12363N21Q4020.pdf

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.

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.

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)

12363N21Q4020 FLAT CREEK BMP PROJECT Page 1 of 37

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 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 with 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.

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)

12363N21Q4020 FLAT CREEK BMP PROJECT Page 2 of 37

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

OF

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: $

12363N21Q4020 FLAT CREEK BMP PROJECT Page 3 of 37

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

OF

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 $ $

12363N21Q4020 FLAT CREEK BMP PROJECT Page 4 of 37

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

12363N21Q4020 FLAT CREEK BMP PROJECT Page 5 of 37

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.

12363N21Q4020 FLAT CREEK BMP PROJECT Page 6 of 37

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.

12363N21Q4020 FLAT CREEK BMP PROJECT Page 7 of 37

(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

12363N21Q4020 FLAT CREEK BMP PROJECT Page 8 of 37

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.

12363N21Q4020 FLAT CREEK BMP PROJECT Page 9 of 37

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

12363N21Q4020 FLAT CREEK BMP PROJECT Page 10 of 37

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

12363N21Q4020 FLAT CREEK BMP PROJECT Page 11 of 37

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.

12363N21Q4020 FLAT CREEK BMP PROJECT Page 12 of 37

"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--

12363N21Q4020 FLAT CREEK BMP PROJECT Page 13 of 37

(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.

12363N21Q4020 FLAT CREEK BMP PROJECT Page 14 of 37

(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.

(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

12363N21Q4020 FLAT CREEK BMP PROJECT Page 15 of 37 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)

12363N21Q4020 FLAT CREEK BMP PROJECT Page 16 of 37 https://www.acquisition.gov/far

"General Decision Number: MT20210078 01/01/2021

Superseded General Decision Number: MT20200078

State: Montana

Construction Type: Heavy

Counties: Lake, Lincoln, Mineral, Ravalli and Sanders

Counties in Montana.

HEAVY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded

(and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, 12363N21Q4020 FLAT CREEK BMP PROJECT Page 17 of 37 including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/01/2021

* ELEC0768-010 07/01/2020

Rates Fringes

ELECTRICIAN......................$ 32.12 14.43

ENGI0400-009 05/01/2013

Rates Fringes

POWER EQUIPMENT OPERATOR:

(Zone 1)

(1) A-frame truck Crane, oiler (except crane).......$ 23.47 10.40

(2) Crane Oiler, Bulldozer, Roller (Dirt and Grade

Compaction).................$ 23.94 10.40

(3) Mechanic, Scraper.......$ 24.34 10.40

(4) Cranes, 25 tons - 44 tons........................$ 27.00 11.40

(5) Cranes, 45 tons to and incl. 74 tons...............$ 28.00 11.40

(6) Cranes, 75 tons to and incl. 149 tons; Cranes, Whirley (All)...............$ 29.00 11.40

(7) Cranes, 150 tons to including 250 tons (add

$1.00

12363N21Q4020 FLAT CREEK BMP PROJECT Page 18 of 37 for every 100 tons over

250 tons); Crane, Stiff-

Leg or

Derrick; Helicopter

Hoist; Crane, Tower (all)...$ 30.00 11.40

ZONE DEFINITIONS FOR POWER EQUPMENT OPERATORS:

The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court

House of the following listed towns to the center of the job:

BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL,

MISSOULA

Zone 1: 0 to 30 miles - Base Pay

Zone 2: 30 to 60 miles - Base Pay + $3.50

Zone 3: Over 60 miles - Base Pay + $5.50

IRON0014-016 07/01/2020

Rates Fringes

IRONWORKER: Reinforcing and

Structural.......................$ 29.15 25.95

SUMT2011-054 02/08/2011

Rates Fringes

CARPENTER (Form Work Only).......$ 24.30 7.80

12363N21Q4020 FLAT CREEK BMP PROJECT Page 19 of 37

CARPENTER, Excludes Form Work....$ 21.13 7.00

LABORER: Common or General......$ 17.99 5.90

LABORER: Pipelayer..............$ 21.81 4.83

LABORER: Landscape and

Irrigation.......................$ 15.14 1.30

OPERATOR: Backhoe...............$ 21.44 8.05

OPERATOR: Bobcat/Skid

Steer/Skid Loader................$ 21.99 8.55

OPERATOR: Excavator.............$ 22.94 9.05

OPERATOR: Grader/Blade..........$ 24.69 8.40

OPERATOR: Loader (Front End)....$ 24.20 7.84

TRUCK DRIVER: Dump Truck........$ 18.84 5.92

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their

12363N21Q4020 FLAT CREEK BMP PROJECT Page 20 of 37 own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or

""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number

12363N21Q4020 FLAT CREEK BMP PROJECT Page 21 of 37 where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those

12363N21Q4020 FLAT CREEK BMP PROJECT Page 22 of 37 classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the

12363N21Q4020 FLAT CREEK BMP PROJECT Page 23 of 37

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

12363N21Q4020 FLAT CREEK BMP PROJECT Page 24 of 37

END OF GENERAL DECISION

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

52.204-16 Commercial and Government Entity Code Reporting.

52.236-28 Preparation of Proposals-Construction.

52.204-8 Annual Representations and Certifications. (Mar 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is__237990___.

(2) The small business size standard is ___$39.50___.

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

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

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

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

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

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

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

(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.

12363N21Q4020 FLAT CREEK BMP PROJECT Page 26 of 37

(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, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(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,…