Amend-2 12363N21Q4020.pdf

PDF 8 MB Posted Jun 30, 2021

Attached to: FLAT CREEK BMP PROJECT Federal contract opportunity
Solicitation number: 12363N21Q4020
Issued by: Department of Agriculture Forest Service

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Amendment -1 12363N21Q4020.pdf	PDF	Jun 24, 2021
12363N21Q4020.pdf	PDF	Jun 22, 2021

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12363N21Q4020 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

WASHINGTON DC 20250-1138

363N

CHAD AT BULLOCK

MS-1138

1400 INDEPENDENCE AVE SW

USDA-FS STEWARDSHIP CONTRACTING BR

06/29/20210002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

06/21/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

36.204 Disclosure of the magnitude of construction projects.

Advance notices and solicitations shall state the magnitude of the requirement in terms of physical characteristics and estimated price range. In no event shall the statement of magnitude disclose the Government¿s estimate. Therefore, the estimated price should be described in terms of one of the following price ranges: (c) Between $100,000 and $250,000.

This Amendment has two purposes.

1: Discrepancies found in solicitation regarding bentonite. This solicitation does not require any bentonite.

2: Extended RFQ due date till July 13, 2021 10:00 am mt.

LIST OF CHANGES:

Continued ...

15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

CHAD A.T. BULLOCK

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Amendment-2 12363N21Q4020 FLAT CREEK BMP PROJECT Page 1 of 89

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

12363N21Q4020/0002

Period Of Performance Start Date changed from

01-JUL-21 to 16-JUL-21

Bids due date : 06-JUL-21 changed to 13-JUL-21

Date distributed : 21-JUN-21 changed to 29-JUN-21

CHANGES FOR LINE ITEM NUMBER: 1

Period of Performance: 07/16/2021 to 09/01/2022

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice

Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.

All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.

Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Amendment-2 12363N21Q4020 FLAT CREEK BMP PROJECT Page 4 of 89

12363N21Q4020

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

06/21/2021 1030369

1400 INDEPENDENCE AVE SW

MS-1138

CHAD AT BULLOCK

USDA-FS STEWARDSHIP CONTRACTING BR

WASHINGTON DC 20250-1138

09/01/2022

BITTERROOT NATIONAL FOREST

1801 NORTH 1ST STREET

HAMILTON

MT 59840

208 373-4128CHAD A.T. BULLOCK

06/30/2021 1000 MT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

36.204 Disclosure of the magnitude of

construction projects.

Period of Performance: 07/01/2021 to 09/01/2022

0001 Flat Creek BMP Project - The project consists of Best Management Practice (BMP) upgrades, road improvement work, and gravel surfacing placement.

Work includes roadway preparation by blading, 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)

Amendment-2 12363N21Q4020 FLAT CREEK BMP PROJECT Page 5 of 89

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

12363N21Q4020 shaping, and compaction of existing roadway, ditch and shoulder reconditioning, and gravel surfacing placement at specified locations. This work will also include construction of drain dips suitable for log truck traffic at staked locations within the roadways.

A primary element of this project will be the manufacture, delivery, and proper placement of gravel surfacing, to include blading, watering, and compacting at a specified thickness. Gravel must be produced to meet the specification of

F-SR without bentonite as specified in contract.

Product/Service Code: Z2LB

Product/Service Description: REPAIR OR ALTERATION

OF HIGHWAYS/ROADS/STREETS/BRIDGES/RAILWAYS

Delivery: 09/01/2022

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.

All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.

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

Amendment-2 12363N21Q4020 FLAT CREEK BMP PROJECT Page 6 of 89 jastuart Highlight

SCHEDULE OF ITEMS

FLAT CREEK BMP PROJECT

(NFSR 5637 / 5635 / 13480 / 13482)

BITTERROOT National Forest WEST FORK Ranger District RAVALLI County, Montana

BASE ITEMS:

ITEM NO. DESCRIPTION

* METHOD

MEASURE-

MENT UNIT

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

15101 Mobilization LSQ LS All Req’d $ $

20425 Drainage Excavation, Type II Dip AQ EACH 6 $ $

30101

Aggregate Surface Course, Grading F-SR without Bentonite, 4-inch compacted depth, Compaction Method (b)

CQ CY 1252 $ $

30315 Roadway Reconditioning, Compaction Method (b)

CQ MI 1.36

62201 Equipment Rental, Motorgrader AQ HR 6 $ $

62202 Equipment Rental, Large Dump Truck AQ HR 6 $ $

BASE ITEMS SUB-TOTAL: $

Amendment-1 12363N21Q4020 FLAT CREEK BMP PROJECT Page 5 of 87Amendment-2 12363N21Q4020 FLAT CREEK BMP PROJECT Page 7 of 89

OPTION ITEMS:

The Government anticipates awarding some or all option items. Option items will be awarded in accordance with budgetary constraints. Bidders are required to bid all option items. Reference Drawings Sheet 2 for item locations and specifics.

ITEM

NO. DESCRIPTION

METHOD

MEASURE

-MENT

UNIT ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

20425 Drainage Excavation, Type II Dip AQ EACH 11 $ $

30101.01

Aggregate Surface Course, Grading F-SR without Bentonite, 4-inch compacted depth, Compaction Method (b), FR 5637 - MP 1.75

CQ CY 75 $ $

30101.02

Aggregate Surface Course, Grading F-SR without Bentonite, 4-inch compacted depth, Compaction Method (b), FR 5637 - MP 3.20

CQ CY 75 $ $

30101.03

Aggregate Surface Course, Grading F-SR without Bentonite, 4-inch compacted depth, Compaction Method (b), FR 5637 - MP 3.96

CQ CY 75 $ $

30101.04

Aggregate Surface Course, Grading F-SR without Bentonite, 4-inch compacted depth, Compaction Method (b), FR 5635 - MP 1.12

CQ CY 75 $ $

30101.05

Aggregate Surface Course, Grading F-SR without Bentonite, 4-inch compacted depth, Compaction Method (b), FR 5635 - MP 1.124

CQ CY 75 $ $

30101.06

Aggregate Surface Course, Grading F-SR without Bentonite, 4-inch compacted depth, Compaction Method (b), FR 5635 - MP 1.66

CQ CY 75 $ $

30101.07

Aggregate Surface Course, Grading F-SR without Bentonite, 4-inch compacted depth, Compaction Method (b), FR 5635 - MP 3.93

CQ CY 75 $ $

30101.08

Aggregate Surface Course, Grading F-SR without Bentonite, 4-inch compacted depth, Compaction Method (b), FR 13480 - MP 0.11

CQ CY 75 $ $

30101.09

Aggregate Surface Course, Grading F-SR without Bentonite, 4-inch compacted depth, Compaction Method (b), FR 13482 - MP 0.42

CQ CY 75 $ $

30101.10 Aggregate Surface Course, CQ CY 75 $ $

Amendment-1 12363N21Q4020 FLAT CREEK BMP PROJECT Page 6 of 87Amendment-2 12363N21Q4020 FLAT CREEK BMP PROJECT Page 8 of 89

Grading F-SR without Bentonite, 4-inch compacted depth, Compaction Method (b), FR 13482 - MP 0.64

30101.11

Aggregate Surface Course, Grading F-SR without Bentonite, 4-inch compacted depth, Compaction Method (b), FR 13482 - MP 1.20

CQ CY 75 $ $

30315 Roadway Reconditioning, Compaction Method (b) CQ MI 0.46 $ $

OPTION ITEMS SUB-TOTAL: $

* Designated Method of Measurement AQ – Actual Quantity CQ – Contract Quantity LSQ – Lump Sum Quantity

Amendment-1 12363N21Q4020 FLAT CREEK BMP PROJECT Page 7 of 87Amendment-2 12363N21Q4020 FLAT CREEK BMP PROJECT Page 9 of 89

Flat Creek BMP Project

Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05

SECTION C - Description/Specifications/Statement of Work/Mapping

452.211-72 Statement of Work/Specifications.

452.211-73 Attachments to Statements of Work/Specifications.

SECTION E - INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction

SECTION F - DELIVERIES OR PERFORMANCE

CLAUSES INCORPORATED BY REFERENCE

52.242-14 Suspension of Work (APR 1984)

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within TBD 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 120 Calendar Days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION H - Special Contract Requirements

H. 1 Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Amendment-2 12363N21Q4020 FLAT CREEK BMP PROJECT Page 10 of 89

Any employees and equipment furnished will be relieved from firefighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, Pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one Pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multi-position engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(5) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

Amendment-2 12363N21Q4020 FLAT CREEK BMP PROJECT Page 11 of 89

(6) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires.

Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(7) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

H.2 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Leader.

(b) During the first ninety (15) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause) H.3 Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H.4 Conformity With Drawings and Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H.5 Samples, Tests, Cited Specifications

Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

H.6 Barricades, Warning Signs, and Other Devices

Amendment-2 12363N21Q4020 FLAT CREEK BMP PROJECT Page 12 of 89

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H.7 Weed-Free Equipment

In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

H.8 Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the deposition of rocks, excavating materials, stumps, or other debris outside of these limits. Material, which falls outside of these limits, shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, river, irrigation systems, and impoundments (lakes, reservoirs, etc.)

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Amendment-2 12363N21Q4020 FLAT CREEK BMP PROJECT Page 13 of 89

CLAUSES SECTION I -

CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statement 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations 52.211-18 Variation in Estimated Quantity 52.215-8 Order of Precedence-Uniform Contract Format 52.219-6 Notice of Total Small Business Set-Aside 52.219-28 Post-Award Small Business Program Representation 52.222-3 Convict Labor 52.222-6 Construction Wage Rate Requirements 52.222-7 Withholding of Funds 52.222-8 Payrolls and Basic Records 52.222-9 Apprentices and Trainees 52.222-10 Compliance with Copeland Act Requirements 52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination--Debarment 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations 52.222-14 Disputes Concerning Labor Standards 52.222-15 Certification of Eligibility 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-27 Affirmative Action Compliance Requirements for Construction 52.222-30 Construction Wage Rate Requirements-Price Adjustment 52.222-37 Employment Reports on Veterans 52.222-50 Combating Trafficking in Persons 52.222-55 Minimum Wages Under Executive Order 13658 52.222-62 Paid Sick Leave Under Executive Order 13706 52.223-2 Affirmative Procurement of Biobased Products Under Service And Construction Contracts.

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners 52.223-13 Acquisition of EPEAT®–Registered Imaging Equipment 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

Amendment-2 12363N21Q4020 FLAT CREEK BMP PROJECT Page 14 of 89

52.223-20 Aerosols 52.223-21 Foams 52.225-13 Restrictions on Certain Foreign Purchases 52.227-1 Authorization and Consent 52.227-4 Patent Indemnity-Construction Contracts 52.228-2 Additional Bond Security 52.228-11 Pledges of Assets 52.228-12 Prospective Subcontractor Requests for Bonds 52.228-14 Irrevocable Letter of Credit 52.232-5 Payments Under Fixed-Price Construction Contracts 52.232-23 Assignment of Claims 52.232-27 Prompt Payment for Construction Contracts 52.232-33 Payment by Electronic Funds Transfer—System for Award Management 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-1 Disputes 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.236-2 Differing Site Conditions 52.236-3 Site Investigation and Conditions Affecting the Work 52.236-5 Material and Workmanship 52.236-7 Permits and Responsibilities 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements 52.236-10 Operations and Storage Areas 52.236-11 Use and Possession Prior to Completion 52.236-12 Cleaning Up 52.236-13 Accident Prevention 52.236-14 Availability and Use of Utility Services 52.236-16 Quantity Surveys 52.236-17 Layout of Work 52.236-21 Specification and Drawings for Construction Alt 1 or Alt 2 52.236-26 Preconstruction Conference 52.243-5 Changes and Changed Conditions 52.244-6 Subcontracts for Commercial Items 52.245-1 Government Property 52.245-9 Use and Charges 52.246-21 Warranty of Construction 52.246-21 Warranty of Construction Alternate I 52.249-1 Termination for Convenience of the Government (Fixed Price) (Short Form). Alternate

I 52.249-10 Default (Fixed-Price Construction) also check Alternate I 52.253-1 Computer Generated Form 452.232-70 Reimbursement for Bond Premiums--Fixed-Price Construction Contracts 452.236-71 Prohibition Against the Use of Lead-Based Paint.

452.236-72 Use of Premises.

452.236-73 Archeological or Historic Sites 452.236-74 Control of Erosion, Sedimentation, and Pollution 452.236-76 Samples and Certificates 452.236-77 Emergency Response

Amendment-2 12363N21Q4020 FLAT CREEK BMP PROJECT Page 15 of 89

CLAUSES INCORPORATED BY FULL TEXT

52.222-36 Equal Opportunity for Worker 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.

(End of clause)

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.

"Component" means any article, material, or supply incorporated directly into construction materials.

"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.

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"Cost of components" means--

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (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

(4) 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 implements41 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--

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(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.

(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;

(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.

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(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.

(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 Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of Clause)

52.228-13 -- Alternative Payment Protections. (Jul 2000)

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

(1) Payment Bond

(2) Irrevocable Letter of Credit (ILC)

(3) Money orders, drafts, cashier’s checks, or certified checks.

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

(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

Amendment-2 12363N21Q4020 FLAT CREEK BMP PROJECT Page 19 of 89 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.

(End of Clause)

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):

Federal Acquisition Regulations https://www.acquisition.gov/far

Agriculture Acquisition Regulations https://www.acquisition.gov/far

(End of Clause)

Amendment-2 12363N21Q4020 FLAT CREEK BMP PROJECT Page 20 of 89 https://www.acquisition.gov/far https://www.acquisition.gov/far

NO. DATEBYREVISION DESCRIPTION

SHEET NO.

SET NO.

PROJECT:

DATE:

SHEET INDEX

DATE

PROJECT NUMBER

FLAT CREEK BMP PROJECT

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION ONE

BITTERROOT NATIONAL FOREST

RAVALLI COUNTY MONTANA

AREA MAP

MONTANA / IDAHO INDEX MAP

RECOMMENDED BY:

LOCATION MAP

APPROVED BY:

FOREST ENGINEER

BITTERROOT NATIONAL FOREST

DATE

DISTRICT RANGER

BITTERROOT NATIONAL FOREST

DATE

CONSTRUCTION PLANS

SHEET 1 TITLE

SHEET 2 PROJECT MAP

SHEET 3 SUMMARY OF QUANTITIES & GENERAL NOTES

SHEET 4 DRAIN DIP DETAIL AND TYPICAL ROAD CROSS-SECTIONS

APPROVED BY:

FOREST SUPERVISOR

BITTERROOT NATIONAL FOREST

DATE

16 March 2021

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DWG SHEET NO.

SHEET

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S-

CHECKEDDESIGNERDATE

DRAWING TITLE

United States Department of Agriculture Forest Service

NO. DATEBYREVISION DESCRIPTION

DARBY-SULA RANGER DISTRICT

BITTERROOT NATIONAL FOREST

FLAT CREEK BMP PROJECT

NORTERN REGION PROJECT MAP

3/11/21 JAS AMR 2

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ROAD NO. 5637 5635 13480 13482

ITEM NO. DESCRIPTION UNIT

SUMMARY OF QUANTITIES

TOTAL

15101 Mobilization

LSQ

1 1

20425

Drainage Excavation, Type II Dip

EA 9 4 1 3 17

30101

Aggregate Surface Course, Compaction Method b

CY 1477 300 75 225 2077

30315

Roadway Reconditioning, Compaction Method b

MI 1.36 0.23 0.06 0.17 1.82

32201

Equipment Rental, Motorgrader

HR 3 1 1 1 6

32202

Equipment Rental, Dump Truck

HR 3 1 1 1 6

DWG SHEET NO.

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8 0 7:

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CHECKEDDESIGNERDATE

DRAWING TITLE

PROJECT NAME

United States Department of Agriculture Forest Service

NO. DATEBYREVISION DESCRIPTION

WEST FORK RANGER DISTRICT

BITTERROOT NATIONAL FOREST

FLAT CREEK BMP PROJECT

NORTERN REGION SUMMARY OF

QUANTITIES &

GENERAL NOTES

3/11/21 JAS AMR 3

GENERAL NOTES:

1) TRAFFIC CONTROL IS THE RESPONSIBILITY OF THE CONTRACTOR, SEE SECTION 156 - PUBLIC TRAFFIC

2) ITEM 30101 - AGGREGATE SURFACE COURSE - ALL QUANTITIES ARE IN PLACE QUANTITIES. CONSTRUCTION WATER, COMPACTION AND HAUL ARE INCIDENTAL TO ITEM 30101. ALL MILEAGES NOTED IN DRAWINGS ARE CALCULATED FROM THE END OF THE COUNTY ROAD, WHICH COINCIDES WITH

THE END OF THE PAVEMENT.

3) CONTRACTOR IS RESPONSIBLE FOR MAINTAINING HAUL ROUTE DURING AND AFTER PERIODS OF HAUL IN A MANNER THAT KEEPS ROUTS SAFE AND ADEQUATELY MAINTAINED TO ACCOMMODATE PUBLIC TRAFFIC. DUST CONTROL IS REQUIRED DURING PERIODS OF ACTIVE HAULING AS REQUIRED

BY SECTION 158. DEVELOP WATER SOURCES ON FOREST SERVICE LAND IAW FSSS 170. DUST CONTROL IS INCIDENTAL TO ITEM 13101.

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DWG SHEET NO.

SHEET

9/2 8/1

8 0 7:

S-

CHECKEDDESIGNERDATE

DRAWING TITLE

PROJECT NAME

United States Department of Agriculture Forest Service

NO. DATEBYREVISION DESCRIPTION

WEST FORK RANGER DISTRICT

BITTERROOT NATIONAL FOREST

FLAT CREEK BMP PROJECT

NORTERN REGION DRAIN DIP DETAIL &

TYPICAL ROAD

CROSS-SECTIONS

3/11/21 JAS AMR 4

A(ft) B(ft) R(ft)

GRADE

TYPE I

TYPE II TYPE III

LENGTH TAPER ROUNDING

0-5

6-9

10-12

LENGTH TAPER ROUNDING LENGTH TAPER ROUNDING

0-5

6-9

10-12

0-5

6-9

30 30

30 50

30 60

2020 25

20 40

20 50

10 - 30

NOTES:

1. CROSS SLOPE OF THE LOW POINT DRAINLINE SHALL BE 5%.

2. SKEW OF DRAINLINE SHALL BE 0-25 DEGREES.

3. WHEN RIPRAP IS SPECIFIED AT OUTLET, IT SHALL BE SHAPED TO

ASSURE WATER GOES ONTO RIPRAP, NOT AROUND.

4. RIPRAP TOP ELEVATION SHALL BE AT TOP OF FINISHED OUTLET

GRADE, NOT SUBGRADE.

5. TAPER LENGTHS SHALL BE WITHIN 10% OF LISTED LENGTHS.

6. UNLESS OTHERWISE SPECIFIED DO NOT INTERCEPT THE

ROADWAY DITCH.

A(ft)

B(ft) R(ft)

A(ft)

B(ft)

R(ft)

B A B

DRAIN DIP PROFILE

EXISTING ROAD PROFILE

DRAIN DIP

NOT TO SCALE

GRADE

10 - 30

I N

TYPICAL ROAD SECTION - INSLOPE…

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