1240LT21Q0042_RFQ.pdf

1240LT21Q0042

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

06/04/2021 1033225

1 48

324 25TH ST

OGDEN UT 84401-2310

USDA-FS CSA INTERMOUNTAIN 8

10/31/2021

CARIBOU NATIONAL FOREST

250 S 4TH AVENUE

POCATELLO

ID 83201

208 557-5766KELLIE SHAW

07/06/2021 1300 MT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Cherry Springs Asphalt Trail Caribou-Targhee National Forest, Westside Ranger District Bannock County, Idaho Period of Performance: 07/30/2021 to 10/31/2021

0001 FY21 GAOA 4Ah: Cherry Springs Asphalt Trail.

BASE ITEMS

Delivery: 10/31/2021

0002 57-GAOA; 4AH; Option 1 (South Trail) (Option Line Item) Product/Service Code: Y1LB Product/Service Description: CONSTRUCTION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 48

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

1240LT21Q0042

Delivery: 10/31/2021

0003 57-GAOA; 4AH; Option 2 (Partial South Trail)

(Option Line Item)

Product/Service Code: Y1LB

Product/Service Description: CONSTRUCTION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery: 10/31/2021

0004 57-GAOA; 4AH; Option 3 (Gate & Signing)

(Option Line Item)

Product/Service Code: Y1LB

Product/Service Description: CONSTRUCTION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery: 10/31/2021

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

Solicitation No: 1240LT21Q0042 Project Name: Cherry Springs Asphalt Trail Project

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

This solicitation and any resulting contract is a firm-fixed price type of contract, which under the definition in FAR 16.202-1, “this type of contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.”

Prices on the Schedule shall reflect Contractor’s full cost for materials, labor, supervision, overhead costs, and incidental items.

Base (North Trail & Parking) Item Supplies/Services Qty Unit of

Issue Unit Price Total Price

151.01 Mobilization 1 LS $ $

158.01 Watering for Dust Control 65 MG $ $

202.01 Selective Clearing and Grubbing

(Brushing)

.30 ACRE $ $

322.23 Haul & Place crushed aggregate

(Gradation D)

20 CY $ $

403.01 Haul, Place & Compact Asphalt

Concrete (Type II, 3/8 Inch Gradation, 2 Inch Depth)

165 TON $ $

412.01 Asphalt Tack Coat 80 SF $ $

414.01 Asphalt Crack Sealing and Filling 550 LF $ $

414.02 Asphalt Paving: Saw Cutting 80 LF $ $

635.01 Temporary Traffic Control 1 JB $ $

TOTAL AMOUNT QUOTED (Base Items) $

* Designated Method of Measurement:

MG= M-gallon; AC= Acre; CY= Cubic Yard; SF= Square Foot; LF= Linear Foot; JB= Job

Quote on all items. Only quotes to the nearest cent will be accepted

Option 1 (South Trail) Item Supplies/Services Qty Unit of

Issue Unit Price Total Price

158.01 Watering for Dust Control 20 MG $ $

202.01 Selective Clearing and Grubbing

(Brushing)

.40 AC $ $

322.23 Haul & Place crushed aggregate

(Gradation D)

10 CY $ $

403.01 Haul, Place & Compact Asphalt

Concrete (Type II, 3/8 Inch Gradation, 2 Inch Depth)

195 TON $ $

412.01 Asphalt Tack Coat 32 SF $ $

414.01 Asphalt Crack Sealing and Filling 100 LF $ $

414.02 Asphalt Paving: Saw Cutting 32 LF $ $

TOTAL AMOUNT QUOTED (Option 1 Items) $

Option 2 (South Trail Repair) Item Supplies/Services Qty Unit of

Issue Unit Price Total Price

158.01 Watering for Dust Control 20 MG $ $

202.01 Selective Clearing and Grubbing

(Brushing)

.40 AC $ $

322.23 Haul & Place crushed aggregate

(Gradation D)

10 CY $ $

403.01 Haul, Place & Compact Asphalt

Concrete (Type II, 3/8 Inch Gradation, 2 Inch Depth)

165 TON $ $

412.01 Asphalt Tack Coat 32 SF $ $

414.01 Asphalt Crack Sealing and Filling 100 LF $ $

414.02 Asphalt Paving: Saw Cutting 32 LF $ $

TOTAL AMOUNT QUOTED (Option 2 Items) $

Option 3 (Gate & Signing) Item Supplies/Services Qty Unit of

Issue Unit Price Total Price

619.05 Road Gate – 30 FT Double 1 EA $ $

633.01 Permanent Traffic Control 1 LS $ $

TOTAL AMOUNT QUOTED (Option 3 Items) $

* Designated Method of Measurement:

MG= M-gallon; AC= Acre; CY= Cubic Yard; SF= Square Foot; LF= Linear Foot; JB= Job

Quote on all items. Only quotes to the nearest cent will be accepted.

B.2 SCHEDULE NOTES

Any contract resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

B.3 OPTIONAL ITEMS

The Government will evaluate implementation of Option Items based on pricing received from this solicitation. If funding is available, either Option 1 or Option 2 may be awarded but not both.

Option 3 may be awarded if funding is available independent of Options 1 & 2.

SECTION C--DESCRIPTION/SPECIFICATIONS/

STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This project includes the placement of asphalt concrete overlay on the existing trails and parking area at Cherry Springs Nature Area. Items of work may include the removal and disposal of the existing asphaltic surfacing as marked by the FS, placement of crushed aggregate as marked by the FS, selective brushing as marked by the FS, asphalt crack sealing and filling as marked by the FS, installation of a new Stop sign and the fabrication and installation of a new access gate.

C.2 PROJECT LOCATON

The project is located on the Westside Ranger District of the Caribou-Targhee National Forests, Bannock County, Idaho. The Cherry Springs Nature Area is located along South Mink Creek Road, approximately 4.1 miles south of Pocatello, Idaho, (42.750873, -112.393604).

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The estimated price range is between $100,000 and $250,000.

C.4 TECHNICAL SPECIFICATIONS

C.4.1 SITE INFORMATION AND LIMITATIONS

A. The following site conditions are considered incidental to the contract and the contractor will not be paid directly for any of the following items:

1. Water and electricity are not available at the site. Toilet facilities may be available at the site for construction purposes if requested and approved by the CO. Access to the trail system is restricted to a width of 52 inches or less. Temporary trail bridge support systems shall be designed by a licensed engineer, reviewed and accepted by the CO and installed prior to any construction activities.

C.4.2 WORK CAMPS, STAGING AND STORAGE AREAS

A. Areas for staging operations and storage of materials shall be approved by the CO. The Contractor must request in writing for approval from the CO to stage trailers on site.

B. No overnight camping will be allowed on site.

C.4.3 INSPECTION OF WORKSITE

A. The contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.

C.4.4 START DATE

The approximate start work date for the project is July 31, 2021.

C.4.5 CONTRACT TIME

A. 90 Calendar Days

C.4.6 SPECIFICATIONS

A. FP-14 Supplemental Specifications are attached. Some sections in the schedule of items refer to other sections not listed and are subsidiary to or are included in payment for other pay items in this contract. These items are considered incidental and no additional compensation will be made.

C.5 452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.6 452.211-73 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.

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)

F.2 52.211-10 Commencement, Prosecution, and Completion of Work (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 not later than 90 days. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held within 14 days after the date of contract award. The conference will be held at a location to be determined and may be virtual.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 452.237-74 Key Personnel (FEB 1988)

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

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

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 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) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.203-7 Anti-Kickback Procedures (JUN 2020) Applicable only if awarded price exceeds

$150,000 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

Applicable only if awarded price exceeds $150,000 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (AUG 2020) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-28 Post Award Small Business Program Rerepresentation (NOV 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately

Specified Pricing Method) (AUG 2018) 52.222-35 Equal Opportunity for Veterans (JUN 2020) Applicable only if awarded price exceeds $150,000 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) Applicable only if awarded price exceeds $150,000 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) Applicable only if awarded price exceeds $150,000 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020) 52.222-62 Paid Sick Leave under Executive Order 13706 (Jan 2017) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (AUG 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

52.243-4 Changes (JUN 2007) Applicable only if awarded price exceeds $150,000 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (NOV 2020) (DEVIATION APR 2020) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)

(APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996) 452.236-72 Use of Premises (NOV 1996) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

I.2 52.217-7 Option for Increased quantity – Separately Priced Line Item (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 calendar days after the date of award.

I.3 52.225-9 Buy American Act-Construction Materials (FEB 2021)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item-

(1) Means any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at Federal

Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace;

and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.

The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means-

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States;

or

(ii) A construction material manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United

States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States.

Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

NONE

[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United

States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any

Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy

American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (dollars)* Item1:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

Item2:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

I.4 52.228-1 Bid Guarantee (SEP 1996) Applicable only if proposed price exceeds

$150,000

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds –

(1) To unsuccessful bidders as soon as practicable after the opening of bids, and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.5 52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION APR 2020)

(a) The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond -

(1)A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

(2) Standard Form 28, Affidavit of Individual Surety, [except that the words “being duly sworn, depose and say” on the Standard Form 28 are replaced with the word “affirm” and the Standard Form 28 is not required to be sworn and notarized in block 12].

(b)The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (b)(1) of this clause. Until completion of any warranty period, or for 90 days following final payment, whichever is later.

(c)A surety's assets pledged in support of a payment bond may be released to a subcontractor or supplier upon Government receipt of a Federal district court judgment, or a sworn statement by the subcontractor or supplier that the claim is correct along with a notarized authorization of the release by the surety stating that it approves of such release. The security interest on the individual surety's assets in support of a payment bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 which require performance and payment bonds (40 U.S.C. 3131). For 1 year following final payment, or until resolution of all pending claims filed against the payment bond during the 1-year period following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (c)(1) of this clause. For

90 days following final payment.

(d)The Contracting Officer may allow the Contractor to substitute an individual surety, for a performance or payment bond, after contract award. The Contractor shall comply with the requirements of paragraph (a) of this clause within the timeframe established by the Contracting Officer.

https://www.acquisition.gov/far/part-28#FAR_28_203_1

I.6 52.228-13 Alternative Payment Protections (JUL 2000)

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

(1) Payment Bond

(2) Irrevocable Letter of Credit (ILC)

(3) Tripartite escrow agreement

(4) Certificates of deposit.

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

(c) The submission of the payment protection is required within 14 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

I.7 52.228-15 Performance and Payment Bonds -- Construction (JUN 2020)

(DEVIATION APR 2020) Applicable only if award amount exceeds $150,000

(a)Definitions. As used in this clause -- “Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance Bonds (Standard Form 25, EXCEPT THAT A SEAL IS NOT REQUIRED). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A, EXCEPT THAT A SEAL IS NOT REQUIRED). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

https://www.acquisition.gov/far/part-28#FAR_28_102_1

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

I.8 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC

2013) (DEVIATION APR 2020)

(a)[(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor].

http://www.fms.treas.gov/c570/

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

I.9 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.

I.10 452.228-71 Insurance Coverage (NOV 1996) Alt 1 (NOV 1996) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

I.11 Order of Precedence--Construction Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the Specifications) (Sections A-H).

(b) The representations and other instructions (Sections K and L).

(c) Contract clauses (Section I).

(d) Special Project Specifications.

(e) General Specifications.

(f) Drawings and Exhibits (Section J).

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

J.1 Wage Rate Decision No. ID20210072 dated 04/02/2021

J. 2 Project Supplemental Specifications - See separate attached document. The following FS FP-14 supplemental specifications are a part of this solicitation and any resulting contract.

Section 101 – Terms, Format and Definitions Section 102 – Bid, Award and Execution of Contract Section 103 – Scope of Work Section 104 – Control of Work Section 105 – Control of Material Section 106 – Acceptance of Work Section 107 – Legal Relations and Responsibility to the Public Section 108 – Prosecution and Progress Section 109 – Measurement and Payment Section 153 – Contractor Quality Control Section 155 – Schedules for Construction Contracts Section 156 – Public Traffic Section 204 – Excavation and Embankment Section 301 – Untreated Aggregate Courses Section 302 – Minor Crushed Aggregate Section 407 – Chip Seal Section 409 – Micro Surfacing Section 412 – Asphalt Tack Coat Section 413 – Asphalt Pavement Milling Section 633 – Permanent Traffic Control Section 701 – Cement Section 703 – Aggregate Section 704 – Soil Section 705 – Rock Section 725 – Miscellaneous Material Bridge Support System Special Provision

J. 3 Project Drawings - See separate attached document. The following drawings are a part of this solicitation and any resulting contract.

Sheet 1 – Cover Sheet and Map Sheet 2 – Vicinity Map and Project Description Sheet 3 – Estimate of Quantities Sheet 4 – Typical Section Details Sheet 5 – Base Items Site Map and Schedule of Items Sheet 6 – Base Items Parking Details Sheet 7 – Option 1 Items Site Map and Schedule of Items Sheet 8 – Option 2 Items Site Map and Schedule of Items Sheet 9 – Option 3 Items Site Map, Schedule of Items and Sign Detail Sheet 10 – Option 3 Gate Detail 1 of 3: Fabrication Sheet 11 – Option 3 Gate Detail 2 of 3: Fabrication Details Sheet 12 – Option 3 Gate Detail 3 of 3: Installation Sheet 13 – Traffic Control Devices

J.1 Wage Rate Decision

"General Decision Number: ID20210072 04/02/2021

Superseded General Decision Number: ID20200072

State: Idaho

Construction Type: Heavy HEAVY CONSTRUCTION, Including water and sewer line construction and heavy construction projects on treatment plants and industrial (power plants, manufacturing plants, processing plants, etc.) sites

Counties: Bannock, Franklin and Power Counties in Idaho.

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/01/2021 1 04/02/2021

* ELEC0449-004 12/01/2020

Rates Fringes

ELECTRICIAN......................$ 32.84 15.88

ENGI0370-040 01/01/2019

Rates Fringes

POWER EQUIPMENT OPERATOR:

Blade Operator, Backhoe 3/4 yd-3 1/2 yd), Front End Loader (over 4 yds to and including 7yds), Oiler, Scraper (up to and including 40 yds)

GROUP 6....................$ 30.67 12.05

Bulldozer, Scraper (over 80 yds to 100 yds)

GROUP 8....................$ 31.27 12.05

Elevating Grader Operator, Backhoe (under 3/4 yd)

GROUP 5....................$ 30.50 12.05

Front End Loader (up to 4yd)

GROUP 4....................$ 30.33 12.05

Grader (Fine), Front End Loader (over 7 yds), Heavy Duty Mechanic, Scrapers (over 40 yds to 60 yds)

GROUP 7....................$ 31.04 12.05

Scraper (over 100 yds)

GROUP 10...................$ 31.75 12.05

ZONE PAY:

Zone 1 0 - 30 miles: Free Zone 2 30 - 60 miles: $30.00/per day Zone 3 More than 60 miles: $35.00/per day.

If a project is located in more than one zone the lower zone rate shall apply

ZONES SHALL BE MEASURED FROM THE THE FOLLOWING U.S. POST OFFICES:

BOISE: 304 N. 8TH STREET

TWIN FALLS: 253 2ND AVE. WEST

POCATELLO: CLARK STREET

IDAHO FALLS: 875 NORTH CAPITAL AVE.

LABO0238-033 06/01/2019

Rates Fringes

LABORER

General or Common...........$ 27.94 13.00

Zone Differential (Add to Zone 1 rates): Zone 2 - $2.00

BASE POINTS: Spokane

Zone 1: 0-45 radius miles from the main post office.

Zone 2: 45 radius miles and over from the main post office

* TEAM0983-002 01/01/2021

Rates Fringes

TRUCK DRIVER

GROUP 5A....................$ 28.56 15.45

GROUP 5B....................$ 28.74 15.45

GROUP 5C....................$ 28.97 15.45

GROUP 5D....................$ 28.08 15.45

GROUP 5E....................$ 29.71 15.45

GROUP 5F....................$ 30.15 15.45

GROUP DEFINITIONS:

GROUP 5A: Dump (0-16 yds) GROUP 5B: Dump (16-30 yds) GROUP 5C: Dump (30-50 yds) GROUP 5D: Dump (50-75 yds) GROUP 5E: Dump (75-100 yds) GROUP 5F: Dump (over 100 yds)

SUID2010-065 08/08/2012

Rates Fringes

CARPENTER (Form Work Only).......$ 23.92 9.03

CARPENTER, Excludes Form Work....$ 26.06 11.26

CEMENT MASON/CONCRETE FINISHER...$ 22.43 15.06

LABORER: Grade Checker..........$ 22.68 10.90

LABORER: Mason Tender - Cement/Concrete..................$ 22.15 10.15

TRUCK DRIVER: Water Truck.......$ 21.00 13.42

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

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis- Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

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

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the…