1240LT21Q0064.pdf

1240LT21Q0064

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

07/13/2021 1036482

1 47

324 25TH ST

OGDEN UT 84401-2310

USDA-FS CSA INTERMOUNTAIN 8

Multiple

SOUTH PARK RANGER DISTRICT

320 HWY 285

FAIRPLAY

CO 80440

208 557-5766KELLIE SHAW

08/13/2021 1300 MT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

MCQUAID FENCE CONSTRUCTION PROJECT

South Park Ranger District Pike-San Isabel National Forest Park County, Colorado Period of Performance: 09/01/2021 to 09/30/2022

0001 Fence removal 5280 LF

Delivery: 09/30/2022

0002 Fence construction, 4-strand barbed wire 5280 LF (Government-supplied materials)

Delivery: 09/30/2022

0003 Option 1 Fence removal 36960 LF 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 47

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

1240LT21Q0064

(Option Line Item)

Delivery: 09/03/2022

0004 Option 2 Fence construction, 4-strand barbed wire 36960 LF

(Government-supplied materials) and right-of-way clearing

(Option Line Item)

Delivery: 09/30/2022

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

Solicitation No: 1240LT21Q0064 McQuaid Fence Project

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

MCQUAID FENCE CONSTRUCTION PROJECT

South Park Ranger District

Pike-San Isabel National Forest Park County, Colorado

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.”

Quoter’s shall submit a quote for all Items in the Schedule of Items. Failure to comply with the instructions may render your quote nonresponsive and ineligible for contract award.

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

B.1 SCHEDULE OF ITEMS

BASE ITEMS

Item Supplies/Services Qty Unit of Issue

Method of Measure

Unit Price

Total Price

001 Fence Removal 5,280 LF AQ $ $ 002 Fence Construction, 4-strand barbed wire (Government supplied materials) and right-of-way clearing

5,280 LF AQ $ $

TOTAL BASE ITEMS $

OPTIONAL ITEMS

Item Supplies/Services Qty Unit of Issue

Method of Measure

Unit Price

Total Price

003 Option 1 – Fence Removal 36,960 LF AQ $ $ 004 Option 2 – Fence

Construction, 4-strand barbed wire (Government supplied materials) and right-of-way clearing

36,960 LF AQ $ $

TOTAL OPTIONAL ITEMS $

B.2: Quote on all items. Only quotes to the nearest cent will be accepted.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the quoter specifies otherwise in the quote.

B.3 Optional Items

The Government will evaluate offers for award purposes by adding the total price offered for any Base Items (Items 001 and 002) and Optional Items (Items 003 and 004) proposed. Evaluation of base and optional items will not obligate the Government to award the items. Award of base items will depend on availability of funds at time of award. For award of optional items, see clause I-3 FAR clause 52.217-7.

The Government reserves the right to exercise optional item for a quantity less than the quantity identified, at the cost or prices offered.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This work consists of the removal of and construction of 8 miles of 4-strand barbed wire fence with high visibility wire and right-of-way clearing. The base items for the project are to remove and construct 1 mile. Optional items are for additional linear feet of removal and construction of new 4-strand barbed wire fence to exercise as funding allows.

C.2 PROJECT LOCATON

Project is located 10 miles south of Fairplay, CO on US Highway 285, then 1.5 west on CR 22.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The total estimated dollar value of the procurement (base and all options) is between $100,000 and $250,000.

C.4 FENCE REMOVAL SPECIFICATIONS

Roll up and remove old fence materials. Wooden portions of the fence such as wood stays may be scattered away from the fence line, as described for slash removal and scatter. Wire, metal stays, clips, and bent or broken t-posts will be removed and disposed of by the contractor.

C.5 FENCE CONSTRUCTION SPECIFICATIONS

The Forest Service will provide the following fence materials: barbed wire, smooth wire, steel or wood brace posts, cross posts and/or downbraces, hardware, wood or metal stays, stay wire, and fence clips. The contractor shall provide any other miscellaneous materials needed. All materials used will be new.

All Forest Service-provided fence materials will be issued to the contractor by Forest Service personnel. Materials become the responsibility of the contractor after issue and shall be replaced by the contractor if they are lost or stolen. Any material left over after completion of the project will be returned to the Forest Service personnel that issued the material.

When the fence has been installed, the general area shall be cleaned up to present a finished appearance. All debris and material not utilized shall be removed.

4-Strand Barbed Wire Fence with High-Visibility top wire specifications o Metal line T-posts will have 48 inches remaining above ground. Straddle jack braces and/or rock crib/wire crib/ or rock drill may be used, where it is not possible to dig or drive posts. Contractor will provide rock drill, straddle jacks and rock/ wire/wood cribs if needed.

o Wire spacing will be determined on a project by project basis. In narrow depressions, more wires may need to be added to achieve the desired bottom or top wire height.

Weights will be attached to fence in low spots to prevent lift of t-posts. All wires shall be tight. Typical spacing of wires will be 16” off the ground for the bottom wire, 24” off the ground for the next wire up, 32” off the ground for the 3rd wire up, and 42” for the top wire. Fences will not be taller than 42" to accommodate wildlife crossing.

o Top wire will be high-visibility, white, poly-coated wire installed in place of the usual top barbed wire strand. Wire will be stretched and attached to fence the same as barbed wire.

o Line post spacing will typically be 18 feet (but could vary some dependent upon terrain, etc.) with two stays (stay material determined on a project by project basis) evenly spaced between and secured to each wire strand. The stays must be perpendicular to wire strand. The spacing of T-posts shall not be greater than specified in each task order but may be closer to maintain the specified bottom wire distance to the ground or the specified top wire height.

o Stretch braces will be installed at the end of each quarter mile as a minimum.

Additional braces will be installed as dictated by terrain or fence direction changes. All stretch and corner brace posts shall be in the ground a minimum of 36 inches in depth and shall be solidly placed (i.e. no movement). Braces will consist of 8-foot vertical posts and 6-foot cross (horizontal) posts. All braces not 180 degrees (straight in line) with the fence shall either have a counterweight or an angled downbrace installed to prevent the brace posts from being pulled out of the ground. [Number of braces needed and brace material (wood or metal) will vary by project] o No trees (live or dead) will be substituted for posts in the construction of the fence.

No wire shall be attached directly to a tree.

o Gates shall be installed at each road crossing and to tie into one side of cattleguards.

Gates will range from 16-24 feet wide based on road construction specifications, uses and widths. Gates for livestock/ATV movement only will be 12 feet wide. All gates will be built as 4 strand wire gates with stays. (Number of gates will vary for each project but typically average 2 gates per mile).

C.6 Inspection of Worksite 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.7 Recycling and Disposal of Refuse With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government, all refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor and shall be recycled and/or disposed of. All disposals shall be in accordance with federal, state, and local laws and regulations. No disposal, viewing or sale of materials and/or equipment shall be allowed on Government property.

C.8 Safety During the execution of this contract, the Contractor shall conform to the rules and regulations as set forth by OSHA Safety and Health Standards, 29 CFR Part 1926 - Safety and Health Regulations for Construction. Smoking will not be permitted in any building or structure.

C.9 Field Work Notice The project area is located in the South Park Ranger District on the Pike-San Isabel National Forest. The contractor will be working in remote areas and will be exposed to natural conditions including, but not limited to, traveling over uneven and rocky terrain, encounters with bears and other wildlife, and inclement weather. The contractor is responsible for ensuring that all employees are trained and have proper safety equipment prior to commencing work in the project area.

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) 52.242-14 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 September 30, 2022. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 Post Award Conference A post award conference with the successful offeror is required. It will be scheduled and held after contract award. The conference will be held at a location to be determined.

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

52.203-19 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) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 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) 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) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

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) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020) 52.222-62 Paid Sick Leave under Executive Order 13706 (Jan 2017) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013) 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) 52.232-17 Interest (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) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984)

52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (NOV 2020) (DEVIATION APR 2020) 52.245-1 Government Property (JAN 2017) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 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) 452.236-73 Archeological or Historic Sites (FEB 1988) 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 by July 15, 2022.

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_________________________

(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 52.228-11 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.

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

(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.

I.5 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.6 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].

(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.7 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.8 452.228-71 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.

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

SECTION J--LIST OF ATTACHMENTS

J.1 Wage Rate Decision No. CO20210006 dated 01/01/2021

J.2 Project Maps - See separate attached documents. The following maps are a part of this solicitation and any resulting contract.

Map 1 - Project Vicinity Map Map 2 – Project Area Map

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

Page 1 – 4-Strand Barbed Wire Fence with High-Visibility Top Wire

Staple Detail Page 2 – Corner Brace Construction

H-Brace/Line Brace Construction Page 3 – Gate Brace Construction for Wire Gates

J.1 Wage Rate Decision "General Decision Number: CO20210006 01/01/2021

Superseded General Decision Number: CO20200006

State: Colorado

Construction Type: Highway

Counties: Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson and Park Counties in Colorado.

HIGHWAY CONSTRUCTION PROJECTS

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

* ELEC0111-003 03/01/2020

Rates Fringes

ELECTRICIAN (Traffic Signalization Only) Clear Creek.................$ 32.35 16.75%+6.58

ENGI0009-010 05/01/2020

Rates Fringes

POWER EQUIPMENT OPERATOR:

(3)- Drill Rig Caisson (smaller than Watson 2500 and similar)................$ 30.37 11.15 (4)-Crane (50 tons and under) Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin Counties............$ 30.20 11.15 (4)-Scraper (single bowl, under 40 cu. yd)............$ 30.20 11.15 (5)-Crane (51-90 tons) Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin Counties............$ 30.47 11.15 (5)-Drill Rig Caisson (Watson 2500 similar or larger), Scraper (40 cu.yd and over),..................$ 30.37 11.15 (6)-Crane (91-140 tons) Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin Counties............$ 31.55 11.15

SUCO2011-001 09/15/2011

Rates Fringes

CARPENTER

Excludes Form Work Adams......................$ 16.61 3.88 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park....$ 19.27 5.08 Form Work Only Adams......................$ 16.78 3.57 Broomfield, Clear Creek, Elbert, Gilpin.............$ 19.11 5.46 Jefferson..................$ 16.88 3.81 Park.......................$ 17.28 5.38

CEMENT MASON/CONCRETE FINISHER

Adams.......................$ 16.05 3.00 Arapahoe....................$ 18.70 3.85 Broomfield, Clear Creek, Elbert, Gilpin..............$ 18.37 3.00 Jefferson...................$ 18.02 3.42 Park........................$ 17.09 2.85

ELECTRICIAN

Excludes Traffic Signal Installation Adams......................$ 31.00 14.01 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park....$ 35.13 6.83 Traffic Signalization Electrician Adams, Arapahoe, Broomfield, Elbert, Gilpin, Park...............$ 27.25 7.10 Jefferson..................$ 26.78 5.44 Traffic Signalization Groundsman Adams......................$ 13.96 2.80 Araphaoe, Broomfield, Elbert, Gilpin, Park.......$ 15.24 3.81 Clear Creek................$ 15.70 2.14 Jefferson..................$ 15.19 4.72

FENCE ERECTOR....................$ 13.02 3.20

FORM WORKER

Arapahoe....................$ 15.30 3.90

GUARDRAIL INSTALLER

Adams.......................$ 12.89 3.45 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park.....$ 12.89 3.20

HIGHWAY/PARKING LOT

STRIPING:Painter Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park........$ 12.62 3.21 Jefferson...................$ 14.21 3.21

IRONWORKER, REINFORCING

Adams.......................$ 22.14 0.77 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson...........$ 16.69 5.45 Park........................$ 19.98 2.89

IRONWORKER, STRUCTURAL...........$ 18.22 6.01

LABORER

Asphalt Raker Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson..$ 16.29 4.25 Park.......................$ 17.41 1.86 Asphalt Shoveler............$ 21.21 4.25 Asphalt Spreader............$ 18.58 4.65 Common or General Adams......................$ 16.29 4.25 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin.....................$ 16.67 4.27 Jefferson..................$ 16.51 4.27 Park.......................$ 15.64 2.46 Concrete Saw (Hand Held) Adams......................$ 16.29 5.20 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park....$ 16.29 6.14 Landscape and Irrigation Adams, Arapahoe, Broomfield, Elbert, Gilpin, Jefferson, Park....$ 12.26 3.16 Clear Creek................$ 14.98 3.16 Mason Tender- Cement/Concrete Adams......................$ 17.71 2.83 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin.....................$ 16.96 4.04 Jefferson..................$ 16.29 4.25 Park.......................$ 15.08 3.10 Pipelayer...................$ 13.55 2.41 Traffic Control (Flagger) Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin.............$ 9.55 3.05 Jefferson..................$ 9.73 3.05 Park.......................$ 9.42 3.21 Traffic Control (Sets Up/Moves Barrels, Cones, Install Signs, Arrow Boards and Place Stationary Flags) (Excludes Flaggers) Adams, Arapahoe, Broomfield, Elbert, Gilpin, Jefferson..........$ 12.43 3.22 Clear Creek................$ 13.14 3.20 Park.......................$ 12.76 3.20

PAINTER (Spray Only).............$ 16.99 2.87

POWER EQUIPMENT OPERATOR:

Asphalt Laydown Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson..$ 22.67 8.75 Park.......................$ 22.67 8.72 Asphalt Paver...............$ 24.97 6.13 Asphalt Roller Adams......................$ 24.20 7.70 Arapahoe...................$ 22.68 8.72 Broomfield, Clear Creek, Elbert, Gilpin.............$ 23.41 7.67 Jefferson..................$ 22.84 7.69 Park.......................$ 22.84 8.72 Asphalt Spreader Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park.......$ 22.67 8.67 Jefferson..................$ 23.34 8.06

Backhoe/Trackhoe Adams......................$ 20.31 4.24 Arapahoe...................$ 24.59 6.24 Broomfield, Clear Creek, Elbert, Gilpin.............$ 22.19 6.48 Jefferson..................$ 21.99 5.60 Park.......................$ 20.81 6.58 Bobcat/Skid Loader Adams, Broomfield, Clear Creek, Elbert, Gilpin......$ 15.37 4.28 Arapahoe...................$ 18.23 4.28 Jefferson..................$ 16.85 4.28 Park.......................$ 22.46 0.00 Boom........................$ 22.67 8.72 Broom/Sweeper Adams, Broomfield, Clear Creek, Elbert, Gilpin, Park.......................$ 22.70 8.07 Arapahoe...................$ 22.67 8.73 Jefferson..................$ 22.18 8.36 Bulldozer Adams......................$ 25.20 6.72 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park....$ 26.90 5.59 Concrete Pump...............$ 21.60 5.21 Crane Adams, Park................$ 22.82 8.72 Jefferson..................$ 23.55 6.68 Drill Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park.......$ 20.48 4.71 Jefferson..................$ 20.65 5.74 Forklift....................$ 15.91 4.68 Grader/Blade Adams......................$ 23.94 8.23 Arapahoe...................$ 22.67 8.72 Broomfield, Clear Creek, Elbert, Gilpin, Park.......$ 23.90 7.93 Jefferson..................$ 23.28 7.73 Guardrail/Post Driver.......$ 16.07 4.41 Loader (Front End) Adams......................$ 23.09 8.72 Arapahoe...................$ 26.80 4.84 Broomfield, Clear Creek, Elbert, Gilpin.............$ 23.20 8.33 Jefferson..................$ 23.06 7.76 Park.......................$ 22.67 8.72 Mechanic Adams......................$ 22.82 8.72 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park...............$ 24.04 7.35 Jefferson..................$ 23.56 8.72

Oiler Adams, Jefferson...........$ 21.97 8.72 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park...............$ 23.73 8.41 Roller/Compactor (Dirt and Grade Compaction) Adams......................$ 16.70 3.30 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson..........$ 20.30 5.51 Park.......................$ 16.52 3.13 Rotomill....................$ 16.22 4.41 Screed Adams......................$ 27.89 3.50 Arapahoe...................$ 22.67 8.72 Broomfield, Clear Creek, Elbert, Gilpin.............$ 24.67 6.02 Jefferson..................$ 22.64 8.43 Park.......................$ 20.36 3.04 Tractor.....................$ 13.13 2.95

TRUCK DRIVER

Distributor Adams......................$ 15.80 5.27 Arapahoe...................$ 19.62 5.27 Broomfield, Clear Creek, Elbert, Gilpin, Park.......$ 18.19 5.27 Jefferson..................$ 19.46 6.04 Dump Truck Adams......................$ 16.68 5.27 Arapahoe...................$ 18.94 5.27 Broomfield, Clear Creek, Elbert, Gilpin.............$ 16.47 5.27 Jefferson..................$ 16.97 4.78 Park.......................$ 15.40 3.21 Lowboy Truck Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park.......$ 17.25 5.27 Jefferson..................$ 19.80 6.42 Mechanic....................$ 26.48 3.50 Multi-Purpose Speciality and Hoisting Truck Adams, Broomfield, Clear Creek, Elbert, Gilpin, Park.......................$ 17.49 3.17 Arapahoe...................$ 15.79 2.48 Jefferson..................$ 15.13 3.89 Semi/Trailer Truck Adams, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park............$ 18.39 4.13 Arapahoe...................$ 16.00 2.60 Single Axle (Includes

Pickup and Pilot Car) Adams, Jefferson...........$ 13.93 3.68 Arapahoe...................$ 15.10 3.77 Broomfield, Clear Creek, Elbert, Gilpin, Park.......$ 14.74 3.68 Truck Mounted Attenuator....$ 12.43 3.22 Water Truck Adams......................$ 17.50 5.19 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park...............$ 19.36 4.07 Jefferson..................$ 17.57 5.27

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.