12034320Q0085.pdf

12034320Q0085

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

04/03/2020

1 55

R1 AQM EAST SIDE ACQUISITION TEAM

ATTN DANA BANGART

3710 FALLON STREET SUITE C

USDA FOREST SERVICE

BOZEMAN MT 59718

10/30/2020

USDA FOREST SERVICE

CUSTER GALLATIN NATIONAL FOREST

10 EAST BABCOCK AVENUE

BOZEMAN

MT 59715

406 624-3442DANA BANGART

04/30/2020 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: 07/15/2020 to 10/30/2020

0001 Porcupine Ibex Trail #267 Relocation Project - Phase II Product/Service Code: Z2QA Product/Service Description: REPAIR OR ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

Delivery: 10/30/2020 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 site, please contact Todd Orr, Trail Construction Engineer, 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 55

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

12034320Q0085

Custer Gallatin National Forest at 406-539-4909 or todd.orr@usda.gov.

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

Vendors must be ACTIVE in the System for Award

Management (www.sam.gov) at the time of receiving quotation.

Magnitude of Construction Project (per FAR

36.204(c)) - Between $100,000 and $250,000.

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

12034320Q0085 – RFQ

Porcupine Ibex Trail #267 Relocation Project – Phase II Yellowstone Ranger District, Custer Gallatin National Forest

B – SUPPLIES OR SERVICES AND PRICES

PORCUPINE IBEX TRAIL #267 RELOCATION PROJECT – PHASE II

YELLOWSTONE RANGER DISTRICT, CUSTER GALLATIN NATIONAL FOREST

PARK COUNTY, MONTANA

B-1 SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

MTH

D of

MEA

S*

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

911(02) Clearing and Grubbing DQ LF 46,550 $ $

912(01) Excavation, unclassified, some bedrock that will require hammering or blasting, incidental

AQ LF 46,550

915(01)a Trail Restoration AQ LF 500 $ $

914(01) Switchbacks, Type 1, 8-ft Radius AQ EA 8 $ $

912(07)a Shallow Stream Ford & Gully

Crossing – Rock Structure.

AQ EA 3

982(01) Trail Logging out during Contract AQ LF 11.7 $ $

912(12) Grade Dip AQ EA 50 $ $

912(06)c Armored Drain Dip AQ EA 5 $ $

913(01)b Turnpike, Log retainer – Type II DQ LF 30 $ $

913(03)b Geosynthetics, Type – Non-Woven DQ SY 20 $ $

921(01)a 15” dia. Corrugated Pipe, Type PE AQ LF 105 $ $

951(01) Mobilization LSQ LS 1 $ XXXX $

952(03) Treated Posts, length 8', diameter

5"- 6" min.

AQ EA 2

954(02) Obliteration AQ LF 500 $ $

935(01) Rock Retaining Wall AQ SF 100 $ $

914(06)a Retaining Walls, Type Rock –

Switchbacks

AQ SF 100

990(01) Trail Excavator Rental, fully operated. Gov’t Directed work.

AQ HR 20

TOTAL $

B-2 NOTES TO QUOTER

*Method of Measurement

AQ - Actual Quantity DQ - Designed Quantity LSQ - Lump Sum Quantity

The pay items in the Schedule of Items have suffixes that do not appear on the pay items in the specifications.

They pertain only to sizes, classes, and/or types indicated in the item "Descriptions,” and are used by the

Government for computer tabulation of bid schedules. For the abbreviations in schedule descriptions see Special

Project Specification SPS 101 (7/7/97).

The quoter must quote all items. Quoter shall round to the nearest cent. Do NOT use fraction of cents in Unit

Price.

Payment for bond premiums in accordance with Clause 52.232-5, Payment under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151-01 Mobilization.

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

Scope of Contract. Construct approximately 8.8 miles of stock trail. Work generally includes clearing and new trail construction, construction of switchbacks and rock wall, reconditioning of existing tread, culvert installation, obliteration of existing trail, installation of drainage structures, post and sign installation, and other miscellaneous trail work. Numerous sections of surface rock may need blasting or hammering. Unclassified excavation incidental to 912(01).

Project Location. The project is located within sections 14, 15, 22, 23, 26, 27, 35 & 36 of T4N, R10E, and sections 2, 11, & 14 of T3N, R10E. The project is located in the Crazy Mountain range northeast of Bozeman, MT. From Bozeman, follow Interstate I90 east for 25 miles to Livingston. Follow Highway 89 north for 29 miles to Wilsall. Just north of Wilsall, turn right or east on Shields valley road and follow for approximately 9 miles.

Turn right or east on Porcupine road 203 and follow east for approximately 7 miles to the end of the road at

Porcupine cabin and trailhead. Project begins on trail 267 going south from the trailhead.

Period of Performance. Work shall begin on July 15, 2020 and be completed by October 30, 2020. Trail construction may not begin before July 15th.

Magnitude of Construction Project (per FAR 36.204(c)) – Between $100,000 and $250,000.

C-2 GENERAL SPECIFICATIONS

Existing Facilities. In addition to the requirements of the Use of Premises Clause, AGAR 452.236-70, all existing facilities such as signs, bridges, trail prisms, drainage structures, and etc. damaged by the Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government.

Government Furnished Property. None.

Pollution and Erosion Control. During all operations under this contract, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and nuisance-free manner. Refuse shall be disposed of in State-approved dumps as approved by the Contracting Officer's

Representative (COR).

During all of the work, the Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution.

Noxious Weed Control. In order to prevent the potential spread of noxious weeds the Contractor shall be required to furnish proof of weed-free equipment. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the construction area. All subsequent move-ins shall be treated the same as the initial move-in. Prior to move-in the contractor shall make equipment available for Forest Service inspection at an agreed location.

C-3 TECHNICAL SPECIFICATIONS

Equipment Specifications. Equipment shall be in good mechanical and operating condition, fully capable of performing all phases of the specified work.

C-4 USE OF MOTORIZED EQUIPMENT

This contract allows use of motorized tools, machinery, and motorcycles. Use of motorcycles will also be allowed on the trails under this contract.

C-5 STANDARD SPECIFICATIONS

Forest Service Standard Specifications for Construction and Maintenance of Trails (September 1996) 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 of the “Standard Specifications for Construction and Maintenance of Trails” (Sept.1996), is available at the following website: http://www.fs.fed.us/r1/helena/contracting/esat_info.shtml

C-6 SPECIAL PROJECT SPECIFICATIONS

The following Special Project Specifications are applicable to this contract and are physically included in this section: NONE

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 October 30, 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

July 15, 2020. 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)

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 SAFETY PLAN

(a) Will be required and submitted for approval to the CO prior to commencement of work.

H-3 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. (Trailer camping will be allowed at the trailhead near the Porcupine Cabin.)

(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-4 FOOD STORAGE ORDER

(a) 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.

H-5 USE OF MOTORIZED OR MECHANIZED EQUIPMENT

(a) All basic trail excavation shall be accomplished by mechanical means with equipment that fits the specified trail widths. Specifically, the intent is to require small track-mounted excavators no wider than 42” unless otherwise approved by the COR. Trail wider than the specified width may require narrowing as a final product.

Any machine over 42” in width will not be allowed on the existing 3 mile trail accessing this project.

This contract also requires that reconditioning of the existing trailbed and Drain Dip construction will be accomplished by mechanized methods.

(b) Trail vehicles for transport of materials, equipment or personnel shall be allowed, as long as the outside track width of the vehicle is less than or equal to the specified trail tread widths.

H-6 SECURITY AND PROTECTION

(a) Security and Protection – Security is the Contractor’s responsibility. Limit access to the construction area to persons involved in the work. Provide secure storage for materials that are stored on site. Secure completed work as required to prevent loss.

Barricades, warning signs and light shall comply with standards and code requirements for erection of structurally adequate barricades. All road warning signs, barricades, and traffic control devices shall conform to MUTCD. Paint with appropriate colors, graphics, and warning signs to inform personnel and the public of the hazard being protected against. Where appropriate and needed, provide lighting, including flashing red or amber lights.

(b) Maintenance of Traffic – The Contractor is authorized to use roads under the jurisdiction of the Forest

Service, and open to public travel, for all activities necessary to complete this contract, subject to limitations and authorizations shown on the drawings or specified under this contract when such use will not damage the roads or national forest resources and when traffic can be accommodated safely.

Before shutting down operations, take all necessary precautions to prevent damage to the project, such as temporary detours, approaches, crossings, or intersections; and provide for normal drainage and minimization of erosion. Leave all travel ways in a condition suitable for traffic.

(c) 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.

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)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

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)

52.211-18 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) http://farsite.hill.af.mil/

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, MT20200079, dated 01/03/2020

J-2: Experience Questionnaire

J-3: Signed Cover Sheet

J-4: Standard Drawings

J-5: Work Items

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. (JAN 2020)

(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/ https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838

(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) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

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

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

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

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

(x) 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.

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

(xii) 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.

https://www.acquisition.gov/content/52203-2-certificate-independent-price-determination#i1063268 https://www.acquisition.gov/content/part-13-simplified-acquisition-procedures#i1112458 https://www.acquisition.gov/content/52203-11-certification-and-disclosure-regarding-payments-influence-certain-federal-transactions#i1063408 https://www.acquisition.gov/content/52203-18-prohibition-contracting-entities-require-certain-internal-confidentiality-agreements-or-statements-representation#i52_203-18 https://www.acquisition.gov/content/52204-3-taxpayer-identification#i1063736 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52204-5-women-owned-business-other-small-business#i1063796 https://www.acquisition.gov/content/52204-26-covered-telecommunications-equipment-or-services-representation#id19CAC0P0ESS https://www.acquisition.gov/content/52209-2-prohibition-contracting-inverted-domestic-corporations-representation#i1062479 https://www.acquisition.gov/content/52209-5-certification-regarding-responsibility-matters#i1062558 https://www.acquisition.gov/content/52209-11-representation-corporations-regarding-delinquent-tax-liability-or-felony-conviction-under-any-federal-law#id165RA0UH01A https://www.acquisition.gov/content/52214-14-place-performance-sealed-bidding#i1059991 https://www.acquisition.gov/content/52215-6-place-performance#i1059247 https://www.acquisition.gov/content/52219-1-small-business-program-representations#i1057235

(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.

(xiii) 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.

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

(xv) 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.

(xvi) 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.

(xvii) 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.

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

(xix) 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.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 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 $83,099, the provision with its

Alternate II applies.

(D)If the acquisition value is $83,099 or more but is less than $100,000, the provision with its

Alternate III applies.

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

https://www.acquisition.gov/content/52219-2-equal-low-bids#i1057302 https://www.acquisition.gov/content/52222-22-previous-contracts-and-compliance-reports#i1055729 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-25-affirmative-action-compliance#i1055782 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-38-compliance-veterans%E2%80%99-employment-reporting-requirements#i1056289 https://www.acquisition.gov/content/52223-1-biobased-product-certification#i1052963 https://www.acquisition.gov/content/52223-2-affirmative-procurement-biobased-products-under-service-and-construction-contracts#i1052973 https://www.acquisition.gov/content/52223-4-recovered-material-certification#i1053040 https://www.acquisition.gov/content/52223-22-public-disclosure-greenhouse-gas-emissions-and-reduction-goals-representation#CDCHDCIFF4 https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 https://www.acquisition.gov/content/52225-2-buy-american-certificate#i1053411 https://www.acquisition.gov/content/52225-1-buy-american-supplies#i1053372 https://www.acquisition.gov/content/52225-4-buy-american-free-trade-agreements-israeli-trade-act-certificate#i1053526 https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446 https://www.acquisition.gov/content/52225-6-trade-agreements-certificate#i1053693 https://www.acquisition.gov/content/52225-5-trade-agreements#i1053648

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification.

This provision applies to all solicitations.

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

Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 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 website 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.acquisition.gov/content/52225-20-prohibition-conducting-restricted-business-operations-sudan-certification#i1054426 https://www.acquisition.gov/content/52225-25-prohibition-contracting-entities-engaging-certain-activities-or-transactions-relating-iran-representation-and-certifications#i1054876 https://www.acquisition.gov/content/52226-2-historically-black-college-or-university-and-minority-institution-representation#i1054999 https://www.acquisition.gov/content/52204-17-ownership-or-control-offeror#i1064305 https://www.acquisition.gov/content/52204-20-predecessor-offeror#id165VE00099X https://www.acquisition.gov/content/52222-18-certification-regarding-knowledge-child-labor-listed-end-products#i1055635 https://www.acquisition.gov/content/52222-48-exemption-application-service-contract-labor-standards-contracts-maintenance-calibration-or-repair-certain-equipment-certification#i1056493 https://www.acquisition.gov/content/52222-52-exemption-application-service-contract-labor-standards-contracts-certain-services-certification#i1056701 https://www.acquisition.gov/content/52223-9-estimate-percentage-recovered-material-content-epa-designated-items#i1053138 https://www.acquisition.gov/content/52227-6-royalty-information#i1052268 https://www.acquisition.gov/content/52227-15-representation-limited-rights-data-and-restricted-computer-software#i1052648 https://www.sam.gov/ https://www.acquisition.gov/content/41201-policy#i1121876

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:

--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…