1240LT23C0053 - Wilson Park Gravel Pit Expansion (28 Pages).pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1102977

USDA-FS CSA INTERMOUNTAIN 8

324 25TH ST

OGDEN UT 84401-2310

40LT

LONNIE ROOT

LONNIE.ROOT@USDA.GOV

WESTLEY BISSON

WESTLEY.BISSON@USDA.GOV

WESTLEY BISSON 605-431-0135

1240LT23Q0119

1240LT23C0053

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

ALL DOCUMENTS CONTAINED HEREIN.

11. The Contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 65 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

3B ENTERPRISES LLC

ATTN STEVE BAKER

PO BOX 1665

PO BOX 1665

CRAIG CO 81626

1107895627#

2PAGE OF

See schedule

USDA-FS CSA INTERMOUNTAIN 8

324 25TH ST

OGDEN UT 84401-2310

40LT

INVOICE PROCESSING PLATFORM IPP

ALL INVOICES MUST BE SUBMITTED

ELECTRONICALLY THROUGH THE

INVOICE PROCESSING PLATFORM IPP

VIA WWW IPP GOV

LONNIE D. ROOT

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)x x

STANDARD FORM 1442 (REV. 8/2014) BACK

$259,000.00

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 28

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

3B ENTERPRISES LLC

1240LT23C0053

PROJECT NAME: WILSON PARK GRAVEL PIT EXPANSION

DESCRIPTION OF WORK: This project will result in the clearing and grubbing of approximately 2 acres of land, conserving topsoil, topping, limbing, bucking, piling slash, and decking logs over 8¿ diameter breast height (DBH). Soil erosion and pollution control work will be performed. The existing gravel pit will be expanded from approximately 0.8 acres to 2.8 acres, and approximately 27,713 tons of aggregate road base materials will be produced and stockpiled using crushing and screening methods.

One gate will be installed on the ingress/ egress road to the pit. Interim reclamation of the pit excavation and disturbed areas, including turf establishment will be completed prior to final acceptance. See the Plans and specifications

(attached in section J) for additional details.

LOCATION: From the Blanco ranger district office

(Blanco ranger district, 220 E. Market St., Meeker, CO 81641), travel east on CO-13 / highway

13 toward Shaman trail for 2.2 miles. Bear right onto County Road 15 for 9.8 miles. Turn left to stay on county road 15 for 1.2 miles. Turn right onto Yellowjacket Pass Stock Dr./ Forest Road

250.2 for 4.2 miles. The gravel pit is located off National Forest System Road (NFSR) 252.1

(Aldrich-Wilson Park), approximately 0.18 miles

North-West of the intersection of NFSR 250.2

(East Beaver/Yellow Jacket) at about 9,000 feet elevation. The coordinates of the gravel pit in decimal degrees are, 40.136080°, -107.681427. See the project drawings for additional location details.

CONTRACTOR ACCEPTANCE

1) Work shall be completed in accordance with the attached Statement of Work and all terms and conditions identified herein.

2) Base items are being awarded.

The terms and conditions of this contract are hereby accepted.

3B ENTERPRISES, LLC DATE

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 28

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

3B ENTERPRISES LLC

1240LT23C0053

Delivery: 10/15/2024

Delivery Location Code: 82D7

WHITE RIVER NATIONAL FOREST

900 GRAND AVENUE

GLENWOOD SPRINGS CO 81601 US

Period of Performance: 09/25/2023 to 10/15/2024

0001 Road and Bridge Construction and Maintenance IDIQ 259,000.00

Wilson Park Gravel Pit Expansion

Product/Service Code: 3820

Product/Service Description: MINING, ROCK

DRILLING, EARTH BORING, AND RELATED EQUIPMENT

Accounting Info:

FMMI Account: FS00.0215RICW3313 BOC: 2591

Funded: $248,438.00

Accounting Info:

FMMI Account: FS00.0215NITX7122 BOC: 2591

Funded: $10,562.00

The total amount of award: $259,000.00. The obligation for this award is

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

Sponsored by GSA

FAR (48 CFR) 53.110

Award No: 1240LT23C0053 Wilson Park Gravel Pit Expansion

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 Schedule of Items

B-2 Notes

B-3 Note:

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of the Contract

C-2 Project Location

C-3 Price Range

C-4 Pre-Bid/ Pre-Proposal Conference

C-4 Applicable Specifications and Material Certifications Listed

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

G-1 Government-Furnished Property

G-2 Post Award Conference (AGAR 452.215-73)(Nov 1996)

G-3 Designation of Contracting Officer’s Representative

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 Safety

H-2 Suspensions for Other Than Government’s Convenience

H-3 Use of Premises

H-4 Access

H-5 Key Personnel

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 Schedule of Items

Base Item 1: Wilson Park Gravel Pit Expansion

Item No. Description Pay Unit Estimated Quantity Unit Price Total Price

15101 Mobilization Lump Sum 1 $30,000.00 $30,000.00

15713 Soil Erosion & Pollution Control

Lump Sum 1 $30,000.00 $30,000.00

31402 Stockpiled aggregate, Grading C (Base) Ton* 20000 $8.35 $167,000.00

61902 Gate, stockyard gate with steel posts (16 FT.) Each 1 $2,000.00 $2,000.00

62502 Turf establishment Acre 2 $15,000.00 $30,000.00

TOTAL $259,000.00

B-2 Notes

1. The quantity ordered against the base items will be dependent upon pricing and funding available at the time of award. Partial quantities from the base item may be ordered.

2. Pay units marked * are contract quantities.

3. Construction equipment shall be clean and free of leaks prior to entering National Forest Lands, in addition, construction equipment operating in known areas of noxious weed infestations shall be cleaned prior to leaving the area. Cleaning of this equipment is an indirect cost of all work and will not be compensated as a separate pay item.

4. Work for item 31402 includes:

a. Producing aggregate by screening or crushing methods.

b. Establish and prepare stockpile sites at locations approved by the CO and shown on the

Plans.

c. Handle and stockpile according to section 314 and the Plans.

d. Clear, grub, and dispose of slash according to FP-14 and FSSS sections 201, 203, and the

Plans.

e. Conserve topsoil in accordance with FSSS section 204.05 and the Plans. Place topsoil in accordance with FP-14 section 624 and the plans.

f. Acceptance and sampling according to FP-14 Section 703.05. Grading designation under

FP-14 Table 703-2, Grading C (Base).

5. Work for item 15713 includes:

a. Soil erosion, pollution, dust control, and interim reclamation of the pit, this work shall be performed in accordance with FP-14 and FSSS section 157 and the plans.

6. Construction and Traffic Signing (FSSS 156) is indirectly included in item 15101.

7. Developing water supply and watering is indirectly included in item 31402. Water sources are to be designated and approved by the COR prior to use.

B-3 Note:

Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 15101 Mobilization.

Payment will be made on actual work performed as described in FP 14 109.02 unless otherwise noted.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of the Contract

This project consists of the following major items of work on the Blanco Ranger District:

• Mobilization

• Gate installation

• Clearing and grubbing, conserving topsoil, piling slash, decking logs 8” DBH and over

• Soil erosion and pollution control work

• Produce and stockpile Class C Aggregate Road Base (FP-14 table 703-2)

• Pit reclamation

• Turf establishment This project will result in the clearing and grubbing of approximately 2 acres of land, conserving topsoil, piling slash, and decking logs over 8” diameter breast height (DBH).

Soil erosion and pollution control work will be performed. The existing gravel pit will be expanded from approximately 0.8 acres to 2.8 acres, and approximately 20,000 tons of aggregate road base materials will be produced and stockpiled using crushing and screening methods. The Government may order additional stockpiled aggregate as funding allows (see option item 1). One gate will be installed on the ingress/ egress road to the pit. Interim reclamation of the pit excavation and disturbed areas, including turf establishment will be completed prior to final acceptance. See the Plans and specifications (attached in section J) for additional details.

C-2 Project Location From the Blanco ranger district office (Blanco ranger district, 220 E. Market St., Meeker, CO 81641), travel east on CO-13 / highway 13 toward Shawman trail for 2.2 miles. Bear right onto County Road 15 for 9.8 miles. Turn left to stay on county road 15 for 1.2 miles. Turn right onto Yellowjacket Pass Stock Dr./ Forest Road 250.2 for 4.2 miles. The gravel pit is located off National Forest System Road (NFSR) 252.1 (Aldrich-Wilson Park), approximately 0.18 miles North-West of the intersection of NFSR 250.2 (East Beaver/Yellow Jacket) at about 9,000 feet elevation. The coordinates of the gravel pit in decimal degrees are, 40.136080°, -107.681427. See the project drawings for additional location details.

C-3 Price Range

The Government’s estimate for the base item and all options is between $100,000 and $300,000.

C-4 Pre-Bid/ Pre-Proposal Conference

A. The Government is planning a pre-bid/pre-proposal conference, during which potential offerors may obtain a better understanding of the work required.

B. Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference. Questions will be considered at any time prior to or during the conference; however, offerors will be asked to confirm verbal questions in writing.

Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and answers, and a list of attendees, will be disseminated.

C. In order to facilitate conference preparations, it is requested that the person named on the Standard Form 33 of this solicitation be contacted and advised of the number of persons who will attend.

D. The Government assumes no responsibility for any expense incurred by an offeror prior to contract award.

E. Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer.

The conference will be held:

Date: September 7th, 2023

Time: 9 AM (MT)

Location: Telephone conference call: +1 202-650-0123,,60444708# Phone Conference ID: 604 447 08#

OFFERORS ARE ENCOURAGED TO SEE THE SITE (OPEN TO PUBLIC) AND ATTEND THE VIRTUAL

CONFERENCE TO ASK QUESTIONS.

C-4 Applicable Specifications and Material Certifications Listed

1. Applicable Specifications

References to Standard Specifications in the contract refer to the FP-14, Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, or superseding document adopted by the Forest Service, attached by reference.

tel:+12026500123,,60444708

The Special Project Specifications (Forest Service Supplemental Specifications) are physically attached in Section J. All requirements contained on the Specification List are hereby made a part of this solicitation and any resultant contract.

Any modification of other items, designs, materials, products, or equipment (including Government-Furnished Property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

2. General Guidelines for Submittals:

Work requiring submittals shall not begin until submittals have been approved.

Submittals shall include:

Date and Revision Dates Project Name and Contract Number Names of Contractor, Subcontractor, Supplier, and Manufacturers Field Dimensions and Relation to Adjacent Structures Contractor's stamp, initialed or signed, certifying review of submittal, verification of field measurement and compliance with contract documents.

Samples:

Physical examples shall illustrate materials, equipment, or workmanship, and establish standards by which completed work shall be judged. Samples shall be of sufficient size and quantity to illustrate the functional characteristics of product or material, with integrally related parts and devices.

Manufacturer's requirements:

Supply manufacturer's catalog sheets or brochures with diagrams, schedules, or performance charts. Illustrations shall be clearly marked to identify pertinent materials or models, dimensions, and clearances required. Supplement standard drawings to provide information unique to this project.

Approval or Rejection Time Allowance:

Submittals will be reviewed and either approved or rejected within 7 calendar days of their receipt by the Contracting Officer or COR unless otherwise noted.

3. Material Certifications, Testing Reports & Other Submittals:

As required by the contract.

Brief Title Basic Reference

Detailed Requirements Section

Number Of Copies To Section

Allowable Time for Government Approval After Total Submittal (Days)

Project work schedule FAR 52.236-15 1 7 Traffic control plan FSSS 156 FSSS 156.03 1 7

Soil erosion and sediment control plan

FSSS 157

&AGAR

452.236-74 FSSS 157.04 1 7

Road oversize/overweight permit(s)

36CFR261.12

& H-4 1 7

Base Aggregate (Class C, FP-14 table 703-2) material sampling and testing

FP-14 703.05

and table 703.2, grading C

FP-14 703.05

and table 703.2, grading C 1 7

Gate and associated materials and appurtenances Plans, sheet 3 Plans, sheet 3 1 7 Fire plan J.3 1 7 Blasting Plan (if needed) FP-14, 205 FP-14, 205

Weekly certified payrolls

FAR 52.222-8

Payrolls and Basic Records 1 1

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 CORRESPONDENCE

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-1 Commencement, Prosecution, and Completion of Work (FAR 52.211-10) (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 65 days after the date the Contractor receives the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

Estimated start work date: June 21, 2024

Work will be allowed between June 21 and October 15th in the year the work is performed.

F-2 Schedule Within 7 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum work week is Monday through Friday, Sunup to Sundown, unless otherwise authorized in writing by the Forest Service, with the following conditions:

1. Road construction will be prohibited on federal holidays from noon the day before the holiday to midnight the day of the holiday.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 Government-Furnished Property

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract:

Grass Seed Mix – 50 Pounds

G-2 Post Award Conference (AGAR 452.215-73)(Nov 1996) A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award. The conference will be held at White River National Forest Supervisors Office located at 900 Grand Ave. Glenwood Springs, CO, or another Forest Service office agreed upon by both parties.

G-3 Designation of Contracting Officer’s Representative

1. The Contracting Officer will designate a Contracting Officer’s Representative (COR) at the time of award.

2. The COR is responsible for administering the performance of work under this contract.

In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

3. The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly.

(This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

4. On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits.

Proceeding with work without proper coverage could result in nonpayment or necessitate submittal of contract claim.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 Safety

Data and information furnished or referred to below is for the contractor’s information. The government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the contractor. This list shall not be deemed to be all-inclusive. The contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

The following checked activities have been identified by the government as potential safety hazards:

[ ] Confined space entry.

[X] Temporary excavation/deep trenching/slope stability.

[X] Tree falling.

[X] Fall hazard from work heights exceeding 6 feet.

[ ] Blasting.

[X] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[X] Heavy equipment operation.

[ ] Tree climbing and/or tower climbing.

[X] Fire hazards.

[X] Hazardous materials handling.

[X] Electrical hazard.

[X] Hydraulic and/or pneumatic and/or other high-pressure hazards.

[X] Mechanical hazards such as pulleys, springs, etc.

[X] Other:

H-2 Suspensions for Other Than Government’s Convenience

1. The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242- 14, Suspension of Work, and shall not qualify for equitable adjustment.

H-3 Use of Premises

1. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

2. A storage site WILL be permitted within the project area.

3. Permanent and temporary electrical power is NOT available on site for construction use.

4. Sanitary facilities ARE NOT REQUIRED. Potable and non-potable water is to be provided by the Contractor.

H-4 Access

1. The Contractor is authorized to use roads that are part of the construction project and those Forest Service Roads designated below for performance of work under this contract.

Forest Roads 250.2, 252.1

2. Load Limits – All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, overwidth permits (80,000 GVWR max on all National Forest System Roads without overload permit).

3. Coordinate planned transport and delivery dates with the Contracting Officer and

Contracting Officers Representative. The Contractor shall notify the Contracting Officer a minimum of three (3) working days before transporting any material.

4. Contractor shall close the quarry access roads, and may temporarily close other roads necessary, for blasting operations (if required). The contractor shall keep all other Forest Roads open to all traffic. Unexpected road closures shall be reported to the CO immediately.

H-5 Key Personnel

1. The following individuals are considered to be essential to the successful performance of the work hereunder:

*Insert sub-contractor and/or names of employees below:

The contractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs (2) and (3) of this section.

2. If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.

3. Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution. The contracting officer and the project officer shall evaluate the contractor's request and the contracting officer shall promptly notify the contractor of his or her decision in writing.

4. If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate. If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

*To be incorporated into any resultant contract

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 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 (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021) 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 (MAR 2023) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY

2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 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 https://www.usda.gov/da/ocp/ppd/policies-regulations

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) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (MAY 2022) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN

2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 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 (DEC 2022) 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) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 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) 52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Products and Commercial Services (JUN 2023) 52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 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) 452.236-70 Additive or Deductive Items (FEB 1988) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological 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)

52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

(a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L.

117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

52.225-9 Buy American Act-Construction Materials (OCT 2022)

(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 product (as defined in paragraph (1) of the definition of “commercial product” 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.

https://www.acquisition.gov/far/part-2#FAR_2_101

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

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 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. 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 component 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.

https://www.acquisition.gov/far/part-25#FAR_25_105

(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 product 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.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) 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;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, 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 plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505 that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(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…