20Q0027 RFQ.pdf

12034320Q0027

1. REQUEST NO.

5a. ISSUED BY

NAME

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

01/16/2020

1 95

R1 AQM EAST SIDE ACQUISITION TEAM

3710 FALLON STREET SUITE C

BOZEMAN MT 59718

USDA FOREST SERVICE

06/01/2020

USDA FOREST SERVICE

CUSTER GALLATIN NATIONAL FOREST

10 EAST BABCOCK AVENUE

BOZEMAN

MT 59715

406 624-3442DANA BANGART

02/07/2020 1630 MT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Period of Performance: 04/01/2020 to 06/01/2020

0001 Rainbow Point Boat Ramp Construction Product/Service Code: Y1QA Product/Service Description: CONSTRUCTION OF

RESTORATION OF REAL PROPERTY (PUBLIC OR PRIVATE)

Delivery: 06/01/2020 There is no formal site visit for this project.

Interested vendors are highly encouraged to visit the site prior to submission of quotation.

For information regarding the solicitation, please contact Dana Bangart, Contract Specialist, R1 AQM ESAT at 406-624-3442 or dana.bangart@usda.gov.

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 95

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

12034320Q0027

Please review Section L to understand what documents are required when submitting response to the Request for Quotation. Vendors shall be registered and ACTIVE in the System for Award

Management at the time of CO receiving quotation.

Magnitude of Construction Project (per FAR

36.204(b)) - Between $25,000 and $100,000.

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

12034320Q0027 – RFQ

Rainbow Point Boat Ramp Construction Hebgen Lake Ranger District, Custer Gallatin National Forest

12034320Q0027

RAINBOW POINT BOAT RAMP CONSTRUCTION

HEBGEN LAKE RANGER DISTRICT, CUSTER GALLATIN NATIONAL FOREST

GALLATIN COUNTY, MONTANA

B – SUPPLIES OR SERVICES AND PRICES

B-1 SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION METHOD UNIT QTY UNIT

PRICE

AMOUNT

15101 Mobilization LSQ LS 1 XXXXX $

15713 Soil erosion and pollution control

LSQ LS 1 XXXXX $

20301A Removal of existing concrete boat ramp

LSQ LS 1 XXXXX $

20804 Structure excavation LSQ LS 1 XXXXX $

25101 Placed riprap, class 1

(commercial source)

CQ CY 30 $ $

25210A Relocate concrete bollards AQ EA 3 $ $

30201 Aggregate base

(commercial source)

CQ CY 50 $ $

55304 Precast concrete, concrete ramp ACB / plank

CQ SY 105 $ $

60102 Concrete, reinforced, boat ramp

CQ SY 200 $ $

62201 Equipment rental, large dump truck

AQ HR 8 $ $

62202 Equipment rental, hydraulic excavator with thumb

AQ HR 8 $ $

63501 Temporary traffic control LSQ LS 1 XXXXX $

TOTAL PRICE ► $

B-2 NOTES TO QUOTER

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.

http://www.ipp.gov/

Price Quotation furnished by:

Name: _______________________________ Phone: ____________________________

Address: ______________________________ Cell: ____________________________

______________________________ FAX: ____________________________

E-Mail: ________________________________ DUNS # ___________________________

C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract

Intent of Contract. The intent of the contract is to provide for the construction and completion of the work described. The precise details of performing the work are not stipulated except as considered essential for the successful completion of the work. Furnish all labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.

Description of Work. Project includes removing and disposing of old ramp planks, preparing subgrade for new ramp, installing base course, geotextile, cast-in-place concrete upper ramp and precast concrete lower ramp, riprap armoring edges of ramp, and associated prep and cleanup work.

C-2 Project Location

The project is located on the Hebgen Lake Ranger District, Custer Gallatin National Forest. The Site is located 16 miles Northwest of West Yellowstone, MT on the shore of Hebgen Lake in the Rainbow Point Day Use Area.

The Site can be accessed by turning West off of State Hwy 191 onto Rainbow Point Road.

C-3 Price Range

Magnitude of Construction Project (per FAR 36.204(b)) – Between $25,000 and $100,000.

C-4 Bio-based Product Utilization

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008

(FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal

Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and

Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and

Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and

Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Grease Removers Insulating Foam Concrete and Asphalt Release Fluids

Fluid-filled Transformers Wood and Concrete Sealers Composite Panels

Adhesive and Mastic Removers Carpets Roof Coatings

Hydraulic Fluid Water Tank Coatings

Hydraulic Fluids Penetrating Lubricants Concrete and Asphalt Release Fluids

Absorbents Diesel Fuel Additives Greases

Dust Suppressants 2-Cycle Engine Oil Wood and Concrete Sealers

Fertilizers Roof Coatings Water Tank Coatings

Adhesive and Mastic Removers Cleaners Sorbents

Floor Finish Floor Stripper Composite Panels

Insulating Foam Sealers Carpet

Metalworking Fluids Graffiti and Grease Removers Stain Removers

Degreasers De-icers

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov.

The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred

Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Section L, Clause L- * - Instructions for the Preparation of

Technical and Business Proposals).

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The

Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the

COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract.

The data shall be submitted to the COR quarterly.

http://www.biopreferred.gov/

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

C-5 Government-Furnished Property

There is no government furnished property.

Government will provide construction survey and staking. A waste site for over-excavation will also be provided within 1 mile of project site.

C-6 Standard Specifications

"Standard Specifications for Construction of Roads & Bridges of Federal Highway Projects" (FP-14) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

Copies are available electronically on the U.S. DEPARTMENT OF TRANSPORTATION Federal Highways

Administration website at https://flh.fhwa.dot.gov/resources/specs/.

C-7 General Specifications

Work Schedule. The Contractor shall supply a work schedule before starting the project. The

Contractor shall notify to Contracting Officer a minimum of 48 hours in advance of changes in the work schedule.

Hebgen Lake is at its lowest level from April 1 – May 1. The Government desires the majority of the work to occur in this time frame, to minimize dewatering efforts and complete work before water levels peak in early June.

Use of Roads by the Contractor. The Contractor is authorized to use roads under the jurisdiction of the

Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in Road Order(s) or described in the contract, when such use will not damage the roads or National Forest System resources, and when traffic can be accommodated safely.

Traffic Control – The boat ramp area may be closed for 30 consecutive days with proper approval and traffic control plan. This road provides access to homes through the parking lot at the East side of the parking lot – access to homes must be maintained during the period of work.

The plan shall include pre-closure signing to alert boaters/homeowners of the dates the ramp will be closed.

All road and traffic related signing shall be in accordance with the current edition of the Manual on Uniform

Traffic Control Devices (MUTCD) and according to the traffic control plan.

Perform work in a manner that ensures the safety and convenience of the public and protects the residents and property adjacent to the project. Accommodate public traffic on roads adjacent to and within the project until the project is accepted.

Camping – Camping is not permitted on the site but may be as approved in writing by the CO.

Cleanup and Disposal – The Contractor shall be responsible for solid waste disposal. The Contractor shall at all times keep the area in a clean, neat, and orderly condition. Construction related debris, including but not limited to used motor oil, oil cans, grease cartridges and refuse shall be removed promptly from the site and disposed of in a lawful manner off National Forest System lands. Fees for the use of landfills or transfer stations shall be paid for by the Contractor if there is a charge.

Security and Protection – Security is the responsibility of the Contractor. The Contractor shall be responsible for protecting all equipment and supplies for use on the project and stored on the site. The

Contractor shall be responsible for all costs required to provide such protection.

Barricades, Warning Signs, and Lights: Comply with standards and code requirements for erection of structurally adequate barriers. Signing shall meet MUTCD Standards and advise the public of the work being done.

Existing Utilities - The Contractor is responsible for location of all utilities prior to ground disturbance.

Damaged utilities shall be repaired at the Contractors expense.

Call 811 prior to any ground disturbance.

Safety Plan - Contractor shall provide adequate safety briefings and ensure safe practices are followed by all personnel involved in the project. Emergency contact numbers shall be readily available on site. A safety plan shall be submitted to the CO prior to starting work.

Submittals - The contractor shall follow the submittal schedule.

Disturbances - The Contractor may work Monday through Friday excluding legal holidays unless approved in writing by the CO.

Staging Area – As approved by the CO.

Protection of Improvements - The Contractor shall complete sequences of construction activity in order to prevent damage to equipment, material, and articles incorporated into the work covered by this contract.

Water - There is no potable water available on this job. Contractor shall be responsible for all water including water for construction.

Toilet Facilities - The Contractor shall supply portable toilets to the project. If using a local Forest

Service Facility, the Contractor shall get approval from the CO and shall clean the toilet upon job completion.

C-8 OTHER RELATED DOCUMENTS AND DRAWINGS

C-8.1 The following Documents are part of this solicitation and any resulting contract.

- RAINBOW POINT BOAT RAMP PLANS (6 sheets)

- RAINBOW POINT BOAT RAMP FOREST SERVICE SPECIAL SPECIFICATIONS (FSSS) (56 pages)

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 June 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

April 1, 2020 (45 days anticipated for work). 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.

(End of Clause)

CO NOTE: Hebgen Lake will be at its lowest elevation on April 1-15, 2020. It is desired construction starts April 1, 2020 to complete the project with the minimum amount of dewatering.

52.242-14 Suspension of Work. (APR 1984)

G - CONTRACT ADMINISTRATION DATA

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)

H - SPECIAL CONTRACT REQUIREMENTS

H-1 NOXIOUS WEED CONTROL

Prior to mobilizing onto National Forest lands, roads, or trails, the contractor shall sufficiently clean any equipment by removing all visible dirt and plant materials. All subsequent move-outs/move-ins by the same piece of equipment shall be equally cleaned.

Prior to any equipment move-in, the Contractor shall make the equipment available for a Forest Service inspection at an agreed location.

H-2 CAMPING

(a) Before camping, the Contractor shall obtain a District Camping Permit, if required, from each District the

Contractor is working on through the Contracting Officer/Contracting Officer's Representative.

(b) A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(c) Contractor is to bring a proposed campsite location to the prework for review and approval and prior to camping.

(d) In bear country there has been a special order on food storage and camping issued. Refer to section H-3 below for Food Storage requirements.

(e) The Government will make no special camping allowances for the Contractor within or near the project area.

Arrangements with the local private landowners will be at the discretion of the Contractor.

H-3 FOOD STORAGE ORDER

Within bear country there has been a special order on food storage and camping issued. It states that 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, processed 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.

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

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

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

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

52.222-3 Convict Labor. (JUN 2003)

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)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP

2013)

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)

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)

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, MT20200075, dated 01/03/2020.

J-2: Experience Questionnaire

J-3: Project Specifications

J-4: Project Drawings

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): https://www.acquisition.gov/

(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 237990 –

Other Heavy and Civil Engineering Construction.

(2) The small business size standard is $39.5 Million.

(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:

https://www.acquisition.gov/

(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;

(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.

___ (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.

https://www.sam.gov/

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:

Contract Line Item: ALL

--NAICS Code: 237990

--Size Standard: $39.5 Million

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: dana.bangart@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.

mailto:dana.bangart@usda.gov http://www.sam.gov/

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%

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…