AG67T0S170027.docx

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

USDA, Forest Service, Rocky Mountain Acquisition Service Team 1019 N. 5th Street, Custer, SD 57730 30 Calendar days from issuance of a Notice to Proceed

Custer County

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

Bighorn National Forest

System for Award Management (www.sam.gov) to be eligible for award of this project.

12. DISCOUNT FOR PROMPT PAYMENT

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

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

Non Discrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P).

AG-67T0-S-17-0012

Water Supply Well – Tatanka Black Hills National Forest For more information on biobased program: http://www.biopreferred.gov To locate biobased products: http://www.biopreferred.go

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Poison Creek Exclusion Fence Bighorn National Forest Johnson County

B - SCHEDULE OF ITEMS:

Item No.

Description

Price Total Amount

Mobilization

LSQ

LS

Fence, 8’ woven wire.

Government Furnished Materials

AQ

LF

2,800

Gate, 8’ wide woven wire.

Government Furnished Materials.

AQ

EA

Corner braces.

Government Furnished Materials

AQ

EA

Gate brace.

Government Furnished Materials

AQ

EA

TOTAL

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DESCRIPTION OF WORK

Project consists of constructing an 8’ high woven wire exclusion fence including gates, braces, etc. utilizing government furnished materials.

PROJECT LOCATION

Project is located in Johnson County, WY. Legal description is – T48N; R84W; S9

PRICE RANGE

The Government’s estimate is between $25,000 and $50,000.

AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

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

Biobased Products

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation

Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for biopreferred products that are required for performance of this service contract.

Equipment Lubricants, Hydraulic Fluids, Fuel Additives, Engine Oils, Office Products (Ink, paper, cleaning products)

For more information regarding the Department of Agriculture Biobased Program go to: http://www.biopreferred.gov.

AG-67T0-S-17-0027

Poison Creek Exclusion Fence Bighorn National Forest

This template is designed for use for construction projects estimated to be below $150,000.

Updated through FAC 2005-82 effective May 7

, 2015.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

FAR 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 30 calendar days. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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

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.

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).

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 contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held at a mutually agreed upon location.

Payment will be made at the awarded bid item price for satisfactorily completed work. Partial payment may be authorized by the Contracting Officer.

This contract incorporates the Davis Bacon Wage Rates. Weekly payrolls are mandatory and must be turned into the Contracting Officer Representative for review and approval. Invoices will not be processed until acceptable payrolls have been received.

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.

ITEM TOTAL COST

8”X12’ Treated Timbers; 6”X12’ Treated Timbers 5”X8’ Treated Timbers; 10’ Steel Posts; 8’ Woven Wire $10,000

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 EMERGENCY CONTROL - FIRE PLAN

The Interagency Fire Dispatch Center will be contacted in the event of any fire in or near the contract area(s) (1-800-295-9954).

A. TOOLS AND EQUIPMENT

1. Tools.

(a) The contractor shall furnish and maintain in a serviceable condition one shovel or Pulaski for each of his employees, to be used only for suppressing Forest fires. These tools will be kept in sealed boxes and available within the camp areas.

(b) The contractor shall furnish one shovel, LHRP, size 0 or larger, one axe, two pounds or larger, for each truck, each personnel vehicle, each tractor, and each grader. For each welder, he shall furnish one shovel, LHRP, size 0 or larger, and one backpack, five-gallon pump; for each gasoline power tool (power saw, soil auger, etc.), one shovel, LHRP, size 0 or larger, and one eight-ounce chemical pressurized fire extinguisher. Contractor shall also furnish any other equipment called for elsewhere in the contract.

(c) All fire tools and equipment required to be furnished by the contractor shall be in good working condition at all times.

B. GENERAL PROVISIONS

1. Fire Prevention

(a) Burning, Blasting, or Welding. During the period from April 15 through November 15, advance approval in writing will be required and will contain special stipulations pertinent to the particular job. The District Ranger may give, in writing, seasonal approval with stipulations for blasting and/or welding. Such approval will contain special stipulations pertinent to the particular job. At no time will use of detonating cord be allowed in clearing operations. At all times, explosives will be stored in a locked box marked “Explosives.” All Federal, State and local laws concerning the use and storage of explosives shall be complied with.

(b) Spark Arrestors. All diesel or gasoline engines except those machines equipped with exhaust driven turbochargers, and all flues used on the project and in construction camps, shall be equipped with adequate, serviceable arresting devices that meet Forest Service standard 5100-1, Spark Arrestors for Internal Combustion Engines. Information in this standard will be furnished upon request.

(c) Lunch and Camp Fires. Lunch and camp fire are permitted. Contractor is subject to any fire bans.

(d) Smoking. The contractor may permit smoking by his employees from April 15 through October 31, but only in safe places such as: along roads, in truck cabins, or where all inflammable material has been cleared away from an area at least three feet in diameter. During periods of high fire danger, smoking may be prohibited by the District Ranger except in truck cabs and at places of habitation. Under no circumstances will smoking be permitted during the period of April 15 through October 31 while operating tractors or other open-type vehicles in areas not cleared to mineral soil, or while walking or working in such areas.

(e) Power Saws. Oil and gas will be carried only in metal safety cans.

(f) Storage and Parking Areas. Equipment service areas, parking areas, gas and oil drum storage areas, and explosive storage areas will be cleared of all inflammable material for a distance of 50 feet. Small stationary engine sited shall be cleared of all inflammable material for a distance of 15 feet. Inflammable and explosive storage areas will be labeled as such, and “NO SMOKING” signs erected.

(g) Oil filter, Cartridges and Oily Rags. Used and discarded oil filters, cartridges, and oily rags or waste will be removed from the forest and disposed of in accordance to Federal, State, and County regulations. Glass jugs or bottles will not be used for gas, oil, or water.

H.2 Safety Plan

1. The Contractor shall provide a copy of their safety plan at the pre-work meeting. This copy of the Safety plan shall be kept in the contract folder for OSHA’s review.

1. The Safety Plan should be available to all employees and subcontractors working on the contract.

1. The Safety Plan should cover at a minimum:

1. Safety briefings covering the work area, equipment being used, and any special considerations for the work under the contract. The Contractor shall identify the specific conditions that the contractor considers a hazard. The Contractor shall update their safety plan which addresses the specific hazards of the work site.

1. Personal Protective Equipment required for the work under the contract.

1. Identify appropriate OSHA requirements for the type of work under the contract.

1. Weather considerations for the time of year of the contract.

1. Communication issues and locations of the nearest medical facilities.

1. Name and point of contact information of supervisor responsible for enforcing Safety Plan.

1. Name, position title and point of contact information of company executive responsible for approving the Safety Plan.

1. Specific contingency plans for emergencies such as medical, fire, hazard material spills and any other contract assessed hazard prevention and abatement requirement needs that apply to this project.

H.3 BEAR SAFTEY

Garbage, unused foods, petroleum products, antifreeze and other bear attractants shall be removed from Forest lands daily or stored in acceptable bear-resistant containers on Forest lands while not in use from March 1st to December 1st. Refer to http://www.igbconline.org/index.php/safety-in-grizzly-country/bear-resistant-products for acceptable sources of bear resistant containers.

Violation by the Contractor, his agents and employees, of the Endangered Species Act of 1973 on lands covered by and used in conjunction with this contract will be cause for termination of this contract.

The Contracting Officer or his representatives may order an immediate temporary suspension of all activities within the camping or work areas if needed to resolve potential or existing grizzly/human conflicts. The Contractor shall immediately comply with this direction. It should be noted that the Government shall not be liable for any consequences from any such suspensions to contracts that are less than 10 days in length.

The Contractor assumes full responsibility and shall hold the Government harmless from any and all claims by the Contractor, subcontractor, or third parties for any damage to life or properties arising from the activities authorized by this contract and encounters with grizzly bears from suspensions of activities authorized by this contract. Intentional or negligent acts by the Contractor or subcontractors, employees, or third parties that result in injury or death of a grizzly bear will be cause for suspension or termination of this contract in whole or part.

No personnel should intentionally approach closer than 100 yards to a grizzly bear.

Feeding bears for any purposes is prohibited Any bear activity within or adjacent to camping or work areas will be reported to the Contracting Officer or his representatives within 12 hours.

Hard sided camping only may be required in certain areas of each District. Task orders will list this requirement if applicable.

H.4 CAMPING AND WORKSITE CONDITIONS

The Contractor shall comply with use and occupancy restriction orders (Section H.3 Bear Safety) while occupying or operating on any of the lands designated. In addition, preference for contractor camping is at developed recreation facilities or at those dispersed sites that have food storage and other sanitation facilities.

If the Contractor is occupying or operating on lands that do not have use and occupancy restrictions in place, the Contractor must adhere to the contract requirements.

The Contractor will comply with the regulations governing the operations of premises which are occupied and shall perform this contract in such a manner as to not interrupt or interfere with the conduct of Government business.

The Contractor shall obtain a camping permit from the agency the work is being performed on, prior to camping on agency land. Final payment shall be withheld until the authorized camping areas have been cleaned up to the requirements of each respective camping permit.

A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

H.5 NOXIOUS WEEDS

The Contractor shall make all equipment intended for use on this project available for inspection by the COR prior to entering the National Forest. If the COR determines that the equipment could be carrying potentially noxious weed seeds, the Contractor shall thoroughly wash the equipment.

Equipment washing shall be conducted at a site owned or leased by the contractor or a commercial site designated for this work, outside the National Forest.

Unless otherwise agreed, Contractor shall give the Forest Service at least 48 hours notice when equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available for inspection by the forest service.

New infestations of noxious weeds of concern to the Forest Service and identified by Contractor in the Contract Area or on the route, shall be promptly reported to the CO. A current list of noxious weeds of concern to Forest Service is available at each Forest Service office.

AGAR 452.228-71 INSURANCE COVERAGE (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 II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

(OCT 2016)

52.209-6 Protecting the Government's Interest when Subcontracting

(AUG 2011)

52.232-27 Prompt Payment for Construction Contracts (MAY 2014)

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)

Alternate I (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) (Applicable if contract is over $30,000)

FAR 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT

(OCT 1997)

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

(a) The Schedule (excluding the specifications)

(b) Representations and other instructions

(c) Contract clauses

(d) Other Documents, exhibits, and attachments

(e) The Specifications

FAR 52.225-9 BUY AMERICAN -CONSTRUCTION MATERIALS

(MAY 2014)

(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 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.

“Component” means an article, material, or supply incorporated directly into a construction material.

“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—

(3) 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

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

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 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; or

(ii) The construction material is a COTS item.

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

“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 component test of the Buy American statute is waived for construction material that is a COTS item. (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 6 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

Item 1:

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

FAR 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

(a) The Contractor shall submit one of the following payment protections Payment Bond Irrevocable Letter of Credit

(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 5 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.

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(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 [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

FAR 52.222-5 CONSTRUCTION WAGE REQUIREMENTS - SECONDARY SITE OF THE WORK (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (September 2013).

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA) designated items unless

(1) The product cannot be acquired

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat orcombat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than

(i) October 31 of each year during contract performance.

AGAR 452.228-70 ALTERNATIVE FORMS OF SECURITY (NOV 1996)

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

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

SECTION J--LIST OF ATTACHMENTS

Title Pages

PAYMENT CERTIFICATION

I hereby certify, to the best of my knowledge and belief, that –

1. The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

2. Payment to subcontractors and suppliers have been made from previous payments received under the contract, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code; and

3. This request for progress payments does not include any amounts, which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract.

(Name)

(Title)

(Date)

General Decision Number: WY170004 01/13/2017 WY4

Superseded General Decision Number: WY20160004

State: Wyoming

Construction Type: Building

County: Albany County in Wyoming.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 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 $10.20 (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 2017.

The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/06/2017 1 01/13/2017

ASBE0028-005 07/01/2016

Rates Fringes

INSULATOR - DUCT (Cold/Hot)......$ 29.73 13.93

ELEV0025-003 01/01/2016

Rates Fringes

ELEVATOR MECHANIC................$ 41.47 29.985+a

FOOTNOTE:

a: Vacation Pay: 8% with 5 or more years of service based on regular hourly rate for all hours worked, 6% under 5 years service based on hourly rate for all hours worked. b: Paid holidays: New Year's Day; Memorial Day; Independence Day;

Labor Day; Veteran's Day; Thanksgiving Day; Friday after Thanksgiving and Christmas Day

IRON0027-019 06/30/2012

Rates Fringes

IRONWORKER, REINFORCING..........$ 27.18 15.60

IRON0732-016 06/01/2013

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 26.00 17.70

* PLUM0192-004 01/01/2017

Rates Fringes

PLUMBER/PIPEFITTER...............$ 29.86 15.42

SFWY0669-002 04/01/2016

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)......................$ 31.55 19.15

SUWY2011-001 01/11/2011

Rates Fringes

BRICKLAYER.......................$ 33.50 0.00

CARPENTER (Acoustical Ceiling Installation, and Drywall Finishing/Taping Only)...........$ 24.17 1.69

CARPENTER (Drywall Hanging Only)............................$ 20.22 0.00

CARPENTER, Excludes Acoustical Ceiling Installation, Drywall Finishing/Taping, Drywall Hanging, and Formwork............$ 20.83 3.32

CEMENT MASON/CONCRETE FINISHER...$ 22.83 3.66

ELECTRICIAN......................$ 26.89 3.51

FLOOR LAYER: Carpet and Vinyl....$ 22.24 0.00

FORM WORKER......................$ 13.00 0.00

GLAZIER..........................$ 21.28 2.54

HVAC MECHANIC (HVAC Duct Installation Only)...............$ 19.38 2.56

INSULATOR - PIPE & PIPEWRAPPER...$ 19.57 4.58

LABORER: Common or General......$ 13.49 2.64

LABORER: Mason Tender - Brick...$ 19.00 0.00

LABORER: Mason Tender - Cement/Concrete..................$ 17.00 0.33

LABORER: Landscape and Irrigation.......................$ 9.69 0.00

OPERATOR: Asphalt Paver.........$ 15.41 4.15

OPERATOR: Backhoe...............$ 19.63 3.00

OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 19.95 2.13

OPERATOR: Crane.................$ 29.83 4.51

OPERATOR: Excavator.............$ 19.08 5.36

OPERATOR: Forklift..............$ 18.63 7.58

OPERATOR: Loader (Front End)....$ 17.48 6.00

PAINTER: Brush, Roller and Spray............................$ 17.88 1.72

ROOFER...........................$ 15.97 0.00

SHEET METAL WORKER, Includes HVAC Unit Installation (Excludes HVAC Duct Installation)....................$ 19.38 2.56

TILE SETTER......................$ 22.19 0.32

TRUCK DRIVER: Dump Truck........$ 15.97 4.15

TRUCK DRIVER: Flatbed Truck.....$ 18.00 2.69

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

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

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

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

Union Rate Identifiers

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

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR…