C05_Amendment 0001.pdf

(x)

1240BE27Q0001

x x 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.

x

40BE

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

USDA-FS CSA NORTHWEST 3

10/17/20260001

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

10/06/2026

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.)

Helena - Lewis and Clark National Forest Dry Pole Pit Rock Crushing Service

Amendment 0001 - This amendment provides missing solicitation attachments, issues

Government responses to offeror questions, clarifies stockpile and equipment requirements, confirms that drilling or blasting is not required, reaffirms that state permits are not required while the contractor remains responsible for any applicable authorizations, and corrects CLIN structure and other administrative errors. Attached 65 pages.

Period of Performance: 11/01/2026 to 09/30/2027

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

ANDREA J. POLLOCK

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 .

10/17/2026

Amendment 0001 – Solicitation 1240BE27Q0001 - Dry Pole Pit Rock Crushing Services Consolidated Government Responses to Contractor Questions

The following questions were received from interested contractors. As the Contracting Officer, and in coordination with the COR, the Government provides the official responses below. These responses constitute Amendment 0001 to Solicitation 1240BE27Q0001 and are issued in accordance with the RFO FAR.

1. Missing Attachment 1 (PWS) and Attachment 2 (QASP) The Performance Work Statement (PWS) identified as Attachment 1 and Attachement 2 Quality Assurance Surveillance Plan (QASP) are issued with this amendment. This amendment also confirms that all other solicitation attachments previously referenced have been provided.

Additional clarifications requested by offerors are provided below:

• This is an existing pit; the contractor will utilize or expand the current footprint.

This is not a new pit development project.

• Stockpile location: The stockpile shall be placed in the same general area as the pit location.

• Operating windows and restrictions: No special restrictions apply other than winter weather. Access Route 487 is not plowed during winter months.

• Slash Disposal Method I: Slash shall be disposed of by scattering, consistent with FSSS 203.07(b).

2. Pit Location, Coordinates, and Access Route The pit location and access route remain as described in the PWS. Access Road 487 is not plowed during the winter, and winter weather may limit access. No additional road-width or weight restrictions are imposed beyond the requirement to widen a few areas along the access road using the provided backhoe and grader time. A creek crossing (ford) is present—there is no bridge.

Dry Pole Pit Approximate Coordinate Location

N 46° 46’ 25”

W 110° 17’ 35.3”

3. Seasonal, Wildlife, or Work-Hour Restrictions; Site Visit There are no special seasonal or wildlife restrictions aside from typical winter limitations caused by snow. No daily work-hour restrictions are imposed. An organized site visit is not planned.

4. Pit Development and Excavation Responsibilities The PWS outlines pit development requirements. The Government cannot confirm if the Government‑furnished material meets Section 703.05(a) requirements. Material may or may not be excavated or sized; the contractor must be prepared for variable feed size.

Drilling or blasting is not included in the PWS and will not be required under this contract.

5. Source Material Characteristics and Available Volume The PWS describes known characteristics of the source material; however, no specific information is available on volume, maximum feed size, or geotechnical data. These will not be provided. No data exists for available volume or max feed size.

6. FP-24 Grading G Requirements Grading G requirements are included in the technical specifications. Any project‑specific modifications are listed in the PWS. Additives or imported blending materials are not contemplated and would require prior approval if later determined necessary.

7. CLIN Structure for Mobilization, Crushing, and Related Costs CLIN 15101 covers mobilization only. Crushing, pit development, and other production costs shall be included in the unit‑price CY items. Demobilization is incidental to mobilization. CLIN numbering errors have been corrected in the revised attachment.

8. Stockpile Location and Pad Requirements The stockpile location is identified onsite and generally prepared, though minor flattening may be required. Guidance on pad preparation and stockpile configuration is included in the PWS.

9. Stabilization Layer on Stockpile Pad FP-24 Section 314.04 requirements apply where specified in the PWS. No separate 6‑inch stabilization layer requirement is added for this project unless specifically stated in the amended PWS. A stabilization layer is not required for this project.

10. Stockpile Construction Method and Cover Requirements Stockpile construction requirements, including layer limits and conveyor use, follow FP‑24 unless otherwise modified in the PWS. No stockpile cover is required for this project.

11. Measurement for Payment Aggregate will be paid based on measured in‑place accepted cubic yards, not scheduled quantities. A pre‑production ground survey is required, and measurement will be performed by the Government. Contract quantity adjustment provisions apply.

12. Testing Requirements Contractor is responsible for all QA/QC testing. Government performs acceptance testing. A 300‑pound sample and 14‑day advance submission are not required for this stockpile‑only contract.

13. Statistical Acceptance, Reprocessing, and Reject Handling Acceptance procedures are defined in the technical specifications. Rejected material shall be reprocessed or disposed of within designated onsite waste areas identified in the PWS.

14. Backhoe and Grader Rental The backhoe and grader shall be priced as firm-fixed-price lump sum items, inclusive of operators, fuel, transportation, maintenance, and all associated costs. The lump sum price shall cover all work described in the PWS. No hourly pricing will be used for these CLINs.

Approximately 10 hours each is anticipated; additional hours may be authorized and will be negotiated with a bi-lateral modification if needed.

15. Option CLIN Execution All option quantities shall be completed during the same time period as base work. No separate mobilization will be authorized. CLIN errors corrected in attachments.

16. Slash Disposal Method I Slash disposal shall be performed by scattering, consistent with FSSS 203.07(b).

17. Site Restoration Requirements Reclamation and cleanup requirements are described in the PWS and technical specifications. Adequate onsite space exists for overburden, excess material, and reject material.

18. Water Availability Water for dust control is available from the nearby creek. Contractor is responsible for hauling as needed.

19. Permits and Approvals No state permits are required for federal projects. No additional permits or bonding requirements apply. Insurance requirements remain as stated in the solicitation.

In accordance with the RFO FAR, it is the contractor's sole responsibility to obtain, maintain, and comply with all permits, licenses, registrations, certifications, and authorizations required to perform the work under this contract, whether federal, state, or local. The Government will not obtain these on the contractor’s behalf, nor will delays in securing such approvals constitute grounds for equitable adjustment.

20. Wage Determinations and Labor Classifications Wage Determination 2015‑5397 applies. Standard classifications for crusher, loader, excavator/backhoe, and grader operators apply without need for conformance unless contractor's labor categories deviate materially. Fringe benefits requirements are in the wage determination.

21. Invoicing Procedures Contractor may invoice for mobilization and accepted stockpile quantities prior to final completion. Documentation shall include measurement data and acceptance records per the PWS. No retainage applies unless performance issues necessitate withholding under the RFO FAR.

In addition, partial payments are authorized only for items that are clearly divisible, measurable, and independently verifiable as complete portions of the work. Items that cannot be objectively measured or separated into distinct, completed units of work may not be invoiced until fully completed and accepted. All invoicing must align with quantities that the Government can validate through on-site inspection, measurement, or survey.

All invoices must be submitted in accordance with the procedures in the solicitation and PWS, and must be supported by documentation demonstrating completion and acceptance of the measurable portion of work invoiced.

This amendment is hereby issued and is binding.

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

40BE

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

USDA-FS CSA NORTHWEST 3

03K2 CODE 16. ADMINISTERED BYCODE

X

X

X

212319

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR40BE

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

10/22/2026 1300 MT

10/07/2026

458-200-5265ANDREA POLLOCK

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240BE27Q0001

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 611164692OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

STANFORD MT 59479

109 CENTRAL AVE BOX 484

DIST RANGER LEWIS CLARK NTL FOREST

JUDITH RANGER DISTRICT D4

15. DELIVER TO

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA NORTHWEST 3

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Helena - Lewis and Clark National Forest Dry Pole Pit Rock Crushing Service Delivery: 09/30/2027 Period of Performance: 11/01/2026 to 09/30/2027

0001 15101 - Mobilization 1 LS

0002 31401 - Stockpiled Aggregate, Section 301 Surface 8000 CY Course Aggregate, Grading G, Gov't Furnished Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

ANDREA J. POLLOCK

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Material Source, Slash Disposal Method I

0003 62201a - Equipment Rental, Backhoe (10 hours 1 LS approximately)

0004 62201b - Equipment Rental, Grader (10 hours 1 LS approximately)

1001 31401a - Stockpiled Aggregate, Section 301 1000 CY

Surface Course Aggregate, Grading G, Gov't

Furnished Material Source, Slash Disposal Method I

(Option Line Item)

1002 31401b - Stockpiled Aggregate, Section 301 1000 CY

Surface Course Aggregate, Grading G, Gov't

Furnished Material Source, Slash Disposal Method I

(Option Line Item)

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

Helena - Lewis and Clark National Forest Dry Pole Pit Rock Crushing Service

1240BE27Q0001

Description - This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Part 12. This announcement constitutes the only solicitation. Quotations are being requested and a separate written solicitation will not be issued.

Solicitation number 1240BE27Q0001 is issued as a Request for Quotation (RFQ) for Rock Crushing Service for the Helena, Lewis and Clark NF, Judith Ranger District, Sanford MT.

This acquisition is set-aside for small business concerns. The applicable North American Industry Classification Standard Code is 212319 The small business size standard is 550 employees This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.

Statement of Requirement Rock Crushing Service for the Helena, Lewis and Clark NF, Judith Ranger District, Sanford MT.

Work scope includes crushing and stockpile of 10,000 CY including options at the Dry Pole pit.

Specific performance tasks are listed in the attached Performance Work Statement.

Schedule of Items

CLIN Description Estimated Quantity

Unit of Issue

Unit Cost Total

BASE ITEMS

0001 15101 - Mobilization 1 LS $ $ 0002 31401 - Stockpiled Aggregate, Section 301 Surface Course Aggregate, Grading G, Gov't Furnished Material Source, Slash Disposal Method I

8,000 CY $ $

0003 62201a - Equipment Rental, Backhoe (10 hours approximately)

1 LS $ $

0004 62201b - Equipment Rental, Grader (10 hours approximately)

1 LS $ $

OPTION ITEMS

1001 31401a - Stockpiled Aggregate, Section 301 Surface Course Aggregate, Grading G, Gov't Furnished Material Source, Slash Disposal Method I

1,000 CY $ $

2001 31401b - Stockpiled Aggregate, Section 301 Surface Course Aggregate, Grading G, Gov't Furnished Material Source, Slash Disposal Method I

1,000 CY $ $

TOTAL $

Solicitation Attachments The following documents are included as attachments to this solicitation and can be accessed via the “Attachments/Links” section of the posting.

• Attachment 1 - Performance Work Statement

• Attachment 2 – Technical Specifications

• Attachment 3 - Quality Assurance Surveillance Plan

• Attachment 4 – Drawings and Maps

• Attachment 5 – Wage Determination No. 2015-5397, Rev. 30, Dated 08/22/2026

Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions.

Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation 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 the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) ☐ Alternate I (Nov 2025) of 52.212-4

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) 52.222-50 Combating Trafficking in Persons (Nov 2025)

☐ Alternate I (Nov 2025) of 52.222-50 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest After Award (Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025)

☐ Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable if checked:

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) ☒ 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) ☒ 52.219-6 Notice of Total Small Business Aside (Nov 2025)

☐ Alternate I (Mar 2020).

☒ 52.222-3 Convict Labor (June 2003) ☒ 52.222-35 Equal Opportunity for Veterans (Nov 2025)

☐ Alternate I (Jul 2014) of 52.222-35 ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025)

☐ Alternate I (Jul 2014) of 52.222-36 ☒ 52.222-37 Employment Reports on Veterans (Nov 2025) ☒ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010 ☒ 52.222-41 Service Contract Labor Standards (Aug 2018) ☒ 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits Wage Grade 10 $30.76

☒ 52.222-54 Employment Eligibility Verification (Nov 2025) ☒ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☒ 52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) ☒ 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

Other Applicable Clauses

52.217-7 Option for Increased Quantity - Separately Priced Line Item (Mar 1989) 52.245-2 Government Property

AGAR Clauses

AGAR 452.203-70 Unenforceable Supplier Terms (MAY 2026)

(a) Definitions.

Supplier terms mean provisions customarily drafted by vendors of supplies or services and intended to create a binding legal obligation on the end user. The term applies:

1. Regardless of the format or style of the document. For example, supplier terms may appear in standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order or otherwise become effective after the contract date.

2. Regardless of the media or delivery mechanism used. For example, supplier terms may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Applicability. When any supply or service acquired under this contract is subject to supplier terms, the supplier terms are deemed part of the contract only to the extent they are consistent with this clause. Supplier terms that conflict with any part of this clause, the contract, or Federal law are void and will not be considered incorporated into a contract, even if they are physically present in a contract documentation or systems. In the event of any inconsistency between supplier terms and this contract, this clause and the terms of the Government contract must govern and supersede any supplier terms in all cases.

(c) Authorization Required. Notwithstanding any other provision, no supplier terms must be binding on the Government unless the term is expressly authorized on the USDA Supplier Terms Authorization Form signed by the Contracting Officer, and the completed Authorization Form has been incorporated into the contract.

(d) Unenforceable Terms. Any supplier terms that impose obligations or restrictions inconsistent with applicable Federal law are unenforceable against the Government and deemed stricken from the agreement. This includes, but is not limited to, any clause that:

(1) Requires the Government to pay future fees, penalties, interest, legal costs, early‑termination fees, cancellation fees, minimum purchase commitments, true‑up payments, seat‑count minimums, usage minimums, continued‑use charges, or any other financial obligation not expressly authorized by the contract.

(2) Requires the Government to indemnify the contractor or any other entity.

(3) Restricts the Government’s ability to obtain similar supplies or services from another source.

(4) Imposes any penalty, financial or otherwise, based on the Government’s decision not to exercise an option.

(5) Subjects the United States Government to the laws of any U.S. state, territory, district, municipality, or foreign nation, except where Federal law expressly permits such application.

(6) Requires dispute resolution in a forum or venue other than one prescribed by applicable Federal law.

(7) Establishes a period of limitations for bringing an action that differs from that provided by applicable Federal law.

(8) Grants the contractor rights to use, mine, access, aggregate, analyze, or otherwise exploit Government data, usage data, or metadata.

(9) Deems the Government to have accepted initial or revised terms based on silence, continued performance, or failure to object.

(10) Grants the supplier the right to audit Government facilities, systems, records, or use of the product or service, except as expressly authorized by the contract and applicable Federal law.

(11) Requires the Government to accept supplier security requirements, network access requirements, monitoring, penetration testing, or other technical or security measures.

(12) Permits the supplier to suspend, degrade, or terminate access to products or services based on alleged non‑payment, alleged breach, automated security triggers.

(13) Limits the Government’s right to use, install, access, test, evaluate, or transfer the licensed product or service in any manner consistent with the contract and Federal law.

(14) Requires the Government to store, process, maintain, or transmit data in a particular geographic location, or permits the supplier to transfer Government data outside the United States, except as expressly authorized by applicable Federal law.

(15) Authorizes the supplier to use the Government’s name, seal, trademark, logo, or any reference to the Government as an end user or customer for marketing, publicity, promotional activities, press releases, or similar purposes.

(16) Incorporates by reference, or requires the Government to accept, terms or conditions imposed by any third party, subcontractor, or upstream service provider, unless such terms are expressly incorporated into the contract by bilateral modification.

(17) Limits, conditions, or negates the contractor’s performance obligations, service levels, or remedies through a supplier‑provided service level agreement (SLA).

(18) Uses Government data, usage data, metadata, prompts, content, or interactions to train, fine‑tune, improve, or derive any artificial intelligence, machine learning, or automated decision‑making model.

(19) Subjects the Government to automated decision‑making, automated risk scoring, automated content moderation, or any algorithmic process that may affect access, performance, or rights under the contract.

(20) Utilizes artificial intelligence or algorithmic tools that produce decisions, recommendations, or outputs affecting contract performance without providing transparency, explainability, auditability, and bias‑mitigation consistent with applicable Federal law and policy.

(21) Profiles, tracks, or analyzes Government user behavior, preferences, communications, or interactions for personalization, marketing, or algorithmic optimization purposes.

(e) Non-binding Actions. Neither the Government nor any Government authorized end user is deemed to have consented to any term, condition, or clause by virtue of its inclusion in the supplier agreement or through the use of clickwrap, browsewrap, “I agree” mechanisms, or similar means.

Execution of such mechanisms does not bind the Government or its authorized end users to any unenforceable terms.

(f) End user. The supplier agreement must bind the ordering activity as the end user to the extent it does not conflict with the terms of this clause, but it must not bind or impose personal liability on any Government employee or any person acting on behalf of the Government in their personal capacity.

(g) Law and disputes. The supplier agreement is governed by Federal law.

(h) Statutory exception. This clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(i) Continued performance. The supplier or licensor must not unilaterally revoke, terminate, or suspend any rights granted to the Government except as allowed by the contract. If the supplier or licensor believes the ordering activity to be in breach of the supplier agreement, it must pursue its rights under the Contract Disputes Act or other applicable Federal statute while proceeding diligently with performance, pending final resolution of any dispute in accordance with the Disputes Clause at FAR 52.212‑4(d) or FAR 52.233‑1, as applicable.

(j) Arbitration. Binding arbitration must not be used unless specifically authorized by agency guidance.

(k) Equitable or injunctive relief. Equitable or injunctive relief, including the award of attorney fees, costs, or interest, may be awarded against the United States Government only when explicitly provided by statute (e.g., the Prompt Payment Act or the Equal Access to Justice Act).

(l) Revisions to supplier agreements. Any revisions to the supplier agreement must be incorporated into the contract using a bilateral modification. Unilateral revisions are not binding on the Government.

(m) No automatic renewals. If any license or service tied to periodic payment is provided under the supplier agreement (e.g., annual software maintenance or annual lease term), such license or service must not renew automatically upon expiration of its current term without prior express written consent from an authorized Government representative.

(n) Indemnification. Any clause of the supplier agreement requiring the supplier or licensor to defend or indemnify the end user is amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(o) Taxes or surcharges. Any taxes or surcharges which the supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the associated Government contract or order and must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed otherwise.

(p) Non‑assignment. The supplier agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government’s prior approval, except as expressly permitted by FAR 52.212-4(b) or FAR 52.232-23, as applicable.

(q) Confidential information. If the supplier agreement includes a confidentiality clause, such clause is amended to state that neither the agreement nor the contract price list, as applicable, must be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in the supplier agreement to the contrary, the Government may retain any confidential information as required by law, regulation, or its internal document retention procedures for legal, regulatory, or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of the supplier agreement.

(r) Conflict with Federal law. If any other language, provision, or clause of the supplier agreement conflicts or is inconsistent with Federal law or the terms and conditions of this contract, such language, provisions, or clauses will be considered null and void and will not be binding on the United States Government.

(End of Clause)

452.204–70 Modification for Contract Closeout (Apr 2026)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) may issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but is not required to provide a signature. The Contracting Officer will immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) For commercial contracts not exceeding the simplified acquisition procedure threshold under FAR 12.001(c), if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification. Only the modification requires the contractor’s signature, though a Release of Claims may be requested. If the required documents are not returned within 60 days, the Contracting Officer will issue a unilateral modification and proceed with closeout once performance is complete, acceptance is confirmed, and final payment is made.

(c) For all other non-commercial or non–cost‑reimbursement contracts, if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification and a Release of Claims, both requiring contractor signature. If these documents are not returned within 120 days, the Contracting Officer will issue a unilateral modification u and proceed with closeout upon completion of performance, acceptance, and final payment.

(End of Clause)

AGAR 452.236-70 Electronic Submission of Payment Requests (Sep 2026)

(a) Definitions. As used in this clause—

Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor must submit payment requests electronically using the invoice instructions provided in the contract.

(c) The Contractor may submit payment requests using alternate methods when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(e) The Contractor certifies that, by submitting an invoice to the Government, the supplies and/or services billed have been shipped, rendered, or delivered in accordance with instructions issued by the ordering officer; that they are reflected in the quantities and/or period of performance stated on the invoice; and that such supplies and/or services conform to the quantity and quality requirements specified in the applicable contract, order, or blanket purchase agreement.

(f) By requesting payment under this award, the contractor certifies that, to the best of its knowledge and belief, it does not operate programs promoting diversity, equity, and inclusion that violate any applicable Federal anti-discrimination laws.

(End of clause)

Solicitation Information

Award Type

It is anticipated that a firm-fixed price services contract consisting of four (4) base items and two (2) items shall be awarded as a result of this synopsis/solicitation.

The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit pricing for all items.

Evaluation and Basis for Award

The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below. Award will be made to the offeror representing the best value to the Government.

Technical Approach:

The technical approach will evaluate the ability of the offeror to provide a sound and compliant approach that meets all requirements and shows a thorough understanding of them. It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All offerors must provide the following minimum information and documentation with their quotations to be considered responsive and have their offers evaluated:

• Equipment suitability & capacity: Demonstration of crusher type(s), capacity (tonnage per hour), and suitability for the specified rock type and desired gradation.

• Production quality control: Methods to ensure consistent gradation, cubical shape, removal of fines, and compliance with contract specs.

• Operational efficiency: Proposed workflow, sequencing, expected production rates, and strategies for minimizing downtime.

Price:

The offeror shall provide pricing as requested in the Schedule of Items on page 1 of this Request for Quote. Failure to propose pricing for all individual line items may result in a quotation being excluded from further consideration. The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.

Past Performance:

The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the USDA and any information found using sources such as Federal Government sources or the Contractor Performance Assessment Reporting System (CPARS) to determine if the Contractor has acceptable or neutral Past Performance.

Past Performance information provided by the contractor shall only include:

• Performance on contracts within the last 3 years involving:

Similar rock types (e.g., basalt, limestone), Comparable production volumes and geography, Timely completion and contract adherence.

• Client references addressing quality, responsiveness, cost control, and problem resolution.

Past Performance will be evaluated using the following rating system:

• Acceptable: The contractor shows a demonstrated ability to meet contract requirements in prior or current contracts, including quality of work, timeliness, cost control, business relations, and adherence to contract terms.

• Neutral: Offeror does not have a past performance record.

• Unacceptable: The contractor has a documented history of failing to meet contract requirements, including poor quality, missed deadlines, cost overruns, lack of responsiveness, or unethical behavior.

Evaluation Method:

All quotations will be evaluated to identify the offeror presenting the most technically advantageous solution based on the stated evaluation criteria. After identifying the quotation that presents the most advantageous technical approach, the Government will evaluate the proposed price to determine whether it is fair and reasonable. Past performance will also be assessed to ensure it is acceptable or neutral.

Award will be made to the offeror whose proposal is determined to be the highest technically rated, provided that:

• The proposed price is fair and reasonable, and

• Past performance is assessed as acceptable or neutral.

Award will not necessarily be made to the lowest-priced offeror. Tradeoffs will not be conducted.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

Other Information

52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025) Add any items at FAR 52.212-1 not already stated and any other applicable instructions such as page limits, font size, document type required for submission (PDF, Excel). Remember to keep things simple under simplified acquisitions. In most cases there is no need for explicit instructions for page limits, font size, volumes, etc. This should be limited to more complex acquisitions. Some examples of what would be routinely used for simplified acquisitions are:

FAR 52.212-1 is amended as follows:

Submission Method and Address for Quotations Quotes shall be submitted via email to: Andrea Pollock, Contracting Officer Email:

andrea.pollock@usda.gov

The solicitation provides no alternate delivery method.

The quote due date is 10/22/2026 at 1:00 PM MT.

Period for acceptance of offers.

The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Questions Questions shall be submitted via email to andrea.pollock@usda.gov and are due no later than October 15, 2026, at 1:00 PM Mountain Time. This will ensure enough time to respond before the solicitation period ends. Please include the solicitation name and number as the subject line of the email.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations - Representation (Sep 2025) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Sep 2025) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)

The following provisions are applicable if checked:

☒ 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024) ☒ 52.204-7 System for Award Management—Registration (Nov 2025)

Other Applicable FAR Provisions

52.217-5 Evaluation of Options (Nov 2025)

NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Protest Procedures

The United States Department of Agriculture (USDA) is committed to fair, transparent, and efficient acquisitions. Interested parties with concerns about this solicitation are encouraged to seek resolution through the following USDA procedures.

Tier 1: Contracting Officer Concern Resolution

Submission: Interested parties with concerns about either the solicitation or subsequent award should first submit their concern directly to the Contracting Officer, providing sufficient detail to allow the Contracting Officer to understand and assess the issue.

Process: The Contracting Officer will review the concern, seek clarification as needed, and engage with the interested party to attempt prompt resolution.

Review Timeline: The Contracting Officer will make every effort to provide a response or resolution within 10 business days of receiving the concern.

mailto:andrea.pollock@usda.gov

Effect on Award or Performance: Tier 1 engagement is not considered an official notification of filing an agency protest and does not pause solicitation deadlines, delay award decisions, or suspend contract performance.

Next Steps: If the matter cannot be resolved at Tier 1, the interested party may file a written agency protest under Tier 2.

USDA encourages all parties to seek resolution with the Contracting Officer before filing an agency protest.

Tier 2: Agency Protest If concerns cannot be resolved at Tier 1, an interested party may file a written agency protest with either the Contracting Officer or the USDA Independent Review Authority. The decision by the USDA Independent Review Authority is an alternative to a decision by the Contracting Officer. The USDA Independent Review Authority will not consider an appeal of the Contracting Officer’s decision on an agency protest.

The protest must state whether the protester elects review by the Contracting Officer, by the UDSA Independent Review Authority. If no election is stated, the Contracting Officer will decide the protest.

Required Information: Protests shall include the information set forth in FAR 33.104-4 (a)(3).

Failure to submit the required information may result in a delay or dismissal of the protest.

Submission: Agency protests should be submitted electronically to SPE.inquiry@usda.gov and the Contracting Officer.

Timeliness: Protests must be filed within the timeframes specified in FAR 33.104.

Effect on Award or Performance: Contract awards or performance will be suspended during the protest period unless justified in writing for urgent and compelling reasons or determined to be in the best interest of the Government.

Review Timeline: USDA strives to resolve agency-level protests within 35 business days of receipt.

Election of Forum: By filing a protest with USDA, the protesters agree not to file a protest on the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending. If such a protest is filed externally, the USDA agency protest will be dismissed.

Questions: Questions regarding this notice or protest procedures should be directed to the Contracting Officer identified in this solicitation.

mailto:SPE.inquiry@usda.gov

US Department of Agriculture (USDA)

Performance Work Statement

Rock Crushing Service for the Helena - Lewis and Clark National Forest

Solicitation: 1240BE26Q0054

Contents Project General Information

1.0 Scope of Work

Contractor Requirements

3.0 Performance Tasks

4.0 Property

4.1 Government Furnished

4.2 Contractor Property

5.0 Deliverables / Schedule

6.0 Contractor’s Key Personnel

Project Rock Crushing Service for the Helena - Lewis and Clark NF

General Information

1.0 Scope of Work

Rock Crushing Service for the Helena, Lewis and Clark NF, Judith Ranger District, Sanford MT. Work scope includes crushing and stockpile of 10,000 CY including options at the Dry Pole pit. Specific performance tasks are listed in paragraph 3.

2.0 Background

2.1 Project Location

Judith-Musselshell RD Helena–Lewis & Clark NF 109 Central Ave Stanford, MT 59479 Attn: Lindsey Smith, 406-506-4005, linsey.smith@usda.gov

2.2 Period of Performance

Base Period: 1 November 2026 to 30 September 2027

Contractor Requirements

3.0 Performance Tasks

3.1 General:

3.1.a. This is a non-Personnel Services Contract. The Contractor shall furnish all labor, supervision, equipment, transportation, (except those designated as Government-furnished), and incidentals for crushing, stockpiling and site reclamation activities within The scope of this contract.

3.1.b. Contractor Quality Control Plan. The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with this PWS. The QCP shall be submitted to the COR for acceptance within 14 calendar days of award, (Deliverable 01).

3.1.c. Contractor Work Plan: The contractor shall submit a work plan for acceptance to the COR within 14 calendar days of award. (Deliverable 02). At a minimum the work plan shall include: 1) Timeline to completion including proposed project acceptance dates. 2) Key Personnel. 3) Traffic Control Plan, 4) Fire Plan. 5) Contractor equipment storage request.

Acceptable Quality Level: 95%

3.3. NFSR 7350 Rock Pit Rock Pit 7530, Rock Crushing.

Current Conditions Raw Aggregate The material at the Dry Pole Pit is a loose sedimentary rock, unconsolidated and subangular with a high quantity of fines. Limestone (Mississippian Lodgepole) dominates the area. The majority of rubble in the pit is limestone with rare cobbles of igneous material surrounded by limestone suggesting small mailto:linsey.smith@usda.gov basaltic intrusions. Photos of the existing material are found in the Plans section.

This project consists of crushing approximately 8,000 cubic yards of surface course aggregate and placing into an onsite stockpile at the existing Dry Pole Pit on NFSR 6392 off of NFSR 487. The source for crushing is an existing government furnished quarry. Site reclamation shall be completed such that the floor of the pit area drains and the side slopes and headwall are sloped 1.0V:1.5H. Blasting, drilling and shooting will NOT be required to break down or loosen the defined material.