Amendment_0001.pdf

Amendment 0001, AG-05G1-S-16-0016, Barnaby Creek and South Sherman Creek Aggregate Placement, Page 1

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable) 0001 06/13/2016 804122

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

USDA Forest Service Colville National Forest 765 South Main Colville, WA 99114

Contracting Officer Colville National Forest 765 South Main Colville, WA 99114

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and ZIP Code) () 9A. AMENDMENT OF SOLICITATION NO.

AG-05G1-S-16-0016

Barnaby Creek and South Sherman Creek Aggregate Placement

X 9B. DATED (SEE ITEM 11)

5/27/2016

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, X is not ex-tended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

() A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN

THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, X is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible)

The purpose of this amendment is to change the completion date from September 20, 2016 to September 30, 2016.

It also provides clarification on the payment of truck drivers. See next page. Proposals remain due on June 27, 2016 at 3:00 p.m. This amendment must be acknolwedged.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Cathy VanAlyne

Contract Specialist

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY 6/13/2016

(Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Prescribed by GSA

FAR (48 CFR) 53

Amendment 0001, AG-05G1-S-16-0016, Barnaby Creek and South Sherman Creek Aggregate Placement, Page 2

Pen and Ink Changes:

Reference FAR 52.211-10 Commencement, Prosecution and Completion of Work (APR 1984) (page 13 of the solicitation). Change “complete the entire work ready for use not later than September 20, 2016” to “complete the entire work ready for use not later than September 30, 2016”.

Clarifications:

The Government has been asked if truck drivers are required to be payed Davis Bacon Wages.

The information may be found in “The Field Operations Handbook (FOH) by the United States Department of Labor, Wage and Hour Division” located at:

http://www.dol.gov/whd/FOH/

Chapter 15 covers the Davis-Bacon and Related Acts and Contract Work Hours and Safety Standards Act.

15e22 Truck drivers.

The application of Davis Bacon to truck drivers is based on the definition of “construction, prosecution, completion, or repair” in 29 § CFR 5.2(l) (see FOH 15b05). Three U.S. appellate court decisions in the 1990’s helped to clarify these definitions and provide the guidelines below. See 65 FR 80268-80278, Dec 20, 2000.

(a) Truck Drivers are covered by Davis-Bacon in the following circumstances:

(1) Drivers of a contractor or subcontractor for time spent working on the site of the work.

(2) Drivers of a contractor or subcontractor for time spent loading and/or unloading materials and supplies on the site of the work, if such time is not de minimis. See FOH 15e22(b)(3).

(3) Truck drivers transporting materials or supplies between a facility that is deemed part of the site of the work and the actual construction site.

(4) Truck drivers transporting portions(s) of the building or work between a site established specifically for the performance of the contract or project where a significant portion of such building or work is constructed and the physical place(s) where the building or work called for in the contract(s) will remain.

(b) Truck drivers are not covered in the following instances:

(1) Material delivery truck drivers while off “the site of the work.”

(2) Drivers of a contractor or subcontractor traveling between a Davis-Bacon job and a commercial supply facility while they are off the “site of the work.”

(3) Truck drivers whose time spent on the site of the work is de minimis, such as only a few minutes at a time merely to pick up or drop off materials or supplies.

http://www.dol.gov/whd/FOH/