Sol_L15PS00184.pdf

L15PS00184

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

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

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

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

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

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

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

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

03/05/2015 0040197123

1 35

1206 SOUTH CHALLIS STREET

SALMON ID 83467

BLM ID-SALMON FIELD OFC(IDI04)

07/31/2015

BLM-ID IDAHO FALLS DISTRICT OFFICE*

1405 HOLLIPARK DR

IDAHO FALLS

ID 83401-2100

208 756-5438Sharon L Nagel

03/30/2015 1700 MT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

NOTICE: Vendors need to check to see if a more recent version of the solicitation is available.

Always click on the most recent posting to submit responses.

Quotes may be faxed to 208-756-5447, Attn:

Sharon. Or you may e-mail the quote to slnagel@blm.gov. It is the quoter's responsibility to ensure the fax or e-mail has been received.

Contractor must be registered and active in the System for Award Management (SAM) database at time of award.

Any resultant order from this solicitation will Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

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

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 35

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

L15PS00184

require Contractor signature.

Awarded Contractor will be required to submit invoices electronically through the Internet

Processing Platform (IPP) system.

Period of Performance: 04/01/2015 to 07/31/2015

00010 Desert Rock Crushing

Delivery: 07/31/2015

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

Solicitation Document No.

Document Title Desert Rock Crushing

SOLICITATION/CONTRACT FORM

INFORMATION TO PROSPECTIVE QUOTERS

SITE VISIT

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Only one site visit will be conducted by the Bureau of Land Management as follows:

(1) Date: March 24, 2015

(2) Time: 10:00 a.m. MDT

(3) Meeting Place: Junction of Highway 39 and Grandview Access Road (W 1000 S)

(4) Point of Contact: Steve Janzen Bureau of Land Management Telephone (208) 524-7572

Document Title Desert Rock Crushing

SECTION B -- SUPPLIES OR SERVICES AND PRICES

B.1 BID SCHEDULE

ITEM NO. DESCRIPTION ESTIMATED

QUANTITY UNIT UNIT COST TOTAL COST

1 Mobilization 1 LS

Crushed Cinders B (Subbase)* 10,000 TON

TOTAL

* According to Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP 14, Table 703-2

Period of Performance: 45 Calendar Days From Issuance of Notice To Proceed

Document Title Desert Rock Crushing

SECTION C -- DESCRIPTIONS/SPECIFICATIONS

SPECIAL CONTRACT REQUIREMENTS

FOR THE CONSTRUCTION OF DESERT ROCK CRUSHING PROJECT

Description of Work

The work to be done under this contract includes all labor, supervision, transportation, equipment, tools, supplies, and materials necessary to crush and stockpile road surfacing material at a developed BLM cinder pit. Also includes pit reclamation/stabilization.

The work involves minor pit development, crushing, and stockpiling of surfacing aggregate material and stabilization of the areas disturbed after the project is complete. Material shall be crushed a Gradation of B (Subbase) According to Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP 14, Table 703-2.

The material for this project shall be produced by deepening the excavation in the existing pit area. Any top soil/ organic materials removed shall be stockpiled for later use in stabilization. All finished slopes shall be 3:1 (H:V).

There has been one mobilization allocated for this project. The Contractor shall be responsible for all costs associated with mobilization and additional mobilizations shall be at no extra cost to the Government. The roads to the project site, after leaving the pavement, are extremely rough and difficult roads.

Project Location

See attached Map. Project is located approximately 29 miles west of HWY 39.

Performance Period

45 Calendar Days from Notice to Proceed (NTP).

Local conditions (weather conditions, road conditions, etc.) that may affect work are included in the performance period.

Contractor shall coordinate work hours with the COR/CO 48 hours in advance of beginning work.

Applicable Standard Specifications

The General Requirements (Division 100) and the applicable sections of Divisions 150 through 700 of the Federal Highway Administration’s "Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14, U.S. Customary Units" of the U.S. Department of Transportation, Federal Highway Administration apply to this project as modified by these Special Contract Requirements and Contract Clauses contained in the contract. Unless otherwise noted, all reference headings in these Special Contract Requirements refer to divisions, sections, subsections, articles or paragraphs of the Standard Specifications, FP-14. The Contractor shall keep a copy of FP-14 on site during all construction for this project.

The FP-14 is a separately published book by the Federal Lands Highway. To download FP-14 or to obtain a hard copy, visit: http://flh.fhwa.dot.gov/resources/pse/specs/fp-14.htm

Applicable Standard Specifications

Section 151 – Mobilization Section 201 – Clearing and Grubbing Section 204 – Excavation and Embankment Section 703 - Aggregate http://flh.fhwa.dot.gov/resources/pse/specs/fp-14.htm

Document Title Desert Rock Crushing

Specific Project Supplemental Specifications

Preface Section 101- Terms, Format, and Definitions Section 102 – Bid, Award, and Execution of Contract Section 103 – Scope of Work Section 104 – Control of Work Section 105 – Control of Material Section 106 – Acceptance of Work Section 107 – Legal Relations and Responsibility to the Public Section 108 – Prosecution and Progress Section 109 – Measurement and Payment Section 301 – Untreated Aggregate Courses Section 314 – Stockpiled Aggregates Section 651 – Development of Pits and Quarries

Document Title Desert Rock Crushing

PREFACE

Delete the Preface and substitute the following:

These Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects are issued primarily for constructing roads and bridges on Federal Highway projects under the direct administration of the Bureau of Land Management. These specifications are cited as "FP-14" indicating "Federal Project" Standard Specifications issued in 2014 and contain both United States Customary and Metric units of measure.

When designated in a contract, the FP-14 becomes part of the contract and binding upon all parties to the contract.

Construction contracts of the Bureau of Land Management are also governed by the following regulations:

● Federal Acquisition Regulation (FAR), Title 48, Code of Federal Regulations, Chapter 1

The FAR regulations are not included in the FP-14. A complete copy of the FAR is available from the Superintendent of Documents, Congressional Sales Office, U.S. Government Printing Office, Washington, DC 20402.

U.S. Customary units of measure are used in the FP-14 as provided in the November 25, 2008 Memorandum from Jeffrey F. Paniati entitled Update on Metric Use Requirements for FHWA Documents. Metric units are noted in parentheses following the U.S. Customary Units. The references to Metric or Metric units apply only when the project or portion of the project expressly calls for Metric units of measure.

Document Title Desert Rock Crushing

DIVISION 100

GENERAL REQUIREMENTS

Section 101. – TERMS, FORMAT AND DEFINITIONS

101.01 Meaning of Terms. Add the following:

Delete all references to the TAR (Transportation Acquisition Regulations) in the specifications.

101.03 Abbreviations. Add the following to (a) Acronyms:

AA

AAN

AAR

ABA

ACPA

ADA

AFPA

AI

AIA

ARA

AREA

ASCE

ASCII

ASLA

BLM

FTMS

GSA

IEEE

MIL

MSHA

NESC

NFPA

PCA

SAE

USFS

USGS

USPS

WCLIB

WWPI

Aluminum Association American Association of Nurserymen Association of American Railroad Architectural Barriers Act American Concrete Pavement Association Americans with Disabilities Act American Forest and Paper Association Asphalt Institute American Institute of Architects American Railway Association American Railway Engineering Association American Society of Civil Engineers American Standard Code for Information Interchange American Society of Landscape Architects Bureau of Land Management Federal Test Method Standard General Services Administration Institute of Electrical and Electronic Engineers Military Specifications Mine Safety and Health Administration National Electrical Safety Code National Forest Products Association Portland Cement Association Society of Automotive Engineers United States Forest Service United States Geological Survey United States Postal Service West Coast Lumber Inspection Bureau Western Wood Preservers Institute

Add the following to (b) U.S. Customary unit abbreviations and symbols:

hr mp ppm

Hour Milepost Part Per Million

Document Title Desert Rock Crushing

101.04 Definitions. Delete the definitions for the following terms:

Bid Bidder

Modify the following definitions as follows:

Contract Time – Delete this definition and substitute the following:

Period of Performance (POP) – The specified time allowed for completion of contract work.

Notice to Proceed – Delete this definition and substitute the following:

Notice to Proceed – Written notice from the Contracting Officer to the Contractor to begin the contract work.

Add the following:

Maximum Particle Size – The smallest sieve opening through which all particles in the material will pass.

Neat Line – A line defining the proposed or specified limits of an excavation or structure.

Pioneer Road – Temporary construction access built along the route of the project.

Protected Streamcourse – A drainage shown on the plans that requires designated mitigation measures.

Right-of-Way – A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Utilization Standards – The minimum size and percent soundness of trees described in the specifications to determine merchantable timber.

Section 102. – BID, AWARD, AND EXECUTION OF CONTRACT

Delete this section in its entirety.

Section 103. – SCOPE OF WORK

103.02 Disputes. Delete in its entirety.

103.03 Value Engineering. Delete in its entirety.

103.04 Contractor Records. Delete in its entirety.

Section 104. – CONTROL OF WORK

104.01 Authority of the Contracting Officer (CO). Delete in its entirety.

104.02 Authority of Inspectors. Delete in its entirety.

Document Title Desert Rock Crushing

104.03 Specifications and Drawings.

(c) As-built drawings. Modify the first sentence to read as follows:

Use one set of Contractor-provided plans exclusively for as-built drawings.

(d) Submittals. Add this section:

1. Scale certification.

2. Section 301 Gradation Test Results

104.04 Coordination of Contract Documents. Delete in its entirety.

Section 105. – CONTROL OF MATERIAL

105.02(a) Government-provided sources. Add the following:

Comply with the requirements of 30 CFR 56, subparts B and H. Use all suitable material for aggregate regardless of size unless otherwise designated. When required, re-establish vegetation in disturbed areas according to section 651. See map for Quarry Location.

105..05 Use of Material Found in the Work. Modify as follows:

Last sentence of the second paragraph and modify the sentence to read as follows:

Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to make reimbursement for the cost of producing these materials.

105.05(a). Delete in its entirety.

105.05(b). Delete in its entirety.

Section 106. – ACCEPTANCE OF WORK

106.05 Statistical Evaluation of Work and Determination of Pay Factor.

Delete in its entirety, including all references to Statistical Evaluation. All references to Section 106.05 shall be replaced with references to Section 106.04 Measured or Tested Conformance.

Section 107. – LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

107.01 Laws to be Observed. Delete in its entirety.

107.02 Protection and Restoration of Property and Landscape. Delete in its entirety.

107.03 Bulletin Board. Delete in its entirety.

107.05 Responsibility for Damage Claims. Delete in its entirety.

Document Title Desert Rock Crushing

107.06 Contractor’s Responsibility for Work. Delete in its entirety.

107.09 Legal Relationship of the Parties. Delete in its entirety.

107.10 Environmental Protection.

(e) Project Specific Environmental Protection. Add this section:

During the time period of March 1 – May 15, work (crushing operations and equipment use) shall be limited to the hours of 9 AM to 6 PM.

Prior to mobilizing equipment to the site, all mechanical equipment and vehicles shall be cleaned of all vegetation (stems, leaves, seeds, and all other vegetative parts) in order to minimize the transport of invasive plant species.

Use of explosives will not be permitted.

Section 108. – PROSECUTION AND PROGRESS

Delete this section in its entirety.

Section 109. – MEASUREMENT AND PAYMENT

109.03 Weighing Procedures and Devices.

(c) Project weighing system. Add the following:

Manual scales may be used if approved in writing by the CO and if the method of weighing meets all other contract requirements. Loader scales may be used if approved in writing by the CO and if the method of weighing meets all other contract requirements. Scales shall be accurate to within 2% of actual weight. For aggregates weighed for payment, adjust scale weights of material to deduct the daily average moisture content in excess of 2 percentage points over optimum moisture as determined by AASHTO T 99 or the designated compaction method.

If moisture determination is necessary, determine the daily average moisture content in accordance with AASHTO T 255, from not less than three representative samples of aggregate taken at random intervals each day that aggregate is being weighed.

109.06 Pricing of Adjustments. Delete in its entirety.

109.07 Eliminated Work. Delete in its entirety.

109.08 Progress Payments. Delete in its entirety.

109.09 Final Payment. Delete in its entirety.

Section 301. – UNTREATED AGGREGATE COURSES

Table 301-1 Modify as follows:

Remove all Sampling, Testing, and Acceptance Requirements rows except for the first row titled “Subbase, base, or surface course aggregate”.

Delete “Fractured Faces” from row titled “Subbase, base, or surface course aggregate” and “Characteristic” column

Document Title Desert Rock Crushing

Delete “2 per day per stockpile” from row titled “Subbase, base, or surface course aggregate” and “Sampling Frequency” column

And Replace with the Following:

“1 per 1000 Tons.”

301.08 (b) Delete in its entirety.

Section 314. – STOCKPILED AGGREGATES

314.04 Stockpile Site Delete in its entirety.

And Replace with the Following:

Prepare existing sites as necessary to accommodate the quantity of aggregate to be stockpiled.

Grade and shape the site to a uniform cross-section that drains.

Prevent contamination of the stockpiles.

314.05 Acceptance Delete in its entirety.

And Replace with the Following:

Aggregate for stockpiling will be evaluated under Subsection 301.08 and Table 301-1. The point of sampling will be the belt or stockpile.

Preparation of stockpile sites and construction of stockpiles will be evaluated under Subsections 106.02 and 106.04.

Measurement

314.07 Measure the Section 314 items listed in the bid schedule according to subsection 109.02.

Payment

314.08 The accepted quantities, measured as provided in subsection 109.05 and above, will be paid at the contract price per unit of measurement for the Section 314 pay items listed in the bid schedule.

Add the following:

Section 651. – DEVELOPMENT OF PITS AND QUARRIES

Description

651.01 This work consists of clearing, grubbing, stripping topsoil, removing overburden, constructing access roads, conducting restoration activities, and performing other incidental work required for pit or quarry development.

Document Title Desert Rock Crushing

Construction Requirements

651.02 General. Submit a plan of operations according to Section 105. Perform all work in accordance with Sections 105, 201, 204, and the approved pit and quarry development plan of operations. The material for this project shall come from deepening the existing disturbed area. They shall be piled on site an approved location. The excavation shall slope such that water is shed from the working area. All finished slopes shall be 3:1 (H:V).

Perform the work in accordance with MSHA 30 CRF, part 56.

651.03 Acceptance. Developing pits and quarries will be evaluated under Subsections 106.02 and 106.04.

Measurement

651.04 Section 651 Items will not be measured for payment.

Document Title Desert Rock Crushing

SECTION D -- PACKAGING AND MARKING

THIS SECTION NOT USED

Document Title Desert Rock Crushing

SECTION E -- INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

http://www/acquisition.gov

Clause Title Date 52.246-12 Inspection of Construction August 1996 52.246-21 Warranty of Construction March 1994

E.2 INSPECTION

(a) Work will be subject to periodic inspections by the Government to assure satisfactory progress, to determine quantities or work performed for progress payment purposes, to be certain that work is being performed in accordance with contract specifications, and to determine if work corrections are necessary.

(b) Inspection in the form of a review of all required reports will be performed by the Contracting Officer's Representative (COR). Accordingly, all reports, data, and documentation required by the contract will be submitted to the COR who will recommend approval/disapproval for acceptance purposes to the Contracting Officer.

(c) The Contractor shall notify the COR or the Project Inspector (PI) at least 3 days before the scheduled completion date, so the Government can schedule final inspection. The Contractor will not be granted a time extension to perform a work correction required as a result of a periodic or final inspection if such correction is necessary because of improper work by the Contractor. The Contractor or his authorized representative must be at the worksite at time of final inspection.

E.3 ACCEPTANCE

Final inspection and acceptance of all items/services to be delivered under this contract shall be the responsibility of the Contracting Officer. Quality of work is subject to verification by the COR, with final payment to be withheld pending completion of any necessary rework by the Contractor.

http://www/acquisition.gov

Document Title Desert Rock Crushing

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

http://www/acquisition.gov

Clause Title Date 52.211-18 Variation in Estimated Quantity April 1984 52.242-14 Suspension of Work April 1984

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK

APR 1984

The Contractor shall be required to (a) commence work under this contract within five (5) 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 45 calendar days. The time stated for completion shall include final cleanup of the premises.

F.3 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION SEPT 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $570.80 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.4 SIMULTANEOUS PERFORMANCE

If a Contractor receives award of more than one contract, simultaneous performance will be required. All work must be completed within the timeframe allowed for each contract.

Document Title Desert Rock Crushing

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 PROCUREMENT OFFICE REPRESENTATIVE

The Procurement Office Representative for this requirement is:

Sharon Nagel Bureau of Land Management 1206 S. Challis St.

Salmon, ID 83467 Telephone: 208-756-5438

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AND/OR PROJECT INSPECTOR (PI)

The COR and/or Project Inspector (PI) will be appointed by the Contracting Officer upon award of the contract. Such COR/PI will be responsible for giving the Contractor any special instructions or guidance necessary to complete delivery as required by the contract. The COR or PI does not have the authority to modify or in any way amend the terms of this contract.

G.3 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM

(IPP) (SEPTEMBER 2011)

Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions- Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

(a) Copy of Company Generated Invoice.

(b) Substantiation Forms are to be submitted with progress payments only.

(c) Release of Claims shall be submitted with the final payment only.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

G.4 AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries.

http://www.ipp.gov/ mailto:ippgroup@bos.frb.org mailto:ippgroup@bos.frb.org mailto:ippgroup@bos.frb.org mailto:ippgroup@bos.frb.org mailto:ippgroup@bos.frb.org mailto:ippgroup@bos.frb.org mailto:ippgroup@bos.frb.org

Document Title Desert Rock Crushing

The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

Document Title Desert Rock Crushing

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 WORK HOURS

Work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or legal National Holidays or Federal Holidays unless authorized by the COR.

National and Federal Holidays to be observed are:

New Year Day Independence Day Labor Day Memorial Day Martin Luther King’s Birthday Columbus Day President’s Day Veteran’s Day Thanksgiving Day Christmas Day

The Contractor shall observe any other day designated by Federal statute, Executive Order or the Presidential proclamation.

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. All personnel assigned to perform under this contract shall limit their observation of holidays to those set forth above.

H.2 FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the

COR.

H.3 NOTICE TO PROCEED

After award of contract, the COR will issue a written notice to proceed to the Contractor. Issuance of such notice may be delayed for a reasonable time if adverse soil, vegetative, or climatological conditions exist.

H.4 UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

Document Title Desert Rock Crushing

SECTION I -- CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

http://www/acquisition.gov

Clause Title Date 52.204-13 System for Award Management Maintenance July 2013 52.204-18 Commercial and Government Entity Code Maintenance November 2014 52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items) December 2014 52.219-28 Post-Award Small Business Program Rerepresentation July 2013 52.222-3 Convict Labor June 2003 52.222-9 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 1988 52.222-11 Subcontracts (Labor Standards) May 2014 52.222-12 Contract Termination-Debarment May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations May 2014 52.222-14 Disputes Concerning Labor Standards February 1988 52.222-15 Certification of Eligibility May 2014 52.222-26 Equal Opportunity March 2007 52.222-27 Affirmative Action Compliance Requirements for Construction February 1999 52.222-36 Equal Opportunity For Workers with Disabilities July 2014 52.222-37 Employment Reports on Veterans July 2014 52.222-50 Combating Trafficking in Persons February 2009 52.222-55 Minimum Wages under Executive Order 13658 December 2014 52.223-6 Drug Free Workplace May 2001 52.225-13 Restrictions on Certain Foreign Purchases June 2008 52.228-14 Irrevocable Letter of Credit November 2014 52.232-5 Payments under Fixed-Price Construction Contracts May 2014 52.232-16 Progress Payments April 2012 52.232-23 Assignment of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts May 2014 52.232-39 Unenforceability of Unauthorized Obligations June 2013 52.233-4 Applicable Law for Breach of Contract Claim October 2004 52.236-2 Differing Site Conditions April 1984 52.236-3 Site Investigation and Conditions Affecting the Work April 1984 52.236-5 Material and Workmanship April 1984 52.236-6 Superintendence by the Contractor April 1984 52.236-7 Permits and Responsibilities November 1991 52.236-8 Other Contracts April 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements April 1984

52.236-10 Operations and Storage Areas April 1984 52.236-12 Cleaning Up April 1984 52.236-13 Accident Prevention November 1991 52.243-5 Changes and Changed Conditions April 1984

Document Title Desert Rock Crushing

I.2 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS MAY 2014

(a) Definition.—“Site of the work”— (1) Means—

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is—

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided—

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the “primary site of the work” as defined in paragraph (a)(1)(i), or the “secondary site of the work” as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the “site of the work.” Such permanent, previously established facilities are not a part of the “site of the work” even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Construction Wage Rate Requirements statute on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed.

(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Construction Wage Rate Requirements (Davis-Bacon Act) poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.

(c)(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination.

Document Title Desert Rock Crushing

(ii) The classification is utilized in the area by the construction industry.

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination

(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the:

Wage and Hour Division Employment Standards Administration U.S. Department of Labor Washington, DC 20210

The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to paragraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Construction Wage Rate Requirements statute have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

I.3 52.222-7 WITHHOLDING OF FUNDS MAY 2014

The Contracting Officer shall, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Prime Contractor, or any other federally assisted contract subject to prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract.

In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

I.4 52.222-8 PAYROLLS AND BASIC RECORDS MAY 2014

(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents

Document Title Desert Rock Crushing thereof of the types described in 40 U.S.C. 3141(2)(B) (Construction Wage Rate Requirement statute)), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled Construction Wage Rate Requirements, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B), the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(b)(1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph (a) of this clause, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be obtained from the U.S. Department of Labor Wage and Hour Division website at http://www.dol.gov/whd/forms/ wh347.pdf. The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Contracting Officer, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a Prime Contractor to require a subcontractor to provide addresses and social security numbers to the Prime Contractor for its own records, without weekly submission to the Contracting Officer.

(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify—

(i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this clause and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (b)(2) of this clause.

(4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.

(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this clause available for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job.

If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

I.5 52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999

(a) Segregated facilities, as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are

Document Title Desert Rock Crushing segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom.

The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.

(b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract.

(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.

I.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS JULY 2014

(a) Definitions. As used in this clause— “Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

I.7 52.223-18 ENCOURAGING CONTRACTOR…