12034319Q0207.pdf

12034319Q0207

1. REQUEST NO.

5a. ISSUED BY

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

07/15/2019 964874

1 36

3710 FALLON STREET STE C

BOZEMAN MT 59718

USDA FOREST SERVICE

08/01/2020

USDA FOREST SERVICE

ASHLAND RANGER DISTRICT

PO BOX 168

ASHLAND

MT 59003

406 624-3443

NAME

WES DUDLEY

07/31/2019 1700 MT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

O'Dell Creek & Stocker Branch AOP Culvert Replacements Period of Performance: 08/01/2019 to 08/01/2020

O'Dell Creek & Stocker Branch AOP Culvert Replacement (NFWF11)

Delivery: 08/01/2020

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12034319Q0207

Contractor shall furnish all materials, labor, supervision, transportation, equipment, operating supplies, mobilization and incidentals necessary to complete the project in reasonably close conformity with drawings and specifications, and in accordance with provisions of the contract.

There is no formal site visit for this project.

For site information please contact Andy Wilber, andy.wilber@usda.gov, 406-255-1420.

For information regarding the solicitation, please contact Wes Dudley, Contract Specialist, R1 AQM, East Side Acquisition Team at 406-624-3443 or wesley.dudley@usda.gov.

Magnitude of Construction Project (per FAR 36.204

(b)) - between $100,000 and $250,000.

Per FAR 4.1102 if respondent is not ACTIVE or registered in the System for Award Management

(www.sam.gov) at the time the quote is received, they will be considered non-responsive.

Please read Section L regarding what to be sent in with response package.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Solicitation 12034319Q0207

O’Dell Creek & Stocker Branch AOP Culvert Replacement Project

Ashland Ranger District, Custer Gallatin National Forest, Rosebud County, MT

B – SUPPLIES OR SERVICES AND PRICES

B-1 O’Dell Creek AOP Culvert

ITEM

NO.

DESCRIPTION

METHO

D OF

MEASU

RE-

MENT

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

151-01

MOBILIZATION

LSQ

Lump

Sum 1 $ $

152-01

CONSTRUCTION SURVEY AND

STAKING

Sum

157-13

SOIL EROSION CONTROL

Sum

201-01

CLEARING AND GRUBBING

Sum

203-04

REMOVAL & DISPOSAL OF EXISTING

CULVERT

Sum

208-01

EXCAVATION

DQ CY 602 $ $

204-03

EMBANKMENT

DQ CY 226 $ $

204-04

DISPOSAL OF EXCESS EXCAVATED

MATERIAL

DQ CY 159 $ $

209-01

STRUCTURE BACKFILL

DQ CY 217 $ $

209-03

BEDDING

DQ CY 20 $ $

251-04

CLASS 4 RIPRAP (Grade Control

Structure)

DQ CY 40 $ $

251-05

CLASS 4 RIPRAP (On embankment at culvert inlet)

DQ CY 15 $ $

705-01

IMPORTED STREAMBED MATERIAL DQ CY 40 $ $

301-01

SURFACE COURSE AGGREGATE DQ CY 40 $ $

602-01

96” x 50’ ROUND CULVERT (12 Gauge) LSQ

Sum

DESCRIPTION

METHO

D OF

MEASU

RE-

MENT

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

622-01

RENTAL EQUIPMENT AQ HR 4 $ $

623-01

GENERAL LABOR

AQ HR 8 $ $

TOTAL BID PRICE (O’Dell Creek AOP) $ _

B-2 Stocker Branch AOP

DESCRIPTION

METHO

D OF

MEASU

RE-

MENT

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

151-01

MOBILIZATION

Sum

152-01

CONSTRUCTION SURVEY AND

STAKING

Sum

157-13

SOIL EROSION CONTROL

Sum

201-01

CLEARING AND GRUBBING

Sum

203-04

REMOVAL & DISPOSAL OF EXISTING

CULVERT

Sum

208-01

EXCAVATION

DQ CY 846 $ $

204-03

EMBANKMENT

DQ CY 301 $ $

204-04

DISPOSAL OF EXCESS EXCAVATED

MATERIAL

DQ CY 89 $ $

209-01

STRUCTURE BACKFILL

DQ CY 456 $ $

209-03

BEDDING

DQ CY 32 $ $

DESCRIPTION

METHO

D OF

MEASU

RE-

MENT

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

251-04

CLASS 4 RIPRAP (Grade Control

Structure)

DQ CY 50 $ $

251-05

CLASS 4 RIPRAP (On embankment at culvert inlet)

DQ CY 15 $ $

705-01

IMPORTED STREAMBED MATERIAL DQ CY 80 $ $

301-01

SURFACE COURSE AGGREGATE DQ CY 45 $ $

602-01

171” x 110” x 54’ PIPE ARCH CULVERT

(12 Gauge)

LSQ

Lump

Sum

622-01

RENTAL EQUIPMENT AQ HR 4 $ $

623-01

GENERAL LABOR

AQ HR 8 $ $

TOTAL BID PRICE (Stocker Branch AOP) $ _

TOTAL BID PRICE (Both Culverts) $ _

B-3 NOTES:

DQ = Design Quantity. “Design quantity” is a Forest Service method of measurement from the FS-96 Forest

Service Specifications for the Construction of Roads and Bridges. Under the FP-03 project specifications utilized in this contract this term is replaced by the term “Contract Quantity” (FSSS Section 101.04

Definitions). These quantities are based upon the original design data available prior to advertising the project. Contract quantities will be adjusted only when there are errors in the original design of 15% or more

(FSSS Section 109.02 Measurement Terms and Definitions). Work is measured in accordance with Section

109 and FSSS Section 109.

AQ = Actual Quantity. “Actual quantity” is determined from measurement of the completed work measured in accordance with Section 109 and FSSS Section 109.

LSQ = Lump Sum Quantity. “Lump Sum Quantity” denotes one complete unit of work as required by or described in the contract, including necessary materials, equipment, and labor to complete the job.

The quoter must quote all items. Do NOT use fraction of cents in Unit Price.

Payment for bond premiums, or any costs associated with irrevocable letters of credit, in accordance with Clause

52.232-5, Payments Under Fixed-Price Contracts, shall not be in addition to the contract price. A good place to incorporate bonding costs is under mobilization.

Ashland Ranger District, Custer Gallatin National Forest, Rosebud County, MT

This is a Request for Quotation (RFQ); therefore, no public opening will be held. The results will not be made public prior to award.

Quotes submitted in response to this RFQ will not be returned, but will be retained by the U.S. Forest Service for official record purposes.

The RFQ does not commit the Government to pay any costs incurred in the preparation or the submission of this quote, or to make any award.

The Forest Service utilizes an electronic invoice system called Invoice Processing Platform (IPP). Awardee is required to set-up an account at www.ipp.gov in order to submit invoices.

Price Quotation furnished by:

Name: _________________________________ Phone: ____________________________

Address: ______________________________ Cell: ____________________________

______________________________ FAX: ____________________________

E-Mail: ________________________________ DUNS # ___________________________ http://www.ipp.gov/

C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 PROJECT DESCRIPTION AND LOCATION

(a) - Scope of Contract. Furnish all labor, materials, equipment, supervision, and transportation necessary to complete the AOP

Culvert replacement work as shown and specified.

(b) - Project Location. The project is located on Forest Road #4021 approximately 22 road miles south of Ashland, MT on the

Custer Gallatin National Forest. The project site is shown on the Plans.

(c) – Site Access for Potential Bidders. Potential bidders may access the project site via Forest Road #4131 on the Ashland

Ranger District.

(d) - Forest Service Contact. Parties with questions may contact Andy Wilber, telephone (406) 255-1420.

(e) – Pre-quote Site Tour. There will not be a pre-quote tour of the site.

(f) – Magnitude of Construction. $100,000 to $250,000.

C-2 GENERAL SPECIFICATIONS

(a) – Contractors Responsibilities. The Contractor shall comply with all applicable laws, ordinances, safety codes, regulations, orders and decrees. The Contractor shall be responsible for all damages to persons or property that occur as a result of the actions of the Contractor, all subcontractors, and all employees of the Contractor or subcontractors.

(b) – Stream Alteration Permits. The Forest Service will obtain the state and federal stream alteration permits required for the work. The Contractor shall comply with all requirements of these permits.

(c) – Traffic Control and Safety. Traffic control and site safety shall be the sole responsibility of Contractor. Adequate signs, barricades, cones, and other methods or devices shall be utilized in accordance with the MUTCD. The Contractor will be issued a key to the local road gate for the duration of construction activities. The Contractor shall be responsible for keeping the gate closed and locked at all times during approved construction window in order to prevent public access to the roads.

(d) – Submittals. Submit manufacturer’s literature and/or material testing results for all materials used in the work. It shall be the Contractor's responsibility to submit all items with such promptness as to cause no delay in the work. C.O.’s written approval must be obtained before starting work which involves the item. The Contractor shall allow 7 calendar days for processing of submittals by the C.O. (with the exception of the Dewatering and Sediment Control Plan submittal). The Contractor shall allow

14 calendar days for review of the Dewatering and Erosion Control Plan.

(e) - Noxious Weed Control. In order to reduce the potential spread of noxious weeds onto National Forest System lands, the contractor will be required to clean all construction equipment that may operate off existing roads prior to the equipment entering the National Forest boundary, in accordance with Section 151. The cleaning shall remove all dirt and plant parts that may carry noxious weed seeds inside the National Forest boundary.

All materials brought from off-Forest shall originate from weed-free sources in accordance with Subsection 105.02(b).

(f)– Protection of Resources. The Contractor shall confine all operations (including storage of materials) to areas authorized or approved by the C.O., and shall not deposit rocks, excavated materials, or other debris outside of these limits. Mechanized equipment shall be operated in the creek only in areas that are completely dewatered in accordance with Section 157.

Comply with Section 107 and all Montana Department of Natural Resources & Conservation (DNRC) regulations, including

Forest Fire Regulations established by the DNRC Division of Forestry.

The work location does not coincide with any known archeological or historic sites. If a previously unidentified archeological or historic site is encountered, the Contractor shall immediately discontinue work in the general area of the site and notify the C.O.

immediately.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. In accordance with

Section 107 report, document, and clean up spills or leaks to the satisfaction of the CO and in a manner that complies with

Federal, state, and local laws and regulations.

(g)– Utilities. There are no known overhead or buried utilities near the work site. The Contractor shall be solely responsible for damage to water or utility lines resulting from his actions or those of his employees or subcontractors.

(h)– Erosion and Sediment Control. Prior to the start of construction, obtain C.O. approval of a written Dewatering and

Erosion Control Plan prepared in accordance with Section 157. Do not begin work until the necessary controls for that particular phase of work have been implemented.

(i)– Food Storage. All food, beverages, and scented or flavored toiletries must be stored unavailable to bears at night and when unattended during the day. Attractants include canned food, pop, beer, garbage, grease, livestock or pet food, toothpaste, and chapstick. They must be hung at least 10-feet off the ground and 4-feet from any vertical support, or stored inside a bear resistant container or vehicle. Cars, pick-up cabs, enclosed horse trailers, hard sided campers or camper shells are all considered bear resistant. Food should be stored out of sight in vehicles. Coolers, pop-up campers, backpacks, and tents are not considered bear resistant.

(j)– Storage and Stockpiling of Equipment and Materials. Comply with Section 105. The Contractor will be allowed to store materials at the project site only at C.O. approved locations. The Contractor shall be solely responsible for the loss of or damage to materials stored on Forest Service lands or elsewhere.

(k)– Disposal of Waste Materials. Unsuitable or excess excavated material shall be disposed of in accordance with Section 209.

Trees and brush shall be disposed of in accordance with Section 201. Other project waste materials shall be removed from the

Government lands and disposed of legally.

(l)– Cleanup. Maintain the project work areas in a clean and orderly condition throughout the progress of work under this contract. Upon completing the work, the Contractor shall remove from the work and premises any rubbish, tools, equipment, and materials that are not the property of the Forest Service. Upon completing the work, the Contractor shall leave the work areas in a clean, neat, and orderly condition satisfactory to the C.O.

(m)– Government Provided Material Sources. There are no government provided materials.

(n)– Use of Government Facilities. The Contractor, all subcontractors, and all employees of the Contractor or subcontractors, are forbidden from camping on National Forest Lands while completing the contracted work except with written authorization from the Bozeman District Ranger. All conditions and requirements contained in such an authorization shall be met.

C-3 STANDARD SPECIFICATIONS

Materials and construction of the structure shall be in accordance with the Standard Specifications for Construction of Roads and

Bridges on Federal Highway Projects, FP-14 (U.S. customary units). These specifications can be found at https://flh.fhwa.dot.gov/resources/specs/

C-4 SPECIAL PROJECT SPECIFICATIONS

The following Special Project Specifications are applicable to this contract and are physically included in this section:

Number Description

- Preface

101 Terms, Format, and Definitions

102 Bid, Award, and Execution of Contract

103 Scope of Work

104 Control of Work

105 Control of Material

106 Acceptance of Work

107 Legal Relations and Responsibility to the Public

108 Prosecution and Progress

109 Measurement and Payment

151 Mobilization

152 Construction Survey and Staking

153 Contractor Quality Control

155 Schedules for Construction Contracts

156 Public Traffic

157 Soil Erosion Control

201 Clearing and Grubbing

204 Excavation and Embankment

205 Rock Blasting

208 Structure Excavation and Backfill for Selected Major Structures

251 Riprap

301 Untreated Aggregate Courses

622 Rental Equipment

705 Rock

AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK / SPECIFICATIONS (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

D - PACKAGING AND MARKING

{For this solicitation there are NO Clauses.}

E - INSPECTION AND ACCEPTANCE

52.246-1 Contractor Inspection Requirements. (APR 1984)

52.246-12 Inspection of Construction. (AUG 1996)

F - DELIVERIES OR PERFORMANCE

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) Alternative I

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than August 1, 2020. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by October 1, 2019. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the

Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

NOTE: Notify the Contracting Officer's Representative (COR) of intent to begin work at least seven days in advance.

(End of Clause)

52.242-14 Suspension of Work. (APR 1984)

G - CONTRACT ADMINISTRATION DATA

G-1 GOVERNMENT-FURNISHED PROPERTY

There are no Government provided materials or property

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at a date and time to be determined later.

(End of Clause)

I - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

(End of clause)

52.204-7 System for Award Management. (OCT 2018)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2018)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016)

52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment. (OCT 2015)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.219-6 Notice of Total Small Business Set-Aside. (DEVIATION 2019-O0003)

52.219-28 Post Award Small Business Program Rerepresentation. (JUL 2013)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards – Overtime Compensation. (MAY 2018)

52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work. (MAY 2014)

52.222-6 Construction Wage Rate Requirements. (AUG 2018)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (AUG 2018)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (MAY 2014)

52.222-12 Contract Termination - Debarment. (MAY 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-21 Prohibition of Segregated Facilities. (APR 2015)

52.222-26 Equal Opportunity. (SEP 2016)

52.222-27 Affirmative Action Compliance Requirement for Construction. (APR 2015)

52.222-50 Combating Trafficking in Persons. (JAN 2019)

52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015)

52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2017)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.228-2 Additional Bond Security. (OCT 1997)

52.228-11 Pledges of Assets. (AUG 2018)

52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)

52.228-14 Irrevocable Letter of Credit. (NOV 2014)

52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014)

52.232-23 Assignment of Claims. (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.233-1 Disputes. (MAY 2014)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) http://farsite.hill.af.mil/

52.236-2 Differing Site Conditions. (APR 1984)

52.236-5 Material and Workmanship. (APR 1984)

52.236-6 Superintendence by the Contractor. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts. (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

52.236-14 Availability and Use of Utility Services. (APR 1984)

52.236-15 Schedules. (APR 1984)

52.236-16 Quantity Surveys. (APR 1984)

52.236-17 Layout of Work. (APR 1984)

52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.236-26 Preconstruction Conference. (FEB 1995)

52.242-14 Suspension of Work. (APR 1984)

52.243-5 Changes and Changed Conditions. (APR 1984)

52.244-6 Subcontracts for Commercial Items. (JAN 2019)

52.246-12 Inspection of Construction. (AUG 1996)

52.246-21 Warranty of Construction. (MAR 1994)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). Alternative I (APR 1984)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

52.253-1 Computer Generated Forms. (JAN 1991)

452.232-70 Reimbursement for Bond Premiums – Fixed Price Construction Contracts. (NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996)

452.236-73 Archaeological or Historic Sites. (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

452.236-77 Emergency Response (NOV 1996)

52.222-36 Equal Opportunity for Workers With Disabilities. (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR

60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of

$15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance

Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.225-9 Buy American - Construction Materials. (MAY 2014)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means-

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if-

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy

American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting

Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the

Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of Quantity Price measure (dollars)* Item 1:

Foreign construction material ________ ________ ________

Domestic construction material ________ ________ ________

Item 2:

Foreign construction material ________ ________ ________

Domestic construction material ________ ________ ________

* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.228.13 Alternative Payment Protections. (JUL 2000)

(a) The Contractor shall submit one of the following payment protections:

SF-25A, Payment Bond

Irrevocable Letter of Credit (Portion of SF-25A shall be completed when utilizing ILC)

Tripartite Escrow Agreement

Certified or Cashier’s Check, Bank Drafts, Money Orders or Currency.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting

Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

J-1: Wage Rate Requirements (Construction), Wage Determination: General Decision Number, MT20180080, 01/04/2019

J-2: Experience Questionnaire

J-3: ODellCreekAOP_FSSS_FP-14

J-4: StockerBranchAOP_FSSS_FP-14

J-5: ODellCreekAOP_Plans

J-6: StockerBranchAOP_Plans

K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

(End of provision)

52.204-16 Commercial and Government Entity Code Reporting. (JUL 2016)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.204-8 Annual Representations and Certifications. (OCT 2018)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is xxx.

(2) The small business size standard is xxx.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph

(d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

http://farsite.hill.af.mil/

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures;

or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast

Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative

Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation.

This provision applies to solicitations that include the clause at 52.204-7.

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at

52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its

Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its

Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its

Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

_X_ (i) 52.204-17, Ownership or Control of Offeror.

_X_ (ii) 52.204-20, Predecessor of Offeror.

_X_ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

__ (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Certification.

___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

___ (vii) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

All Contract Line Items:

--NAICS Code: 237310

--Size Standard: $36.5M https://www.sam.gov/

L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

52.204-7 System for Award Management. (OCT 2018)

52.204-22 Alternative Line Item Proposal. (JAN 2017)

52.236-27 Site Visit (Construction). (FEB 1995)

QUOTE SUBMITTAL

Contractors wishing to submit a quote must include the following:

o SF-18, Request for Quotation o Completed Schedule of Items o Completed Section K o Completed Experience Questionnaire (J-2) o Acknowledgment of Amendments, if applicable

Quotations can be electronically mailed to: wesley.dudley@usda.gov

OR

Mailed to: 3710 Fallon Street, Suite C, Bozeman, MT 59718

NOTE TO QUOTER: Per FAR 4.1102 vendors are required to be registered and ACTIVE in the System for Award

Management (www.sam.gov) prior to submitting a quotation. Vendor shall be considered non-responsive if there is not an active registration at the time of Contracting Officer receiving quotation.

52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a Firm Fixed Priced contract resulting from this solicitation.

52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work. (MAY 2014)

(a)

(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)

(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

(End of Provision)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction.

(FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for

Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

3.3% mailto:wesley.dudley@usda.gov http://www.sam.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_220.htm#P63_8740

Goals for Female Participation for Each Trade

6.9% Nationwide

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S.

Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Rosebud County, MT.

52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-

9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers.