1240LS24Q0110 GAOA Salina Creek Road Aggregate Combined Synopsis_RFQ.pdf

Solicitation Number: 1240LS24Q0110 GAOA Salina Creek Road Aggregate

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2024-06.

(iv) This procurement is set aside for 100% Total Small Business. The NAICS code is 212321 and the

Small Business Size Standard is 500 Employees.

(v) Schedule of Items/Price Schedule

Base

Items Supplies/Services Qty

Unit of

Issue

Method of

Measure

Unit Price Total Price

Range

30101 Aggregate Surface

Course, Grading H

Delivered Near I-70, Exit

73, including mobilization, and loader for shaping the stockpile etc.

10,000

Tons

Minimum

50,000

Tons

Maximum

Ton AQ $ $

Indicate ability to deliver by the schedule outlined in this solicitation; Yor N:

If unable to deliver by the schedule outlined in this solicitation, indicate earliest possible delivery date, based on an anticipated award date of 09/30/2024.

Quoter’s Company Information

Name of Company (Please Print):

UEI NUMBER from SAM.gov:

Printed Name of Company Rep:

Signature of Company Representative:

Date:

Phone Number:

Email Address:

Schedule Notes:

a) One award will be made from this solicitation. Contractors must submit pricing for all items.

b) The price of mobilization of the loader to shape the stockpile shall be included in the price per ton of the aggregate.

c) The Government intends to order a minimum of 10,000 tons and a maximum of 50,000 tons during the life of this contract, which is anticipated to be up to 5 years.

d) The Government will consider unit price increases over the life of this contract for increases in fuel costs, only, if the request is submitted 30 days prior to the delivery date of each order, and only if the fuel prices vary more than 15% from the price used for the initial unit price in the schedule of items.

(vi) Description of Requirement

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Contract

The work consists of delivering, stockpiling and shaping the specified crushed aggregate surface course to the specified location near the I-70 Exit #73, the Salina Cr. Exit. A loader will be necessary to push up the stockpile into a conical shape.

C.2 Project Location

The project is located on the Fishlake National Forest on the Richfield Ranger District, approximately

20 miles east of Salina, UT.

A Forest Visitor/Travel Map may be helpful to determine the proximity of the project from a larger perspective. A Forest Visitor/Travel Map may be acquired from the Fishlake National Forest.

To access the project from the I-70 Exit #56 (Salina, Utah Exit), travel east on I-70 for approximately 17 miles to Exit #73. Follow I-70 frontage road, east, about ½ mile to Forest Road #009, Salina Cr. Road.

Stockpile location is 0.1 miles up FR #009.

C.3 Estimated Price Range – NA

C.4 List of Specifications

The Standard Specifications for this project are contained within the “Standard Specifications for

Construction of Roads and Bridges on Federal Highway Projects” FP-03 U.S. Customary Units. Copies of this document are available on-line only at the Federal Highway Administration web site at http://www.wfl.fha.dot.gov/design/specs/fp03.htm in either Microsoft Word .doc or Adobe Acrobat .pdf format.

Supplemental Project Specifications included in full text in Section J of the contract amend, supplement, or replace the Standard Specifications.

The following lists applicable supplemental specifications for this project.:

Section 011900 - Mobilization

Section 013300 - Submittal Procedures

Section 014100 - Quality Control

Section 321204 - Crushed Aggregate Base Or Surface Course

NOTE: Quoter’s are cautioned to carefully review these Standard and Supplemental Project

Specifications prior to submission of bids. All specifications in the “Standard Specifications for

Construction of Roads and Bridges on Federal Highway Projects” FP-03 U.S. Customary Units are binding on the parties signing the contract, including any that may be omitted above.

C.5 AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

http://www.wfl.fha.dot.gov/design/specs/fp03.htm

C.6 Technical Requirements

Supplemental Project Specifications are included in Section H. All items shown or noted on plans, which are not specifically bid items, are considered indirect payment items, per FP-03, Section

109.05(b). The cost of furnishing and installing all indirect payment items will not be paid for separately but shall be included in the unit price bid for other items unless noted otherwise.

C.7 Order of Precedence -

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) Bid Schedule

(2) Representations and other instructions

(3) Contract clauses

(4) Other documents, exhibits, and attachments

(5) Forest Service Supplemental Specifications(FSSS)

(6) Standard Specifications(FP-03)

(7) (a) Plans, figured dimensions over scaled dimensions

(b) Plans, large scale contract plans over small scale contract plans

(c) Schedules on contract plans over any conflicting notations on contract plans

(8) Shop drawings

SECTION D – PACKAGING AND MARKING

(For this Solicitation, there are No clauses in this Section)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 FAR 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 address: www.arnet.gov/far/.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

E.2 Inspection and Acceptance

Periodic field inspections will be made by the Contracting Officer’s Representative (COR) or the COR's designated Inspector. Work not completed to contract standards shall be rejected and reworked without additional compensation to the Contractor.

http://www.arnet.gov/far/

SECTION F – DELIVERIES OR PERFORMANCE

F.1 FAR 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 address:

www.arnet.gov/far/.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F.2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

Alternate I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use within the contract time stated below.

The time stated for completion shall include final cleanup of the premises.

F.3 Contract Time

DELIVERY DATE

Delivery Requirements may vary from 20-60 Days ARO, per order

CONTRACT TIME

11/1/2024-10/31/2029 http://www.arnet.gov/far/

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Government Furnished Property

No government furnished property.

G.2 Measurement

Units of measurement shall be as indicated in the Schedules of Items.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Pre-Bid Meeting

No pre-bid meeting is scheduled for this project. Therefore, contractor shall take the necessary steps to ascertain the nature of the project required and investigate all roads providing access to the project as well as the project road itself. The Contractor shall satisfy him/herself as the general and local conditions of the project road that could affect the cost of the project. Any failure of the contractor to take the actions described and acknowledged in the paragraph will not relieve the Contract from the responsibility of estimating properly the difficulty and cost of successfully constructing the project as specified.

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location

Delivery Requirements may vary from 20-60 Days ARO, per order, Delivered Near

I-70, Exit 73

USDA FOREST SERVICE, R4

SECTION 011900 - MOBILIZATION

PART 1 - GENERAL

1.1 SUMMARY

A. This item is intended to compensate the Contractor for operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for payment of premiums for bonds and insurance for the project; and for any other work and operations which must be performed or costs that must be incurred incident to the initiation of meaningful work at the site and for which payment is not otherwise provided for under the contract.

PART 2 - PRODUCTS (NOT USED)

PART 3 - EXECUTION (NOT USED)

END OF SECTION 011900

September 2024

SECTION 013300 - SUBMITTAL PROCEDURES

PART 1 - GENERAL

1.1 SUMMARY

A. This Section includes administrative and procedural requirements for submitting Shop

Drawings, Product Data, Samples, and other miscellaneous submittals. See Table

013300-1 for a summary of required submittals.

B. See other specification section within this package for additional requirements on submittal.

1.2 SUBMITTAL PROCEDURES

A. Coordination: Coordinate preparation and processing of submittals with performance of project activities.

1. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination.

a. The Contracting Officer (CO) reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received.

B. Processing Time: Allow enough time for submittal review, including time for re-submittals, as follows. Time for review shall commence on CO's receipt of submittal.

1. Initial Review: Allow 14 days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. CO will advise Contractor when a submittal being processed must be delayed for coordination.

2. If intermediate submittal is necessary, process it in same manner as initial submittal.

3. Allow 14 days for processing each re-submittal.

4. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing.

C. Identification: Place a permanent label or title block on each submittal for identification.

1. Indicate name of firm or entity that prepared each submittal on label or title block.

2. Provide a space on label or beside title block to record Contractor's review and approval markings and action taken by CO.

3. Include the following information on label for processing and recording action taken:

a. Project name.

b. Date.

c. Name and address of Contractor.

d. Name of manufacturer.

e. Unique identifier, including revision number.

f. Number and title of appropriate Specification Section.

g. Drawing number and detail references, as appropriate.

h. If more than one item is shown on submittal sheet, identify item.

Quoters shall submit the material properties and gradation of the aggregate as part of their submittal prior to award. The requirements are located in Section 2.1, paragraph B (Material Properties) and Section 2.2 (Gradation).

D. Deviations: Highlight, encircle, or otherwise identify deviations from the Contract

Documents on submittals.

E. Additional Copies: Unless additional copies are required for final submittal, and unless

CO observes noncompliance with provisions of the Contract Documents, initial submittal may serve as final submittal.

1.3 MEASUREMENT AND PAYMENT

A. No separate measurement and/or payment will be made for this section. Payment shall be included with work shown in the schedule of items.

PART 2 - PRODUCTS

2.1 ACTION SUBMITTALS – (Submittals requiring CO approval)

A. General: Prepare and submit Action Submittals required by individual Specification

Sections.

1. Number of Copies: Submit one copy of each submittal.

B. Product Data: Collect information into a single submittal for the product.

1. Submit product data according to Submittal Schedule shown below.

PART 3 - EXECUTION

3.1 GENERAL

A. Review each submittal and check for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to CO.

B. Submittals not required by the Contract Documents will not be reviewed and may be discarded.

C. Substitutions – Whenever materials, products, and equipment are listed by name or brand in the specifications and/or on the drawings, it is used as a measure of quality, utility, or standard. If the Contractor prefers to use any other brand or manufacturer of same quality, appearance and utility to that specified, he shall request substitution as provided below, not less than 30 days before the planned installation of the item. The Contracting Officer will approve or disapprove the request for substitution.

D. Requests for substitutions will only be considered if contractor submits the following:

1. Complete technical data including drawings, complete performance specifications, test data, samples and performance tests of the article proposed for substitution.

Submit additional information if required by Contracting Officer. All items in the above information shall be circled, tagged, or marked in some way to indicate all deviations or differences which the proposed item differs from the originally specified item.

2. Similar data as above for item originally specified. All items shall be marked to identify where/how the proposed substitution will differ.

3. A statement by the Contractor that the proposed substitution is in full compliance with the contract documents, applicable codes, and laws.

4. The Contractor shall be responsible for any effect upon related work in the project for any substitution and shall pay any additional costs generated by any substitutions.

3.2 SUBMITTAL SCHEDULE – Submittals shall be made as required by and called for in the drawings and specifications. The following table is a summary of the required submittals for the project - the table is to assist the Contractor and may not be all inclusive

– additional submittals may be required by specific specifications:

TABLE 013000-1

Spec.

Section Section Title Subsection Required Submittal Timeframe

321204 Crushed Aggregate Base or Surface Course

2.1, 2.2 Aggregate Base –

Source, Gradation, Material Properties

Include with response to solicitation

321204 Crushed Aggregate Base or Surface Course

2.1 Material Properties Include with response to

solicitation

321204 Crushed Aggregate Base or Surface Course

1.3A Weigh Tickets Immediately after aggregate has been delivered

END OF SECTION 013300

SALINA CREEK AGGREGATE

SECTION 014100 - QUALITY CONTROL

PART 1 - GENERAL

1.1 This work shall consist of providing quality control in conformance with the inspection, testing, and product certification requirements of this contract to ensure compliance with the specifications. The

Contractor shall provide all personnel, equipment, tests, and reports necessary to meet the requirements of the contract.

1.2 QUALITY CONTROL

A. The Contractor shall provide and maintain a quality control system that will ensure all services, supplies, and construction work required under this contract conforms to the contract requirements. The

Contractor shall perform, or cause to be performed, the sampling, inspection, and testing required to substantiate that all supplies conform to the contract requirements.

1.3 SUBMITTALS

A. Test and Inspection Reports

1.4 MEASUREMENT AND PAYMENT

A. No separate payment will be made for the work included under this section; rather payment shall be considered to be included in the items of work listed in the Schedule of Items.

PART 2 - PRODUCTS (Not Applicable)

PART 3 - EXECUTION

3.1 QUALITY CONTROL SYSTEM

A. General: Perform required testing, inspections, sampling, and similar services per direction specified in the contract drawings and specifications and in accordance with established industry standards.

3.2 TEST AND INSPECTION REPORTS

A. Submit one copy of complete test results.

B. Submit failing test results and proposed remedial actions within four hours of noted deficiency.

C. Testing and Inspection Reports shall include the following:

1. Date of issue.

2. Project title and number.

3. Name, address, and telephone number of testing agency.

4. Dates and locations of samples, tests, or inspections.

5. Names of individuals performing tests and inspections.

6. Reference Specification Section(s).

7. Complete test or inspection data.

8. Test and inspection results and an interpretation of test results.

9. Ambient conditions at time sample was taken, tested, or inspected.

10. Comments or professional opinion on whether tested or inspected work complies with the Contract

Document requirements.

11. Name and signature of laboratory inspector.

12. Recommendations on retesting and reinspecting.

3.3 PERMITS, LICENSES, AND CERTIFICATES

A. For Contracting Officer’s records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations relevant to the on performance of the work.

END OF SECTION 014100

SECTION 321204 - CRUSHED AGGREGATE BASE OR SURFACE COURSE

PART 1 GENERAL

1.1 SUMMARY

A. This Section includes furnishing, hauling and stockpiling one or more courses of aggregate base or surface course material at a specified location.

1.2 SUBMITTALS

A. Aggregate source, gradation, and material properties.

1. Submit target values within the gradation ranges shown in Table 321204-1 and /or 321204-2 for the required grading. After reviewing the Contractor’s proposed target values the CO will determine the final values for the gradation and notify the Contractor in writing.

B. Material Properties

C. Weigh Tickets

1.3 MEASUREMENT AND PAYMENT

A. Crushed Aggregate: The accepted quantities will be paid at the contract price per unit of measurement for the Section 322 pay items listed in the bid schedule. Payment will be full compensation for the work prescribed in this Section.

B. No adjustment in a contract unit price will be made for variations in quantity due to differences in the specific gravity or moisture content.

PART 2 PRODUCTS

2.1 AGGREGATES

A. General: Furnish aggregate Subbase, Base, or Surface Courses meeting the gradation ranges shown in

Table 321204-1 and Table 321204-2. Aggregate grade selection shall be as shown on the Drawings and in the Schedule of Items.

B. Materials shall be obtained from a commercial source. Furnish aggregates that consist of hard, durable particles or fragments of crushed stone, crushed slag, or crushed gravel meeting the appropriate gradation and conforming to the following:

1. Los Angeles abrasion, AASHTO T 96 …...…………………….……... 45% max

2. Sodium sulfate soundness loss (five cycles), AASHTO T 104 ……….. 12% max

3. Durability index, AASHTO T 210 ……………………………………. 35 min

4. Fractured faces, ASTM D 5821 (Subbase or Base)……………………. 50% min

5. Fractured faces, ASTM D 5821 (Surface Course).……………………. 50% min

6. Free from organic matter and lumps or balls of clay.

D. Obtain the aggregate gradation by crushing, screening, and blending processes as necessary.

2.2 AGGREGATE GRADATION

Table 321204-1, Crushed Aggregate Grading Requirements for Subbase and Base.

Percent Passing

(AASHTO T27 and T11)

Sieve Grading A

(Subbase)

Grading B

(Subbase)

Grading C

(Base)

Grading D

(Base)

Grading E

(Base)

2 1/2 -inch 100

2-inch 97-100 100 100

1-1/2-inch 97-100

1-inch 65-79 (6) 80-100 (6) 100

3/4-inch 60-94 (6) 86-100 (6) 100

1/2-inch 45-59 (7)

3/8-inch 40-69 (6) 51-82 (6) 62-90 (6)

No. 4 28-42 (6) 40-60 (8) 31-54 (6) 36-64 (6) 36-74 (6)

No. 40 9-17 (4) 12-26 (4) 12-26 (4)

No. 200 4-8 (3) 4-12 (4) 4-7 (3) 4-7 (3) 4-7 (3)

() The value in the parentheses is the allowable deviation (+ / - ) from the target values.

Liquid Limit, AASHTO T89 = 25 max. Plastic Limit, AASHTO T-90 = nonplastic.

Table 321204-2, Crushed Aggregate Grading Requirements for Surface Course.

Percent Passing

(AASHTO T27and T11)

Sieve Grading F

(Surface Course)

Grading G

(Surface Course)

Grading H

(Surface Course)

1-1/2-inch 100 100

1-inch 97-100 100 90-100

3/4-inch 76-89 (6) 97-100 80-95 (6)

1/2-inch

3/8-inch 56-68 (6) 70-80 (6) 67-83 (6)

No. 4 43-53 (7) 51-63 (7) 48-68 (7)

No. 8

No. 16 23-32 (6) 28-39 (6) 25-42 (6)

No. 40 15-23 (5) 19-27 (5) 17-35 (5)

No. 200 10-16 (4) 10-20 10-19 (4)

() The value in the parentheses is the allowable deviation (+ / - ) from the target values.

Liquid Limit, AASHTO T 89 = 35 max, Plastic Index, AASHTO T90 = 2 to 9 if percent passing the No. 200 sieve is less than 12% and less than 2 if the percent passing the No. 200 sieve is greater than 12%.

If the plasticity index (PI) is greater than 0, the TV range for the No. 200 sieve size is 8-12 (4).

PART 3 EXECUTION

3.1 GENERAL

A. Verify that subgrade is dry and in suitable condition, locate areas that are unstable and notify CO.

B. Deliver and stockpile aggregate at specified location. Exact location will be staked on the ground by the

CO.

C. Use loader to push up delivered aggregate into a conical stockpile.

3.2 ACCEPTANCE

A. Aggregate shall be accepted following stockpile placement when shown to meet material quality, gradation, and total required tonnage.

END OF SECTION 321204

CLAUSES:

(viii) FAR 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 Regulation (FAR): https://www.acquisition.gov/browse/index/far (Clauses are located at

FAR part 52 and begin with 52)

Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar (Clauses are located at AGAR part 452 and begin with 452)

Deviations to clauses may be viewed at: Policies & Regulations | USDA

Clauses Incorporated by Reference:

(ix) FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(NOV 2023)

Addenda to FAR 52.212-4:

FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.216-4 Economic Price Adjustment-Labor and Material (JAN 2017)

AGAR 452.204-70 Modification for Contract Closeout (DEVIATION JUN 2024)

(x) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Products and Commercial Services (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015).

(5) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) FAR 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) FAR 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-

77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

☒ (4) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/agar https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900

☒ (5) FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☒ (9) FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section

102 of Division R of Pub. L. 117-328).

☒ (11)(i) FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition

(Dec 2023) (Pub. L. 115–390, title II)

☒ (12) FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

☒ (18) (i) FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

☒ (26) (i) FAR 52.219-28, Post Award Small Business Program Re-representation (FEB 2024)

(15 U.S.C. 632(a)(2)).

☒ (31) FAR 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

☒ (32) FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).[

☒ (33) FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015).

☒ (34) (i) FAR 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

☒ (35) (i) FAR 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

☒ (36) (i) FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) (29 U.S.C. 793).

☒ (37) FAR 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

☒ (39) (i) FAR 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

☒ (46) FAR 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

☒ (50) FAR 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) FAR 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

☒ (55) FAR 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024) (E.O. 13513).

☒ (56) FAR 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

☒ (59) FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT2018) (31 U.S.C. 3332).

(d) (1) – (3)

(e) (1), (2)

Clauses Incorporated by Full Text

(xi) FAR 52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through 10/31/2029.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.226-8#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(xii) FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 10,000 Tons, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 50,000 Tons;

(2) Any order for a combination of items in excess of 50,000 Tons; or

(3) A series of orders from the same ordering office within 14 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(xiii) FAR 52.216-21 Requirements (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the

Government’s requirements do not result in orders in the quantities described as "estimated" or

"maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

https://www.acquisition.gov/far/current/html/52_216.html#wp1115057

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 10/31/2030.

(g) The requirements referred to in this contract are for items to be manufactured according to the

Government specifications. Notwithstanding anything to the contrary stated in the contract, the

Government may acquire similar products by brand name from other sources for resale.

(xiv) FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

LIST OF DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment Description Pages

A Stockpile Location 1 gsandall Callout Crushed Aggregate Stockpile Location gsandall Text Box Salina gsandall Callout Green River gsandall Callout Salina Cr. Road

PROVISIONS

(xv) FAR 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):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far (Provisions are located at FAR part 52 and begin with 52)

Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar

(Provisions are located at AGAR part 452 and begin with 452)

Deviations to provisions may be viewed at: Policies & Regulations | USDA

Provisions Incorporated by Reference

(xvi) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (NOV 2021)

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds

"does" in paragraph (d)(2) of this section.

(xvii) FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP

2023)

Addenda to provision FAR 52.212-1:

FAR 52.201-1 Acquisition 360: Voluntary Survey (SEP 2023)

FAR 52.204-7 System for Award Management (OCT 2018)

FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures

(Dec 2023)

FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals Representation

(DEC 2016)

Addenda to Provision FAR 52.212-1:

For simplified acquisitions, the word quote or quoter is substituted in provision FAR 52.212-1 for the word offer or offeror.

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/agar https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://www.usda.gov/da/ocp/ppd/policies-regulations

Addenda to Provision FAR 52.212-1 paragraph (b) Submission of Offers:

AT A MINIMUM, QUOTER SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK

WITH THEIR RESPONSE TO THIS SOLICITATION

1. Schedule of Items (including Quoter’s Company Information) (Page 1).

2. Any amendment that may be issued.

3. 52.204-24 (d) Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (Page 23).

4. 52.212-3(b)(2) Offeror Representations and Certifications – Commercial Products and

Commercial Services (Page 24).

6. Technical Response as Identified in Evaluation Factors for Award. (See Evaluations Commercial Items Page(s) 25).

1) Quoters must have an active entity registration in the System for Award Management to submit a quote. https://www.sam.gov/SAM/

2) Submit quotes by email to the contract specialist’s email address listed in section (xxii) so that it is delivered into this inbox by the due date and time. Emails should be in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the quoter’s responsibility to confirm receipt of the quote from the contract specialist.

3) Address questions about this solicitation to the contract specialist listed in section (xxii). The deadline for questions about this solicitation is 09/25/2024 by 10:00 AM MT.

Addenda to Provision FAR 52.212-1 paragraph (f) Late submissions:

Any quote, modification, revision, or withdrawal of a quote received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition.

(xviii) FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial

Services (MAY 2024)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and

Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR

52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR

4.1201), except for paragraphs ______________.

https://www.sam.gov/SAM/ http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

Provisions Incorporated by Full Text

(xix) FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

Factor #1 – Technical Capability: In order to be considered for award, quote must at a minimum demonstrate that the aggregate specifications listed in this solicitation are met by submitting with their quote aggregate information specified in the description.

Factor #2 – Ability to Meet Delivery Date: In order to be considered for award, quote must indicate ability to deliver by the date listed in this solicitation or in the event you are unable to deliver by this date, the earliest possible delivery date (see schedule of items and section (vii)).

Factor #3 – Past Performance: The Government will use past performance information obtained from other than the sources identified by the quoter. Information obtained from the Past Performance

Information Retrieval System (PPIRS) database located at http//www.ppirs.gov is one of the sources that will be utilized. PPIRS functions as the central warehouse for performance assessment reports received from several Federal performance information collection systems and is sponsored by the DOD E-

Business Office and administered by the Naval Sea Logistics Center Detachment Portsmouth.

NOTE: In accordance with FAR 15.305 (a)(2)(iv)), in the case of a quoter without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” will be considered “acceptable.” Ratings of less than satisfactory for furnishing of similar items within the last three years, may result in removal of consideration from award.

Factor #4 – Price: Award will be made to the quoter whose quote represents the best value to the government.

Technical, Delivery, and Past Performance, when combined, are equal in importance to Price

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

(xx) FAR 52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(xxi) Date, Time, and Place Offers are due

Quotes are due at the contract specialist’s email address in section (xxii) by 10:00 AM MT on 09/27/2024. It is the quoter’s responsibility to confirm delivery of their quote with the contract specialist. Be aware that large attachments may increase the time that it takes to deliver an email.

(xxii) Government Point of Contact Whit Fausett Contract specialist arlen.fausett@usda.gov mailto:arlen.fausett@usda.gov