1202NV20R0003.pdf
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- Solicitation number
- 1202NV20R0003
- Issued by
-
Department of Agriculture Forest Service
About this file
This is a solicitation for a pavement preservation project on National Forest Service Road 660 in Lamoille Canyon, Humboldt-Toiyabe National Forest near Elko, Nevada. The project includes crack sealing, chip sealing, and striping of approximately 10 miles of road, with the base bid addressing the first 6 miles. Optional bid items include additional crack sealing, asphalt milling, and 0.5 mile increments of additional chip sealing and striping. Bids are due by the response date listed, with award by the award date listed. Pricing is firm fixed price by line item. The set-aside is for total small business. The agencies involved are the USDA Forest Service and IDANV Acquisition Service Center. The incumbent is not stated.
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IDANV ACQUISITION SERVICE CENTER INSTRUCTIONAL COVER SHEET
ISSUING OFFICE:
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
IDANV ACQUISITION SERVICE CENTER
1405 HOLLIPARK DR.
IDAHO FALLS, ID 83401
FAX (208) 557-5829
SOLICITATION NO.: 1202NV20R0003
OFFERS ARE SOLICITED FOR: LAMOILLE PAVEMENT PRESERVATION
SET-ASIDE.: TOTAL SMALL BUSINESS
IMPORTANT – NOTICE TO OFFEROR:
AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS
SOLICITATION:
1. SF-1442 Solicitation, Offer, and Award (Complete, date, and sign)
2. Section B – Schedule of Items. (Complete Unit Price and Amount)
3. Section K – Representations and Certifications Complete the Representations and Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)
4. Technical Proposal
5. Bid Guarantee
IT IS REQUIRED THAT YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.
Return to: IDANV Acquisition Service Center 1405 Hollipark Drive Idaho Falls, ID 83401 Solicitation No. 1202NV20R0003
**Please keep a copy of your offer for your records.
IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE I-2 – FAR 52.204-7 SYSTEM FOR AWARD
MANAGEMENT FOR DETAILS ON HOW TO APPLY.
ALL SOLICITATIONS SHALL BE ISSUED THROUGH HTTPS://BETA.SAM.GOV/. NO PAPER SOLICITATIONS SHALL BE
ISSUED.
IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH HTTPS://BETA.SAM.GOV/.
https://beta.sam.gov/ https://beta.sam.gov/
TABLE OF CONTENTS
PART I – THE SCHEDULE
• SECTION A – SF-1442, Solicitation Offer and Award
• SECTION B – Supplies or Services and Prices/Costs
• SECTION C – Descriptions/Specifications/Statement of Work
• SECTION D – Packaging and Marking (Not applicable)
• SECTION E – Inspection and Acceptance
• SECTION F – Description and Performance
• SECTION G – Contract Administration Data (Not applicable)
• SECTION H – Special Contract Requirements
PART II – CONTRACT CLAUSES
• SECTION I – Contract Clauses
PART III – LIST OF DOCUMENTS,EXIBITS AND OTHER ATTACHMENTS
• SECTION J – Exhibits, Attachments, and Appendices
PART IV – REPRESENTATIONS AND INSTRUCTIONS
• SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents
• SECTION L – Solicitation Provisions
• SECTION M – Evaluation Factors for Award
1202NV20R0003 Lamoille Pavement Preservation Project Humboldt-Toiyabe National Forest
PART--THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES
LAMOILLE PAVEMENT PRESERVATION PROJECT
Mountain City, Ruby Mountains, Jarbidge Ranger District
Elko County, Nevada
This solicitation and any resulting contract is a firm-fixed price type of contract, which under the definition in FAR 16.202-1, “this type of contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.”
Offerors shall submit pricing on all base and optional items listed on the Schedule of Items.
Failure to comply with the instructions may render your offer nonresponsive and ineligible for contract award.
Prices on the Schedule shall reflect Contractor’s full cost for labor, supervision, overhead costs, and incidental items.
B- 1 - Schedule of Items
Base Item: First 6 Miles Past Forest Boundary (Milepost 2.3 to 8.3)
Pay Item
Item Description MM* Estimated
Quantity Pay Unit
Unit Price
Amount
151.01 Mobilization LSQ 1 LS $________ $________
406.0
Bituminous Flush Coat - CSS-IH at
0.1 gal/SY AQ 8,800
GAL $________ $________
407.0
Asphalt Surface Treatment - CRS2P Latex Modified Asphalt at
0.4 gal/SY AQ 142
TON
407.0
Asphalt Surface Treatment - Aggregate Chips -3/8 inch (Type 1C) Haul & Place CQ 88,000
SY
414.0
Asphalt Pavement Crack Sealing and Filling LSQ 1
LS $________ $________
634.0
Permanent Pavement Markings (Type B) Double Center Line Stripe (Yellow) CQ 63,360
LF
634.0
Permanent Pavement Markings (Type B) Edge Single Line Stripe (White) CQ 63,360
LF
635.0 1 Temporary Traffic Control LSQ 1
LS $________ $________
TOTAL FOR BASE ITEMS_ $________
Optional Item A: Crack Seal Milepost 8.3 to 12.1
Pay Unit
414.01 Asphalt Pavement Crack Sealing and Filling LSQ 1 LS $________ $________
TOTAL FOR OPTIONAL ITEM A_ $________
Optional Item B: Pavement Milling Milepost 8.3 to 12.1
Pay Unit
413.01 Asphalt Pavement Milling Milepost 8.3 to MP 12.1 LSQ 1 LS $________ $________
TOTAL FOR OPTIONAL ITEM B_ $________
Optional Item C: Pavement Milling -Road Sections and Upper Parking Area
Pay Unit
413.01 Asphalt Pavement Milling -two 2000 foot long road sections)
413.02 Asphalt Pavement Milling -upper parking area (40,000 square feet)) LSQ 1 LS $________ $________
TOTAL FOR OPTIONAL ITEM C_ $________
Optional Item D: Using 7333 SY per 1/2 mile - Provide a cost per additional 1/2 mile (Milepost 8.3 to 8.8)
Pay Unit
406.01 Bituminous Flush Coat - CSS-IH at 0.1 gal/SY AQ 733 GAL $________ $________
407.01
Asphalt Surface Treatment - CRS2P Latex Modified Asphalt at
0.4 gal/SY
AQ
12 TON $________ $________
407.02
Asphalt Surface Treatment - Aggregate Chips -3/8 inch (Type 1C) Haul & Place
CQ
7,333 SY $________ $________
634.01
Permanent Pavement Markings (Type B) Double Center Line Stripe (Yellow)
CQ
5,280 LF $________ $________
634.02
Permanent Pavement Markings (Type B) Edge Single Line Stripe (White)
CQ
5,280 LF $________ $________
TOTAL FOR OPTIONAL ITEM D_ $________
Optional Item E: Using 7333 SY per 1/2 mile - Provide a cost per additional 1/2 mile (Milepost 8.8 to 9.3)
Pay Unit
Bituminous Flush Coat - CSS-IH at 0.1 gal/SY AQ 733 GAL
407.01
Asphalt Surface Treatment - CRS2P Latex Modified Asphalt at
0.4 gal/SY
AQ
12 TON
407.02
Asphalt Surface Treatment - Aggregate Chips -3/8 inch (Type 1C) Haul & Place
CQ
7,333 SY
634.01
Permanent Pavement Markings (Type B) Double Center Line Stripe (Yellow)
CQ
5,280 LF
634.02
Permanent Pavement Markings (Type B) Edge Single Line Stripe (White)
CQ
5,280 LF
TOATL FOR OPTIONAL ITEM E_ $________
Optional Item F: Using 7333 SY per 1/2 mile - Provide a cost per additional 1/2 mile (Milepost 9.3 to 9.8)
Pay Unit
Bituminous Flush Coat - CSS-IH at 0.1 gal/SY AQ 733 GAL
407.01
Asphalt Surface Treatment - CRS2P Latex Modified Asphalt at
0.4 gal/SY
AQ
12 TON
407.02
Asphalt Surface Treatment - Aggregate Chips -3/8 inch (Type 1C) Haul & Place
CQ
7,333 SY
634.01
Permanent Pavement Markings (Type B) Double Center Line Stripe (Yellow)
CQ
5,280 LF
634.02
Permanent Pavement Markings (Type B) Edge Single Line Stripe (White)
CQ
5,280 LF
TOTAL FOR OPTIONAL ITEM F_ $________
Optional Item G: Using 7333 SY per 1/2 mile - Provide a cost per additional 1/2 mile (Milepost 9.8 to 10.3)
Pay Unit
Bituminous Flush Coat - CSS-IH at 0.1 gal/SY AQ 733 GAL
407.01
Asphalt Surface Treatment - CRS2P Latex Modified Asphalt at
0.4 gal/SY
AQ
12 TON
407.02
Asphalt Surface Treatment - Aggregate Chips -3/8 inch (Type 1C) Haul & Place
CQ
7,333 SY
634.01
Permanent Pavement Markings (Type B) Double Center Line Stripe (Yellow)
CQ
5,280 LF
634.02
Permanent Pavement Markings (Type B) Edge Single Line Stripe (White)
CQ
5,280 LF
TOTAL FOR OPTIONAL ITEM G _ $________
Optional Item H: Using 7333 SY per 1/2 mile - Provide a cost per additional 1/2 mile (Milepost 10.3 to 10.8)
Pay Unit
Bituminous Flush Coat - CSS-IH at 0.1 gal/SY AQ 733 GAL
407.01
Asphalt Surface Treatment - CRS2P Latex Modified Asphalt at
0.4 gal/SY
AQ
12 TON
407.02
Asphalt Surface Treatment - Aggregate Chips -3/8 inch (Type 1C) Haul & Place
CQ
7,333 SY
634.01
Permanent Pavement Markings (Type B) Double Center Line Stripe (Yellow)
CQ
5,280 LF
634.02
Permanent Pavement Markings (Type B) Edge Single Line Stripe (White)
CQ
5,280 LF
TOTAL FOR OPTIONAL ITEMS H_ $________
Optional Item I: Using 7333 SY per 1/2 mile - Provide a cost per additional 1/2 mile (Milepost 10.8 to 11.3)
Pay Unit
Bituminous Flush Coat - CSS-IH at 0.1 gal/SY AQ 733 GAL
407.01
Asphalt Surface Treatment - CRS2P Latex Modified Asphalt at
0.4 gal/SY
AQ
12 TON
407.02
Asphalt Surface Treatment - Aggregate Chips -3/8 inch (Type 1C) Haul & Place
CQ
7,333 SY
634.01
Permanent Pavement Markings (Type B) Double Center Line Stripe (Yellow)
CQ
5,280 LF
634.02
Permanent Pavement Markings (Type B) Edge Single Line Stripe (White)
CQ
5,280 LF
TOTAL FOR OPTIONAL ITEM I_ $________
Optional Item J: Using 7333 SY per 1/2 mile - Provide a cost per additional 1/2 mile (Milepost 11.3 to 11.8)
Pay Unit
Bituminous Flush Coat - CSS-IH at 0.1 gal/SY AQ 733 GAL
407.01
Asphalt Surface Treatment - CRS2P Latex Modified Asphalt at
0.4 gal/SY
AQ
12 TON
407.02
Asphalt Surface Treatment - Aggregate Chips -3/8 inch (Type 1C) Haul & Place
CQ
7,333 SY
634.01
Permanent Pavement Markings (Type B) Double Center Line Stripe (Yellow)
CQ
5,280 LF
634.02
Permanent Pavement Markings (Type B) Edge Single Line Stripe (White)
CQ
5,280 LF
TOTAL FOR OPIONAL ITEM J D $________
Optional Item K: Using 4400 SY Provide a cost for and additional 0.3 miles (Milepost 11.8 to 12.1)
Pay Unit
Bituminous Flush Coat - CSS-IH at 0.1 gal/SY AQ 440 GAL
407.01
Asphalt Surface Treatment - CRS2P Latex Modified Asphalt at
0.4 gal/SY
AQ
7 TON
407.02
Asphalt Surface Treatment - Aggregate Chips -3/8 inch (Type 1C) Haul & Place
CQ
4,400 SY
634.01
Permanent Pavement Markings (Type B) Double Center Line Stripe (Yellow)
CQ
3,168 LF
634.02
Permanent Pavement Markings (Type B) Edge Single Line Stripe (White)
CQ
3,168 LF
TOATL FOR OPTIONAL ITEM K $________
TOTAL FOR ALL ITEMS (BASE AND OPTIONAL)
* Designated Method of Measurement:DQ - Designed Quantities, AQ - Actual Quantities; LSQ - Lump Sum Quantities, CQ – Contract Quantities
B- 2 - Payment for Bond Premiums
Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under
151.01 – Mobilization. Payment will be made on actual work performed as described in FP-03
109.01 unless otherwise noted.
SECTION C--DESCRIPTION/SPECIFICATIONS
C- 1 - Scope of Contract
This project consists of crack sealing, chip sealing, and striping National Forest Service Road (NFSR) 660 in Lamoille Canyon near Elko, Nevada. The total length of the project may be up to 10 miles dependent on award of optional bid items. All the areas, to which pavement preservation treatments shall be applied, shall be swept clean and all vegetation removed from asphalt surfaces prior to all applications of asphalt preservation treatments. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown in the bid schedule.
The project work has been divided into a Base bid and bid options for completion of further chip sealing, crack sealing, or asphalt milling if funding allows. The base bid addresses crack sealing and chip sealing of NFSR 660 for 6 miles from the Forest Boundary to milepost 8.3. Other bid options include
• crack sealing the upper 4 miles of road
• milling the upper 4 miles of road
• milling only the upper parking lot and two 2000 foot sections of road
• additional chip sealing in ½ mile increments (8 additional chip sealing options)
All work shall be in compliance with the contract documents.
C- 2 - Project Location
The project is located approximately 22 miles southeast of Elko, NV. From Elko travel southeast on NV-227 E Lamoille HWY/5th Street. Follow Lamoille HWY 227 for approximately 19 miles to the intersection of Lamoille Canyon Road/Nation Forest Service Road 660. Turn right (south) on this road and follow it approximately 2.3 miles to the start of the project. (40°41’36.04” N 115°28’33.80” W) See location map in section J3.
C- 3 - Start Work
It is estimated that work will begin July 1, 2020. Please see FAR 52.211-10 Period of Performance.
C- 4 - Government-Furnished Property
The Government will provide the following items 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. The following items will be government furnished:
NONE
A Transfer of Property form (AD-107) shall be signed by the contractor before the Government transfers property to their possession.
C- 5 – Contractor Furnished Property
• All Labor
• All Tools and equipment
• Port-a-Potties
C- 6 – Bio-preferred 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.
The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).
The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.
Hydraulic Fluid
Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.
In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.
The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Section L, Clause L- * - Instructions for the Preparation of Technical and Business Proposals).
Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).
Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:
• The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.
• Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.
• Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.
NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.
• The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.
The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.
http://www.biopreferred.gov/
A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.
C- 7 – Public Access to Site
The forest requires the contractor to maintain safe public access throughout the duration of the project. Any detours or disruptions to public access will require prior notification and approval from the COR and CO. The contractor must obtain this approval a minimum of 14 days prior to any disruptive action. The road shall not be closed during the following holidays and special events:
• Memorial Day weekend
• 4th of July weekend
• Labor Day weekend
C- 8 – Site Information and Limitations
The following site conditions are considered incidental to the contract and the contractor will not be paid directly for any of the following items:
• The Contractor is responsible for the security of the Contractor’s equipment and materials.
• Water is not available on-site.
C- 9 – Standard Specifications
FP-14 Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects and Forest Service Supplement.
Copies are available electronically on the U.S. DEPARTMENT OF TRANSPORTATION Federal Highways Administration website at https://flh.fhwa.dot.gov/resources/specs/fp-14/fp14.pdf .
C- 10 – Special Project Specifications
SUPPLEMENTAL SPECIFICATIONS SECTION 407 - CHIP SEAL:
A. Surface preparation for paved surfaces - Clean the surface of all dirt, sand, dust, loose aggregate, vegetation, and other objectionable material to the satisfaction of the COR.
B. Apply asphalt material at a rate sufficient to obtain 50 percent chip embedment before the rolling operation, and 70 percent chip embedment after rolling operation.
1. Adjust application rates throughout the project depending on existing surface conditions
SUPPLEMENTAL SPECIFICATIONS SECTION 414 – ASPHALT PAVEMENT CRACK
SEALING AND FILLING:
Surface preparation for paved surface cracks - Clean the surface of all dirt, sand, dust, loose aggregate, vegetation, and other objectionable material to the satisfaction of the COR.
Backer rod should be used on cracks greater 3/4” in width and to prevent crack seal material from running out of the unconfined edge of pavement along the edge of the road.
There are no other Supplemental Specifications.
https://flh.fhwa.dot.gov/resources/specs/fp-14/fp14.pdf
C- 11 – Submittals
A. Project required submittals
1. Proposed project schedule.
2. Proposed traffic control plan.
3. Quality control plan.
B. Chip seal submittals
1. Gradation of chips and sample (5 gallon)
2. Aggregate quality tests (FP 703.09)
The traffic control plan and quality control plan shall be submitted 14 calendar days before work begins for approval by the contracting officer. The schedule shall be submitted 60 calendar days before work for approval by the contracting officer.
C-12 – Camping
Camping is not allowed on this project site.
C-13 – Staging and Storage Areas
Areas for staging operations and storage of materials shall be approved by the COR. Staging areas shall be proposed by the contractor and could include parking lots in the contract and pullouts near and along roads included in the project. The Contractor must request in writing for approval from the CO to stage work trailers on site.
C-14 – Inspection of Worksite
The contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.
SECTION E--INSPECTION AND ACCEPTANCE
E- 1 - 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/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-12 Inspection of Construction (AUG 1996)
E- 2 – Pre-Final and Final Inspection
a. Pre-final Inspection: The Government may, at its own discretion, conduct a pre-final inspection prior to the contractor requesting a final inspection. Any discrepancies noted shall be corrected prior to final inspection.
b. Final Inspection: When the work is ready for final inspection, the Contractor shall submit a written request for the final inspection to the duly assigned Contracting Officer’s Representative at least seven (7) days prior to the desired final inspection date. The final inspection will be performed with the Contractor by the appropriate Government personnel. If any discrepancies are noted, they shall be handled in accordance with 52.246-12.
http://www.arnet.gov/far/
SECTION F--DELIVERIES OR PERFORMANCE
F- 1 - FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) 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):
52.242-14 Suspension of Work (APR 1984)
F- 2 - 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 July 1, 2021. The time stated for completion shall include final cleanup of the premises.
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H- 1 - FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) 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):
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
452.236-72 Use of Premises (NOV 1996)
H- 2 - AGAR 452.237-74 Key Personnel (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel: Site Superintendent.
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.
The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
H- 3 - Fire Control
(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.
(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.
Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.
An equitable adjustment in contract time may be made for this period.
(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.
(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax.
Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.
(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:
One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.
One - shovel, round point #0 lady or equal.
One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.
One - water container (at least 1-gallon capacity), not required with stationary equipment.
(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.
One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.
One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.
Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.
(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.
(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.
(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.
(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.
(9) Precautions for Stoves. Stovepipes on all temporary buildings, roaders, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.
All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.
(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.
(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.
When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:
(i) All high fire risk operations could be terminated at 1300 local time.
(ii) All burning could be stopped, including debris burning fires.
(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.
(12) Pump and Roader. Not required
(13) Burning. Before starting any open burning, the Contractor shall comply with the following:
(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.
(ii) Obtain a burning permit from the District Ranger.
(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.
(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.
(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.
(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.
H- 4 - Incidental Payment Items
The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.
H- 5 - Conformity With Drawings and Specifications
Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground.
"Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.
H- 6 - Local Material Sources
(a) Designated Sources--Sources of local materials will approved by the Contracting Officer’s Representative. The Government does not assume responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.
(b) Contractor-Furnished Sources--When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor-furnished source material result in financial disadvantage to the Government. Quality testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.
H- 7 - Samples, Tests, Cited Specifications
Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.
H- 8 – Traffic Control and Construction Signing
The contractor is required to submit a construction schedule and traffic control plan for approval. This area is highly used during summer months and the roads and parking lots shall remain open to accommodate travel. No work that endangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the contractor and approved by the CO. Construction signing for traffic control and all work areas shall conform to the Manual of Uniform Traffic Control Devices (MUTCD).
The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.
The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform to Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.
H- 9 – Safety of Operations
The Contractor shall provide a project specific Safety Plan. At a minimum, each Safety Plan shall conform to all OSHA requirements including Section 1926.106. No work on site shall be performed until a Safety Plan has been submitted by the Contractor and approved by the COR.
H-10 - Contract Administration
(a) CONTRACTING OFFICER means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to a contract.
(b) CONTRACTING OFFICER'S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer's Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government.
The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term "Contracting Officer" as used throughout the contract shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.
(c) CONTRACTOR'S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.
H-11 – Work Schedule
A Work Schedule shall define the overall time required to perform the identified work. Each major task, including beginning time and ending time, shall be identified within the schedule. Notify the Contracting Officer whenever there are significant departures from the approved Work Schedule.
Submit any requests to modify the Work Schedule, in writing to the Contracting Officer with an explanation for the deviation.
The project schedule shall be submitted 60 days prior to implementation so activities up Lamoille Canyon can be rescheduled if needed.
H-12 - Subcontract Data
The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be submitted before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flowdown" contract clauses have been included in their contract in accordance with FAR Clause 52.222-11. Completing this form creates no contractual relationship between subcontractors and the Government.
H-13 - Site Superintendent
It shall be the responsibility of the Contractor to provide a responsible site superintendent to represent the Contractor in the field in all matters under this contract including, but not limited to construction, day-to-day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent shall be designated in writing. They shall be available on site in person to respond to any and all problems during normal working hours. The site superintendent shall be responsible for on-site Quality Control.
Site superintendent shall maintain on site a file containing the following project documents.
• Executed Copy of the Contract
• Contract Drawings
• Contract Specifications
• Quality Control Plan – (up to date)
• As-Built Drawing – (up to date) if required
• Work Orders
• Modifications
This file shall be maintained and available to the Contracting Officer upon request. If the Site Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent.
H-14 - Designation of Contracting Officer Representative
Prior to the commencement of work, the COR will be designated. The COR is responsible for administering the performance of the 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 the Contracting Officer prior to the completion of this contract.
H-15 – Washing Equipment
All construction equipment shall be pressure washed before entering National Forest System lands.
The removal of mud and debris from treds, tracks and undercarriage, with emphasis on axles, frame, cross-members, motor mounts, and underneath steps, running boards, and front bumper/brushguard assemblies will be required. The purpose is to reduce or eliminate the transportation of noxious weeds, which is required by Federal and State regulations.
Notify the Contracting Officers Representative (COR) 48 hours in advance of mobilizing equipment to the site to arrange an inspection.
H-16 – Fuel Storage
A written Hazardous Spill Plan may be required for projects which involve fuel storage and refueling actions. The plan shall contain a description of the specific hazardous materials, procedures, and spill containment that will be used, including inventory, storage, and handling. All vehicles carrying fuel will have specific equipment and materials needed to contain or clean up any incidental spills at the project site. Equipment and materials will be specific to each project site, and can include spill kits appropriately sized for specific quantities of fuel, shovels, absorbent pads, straw bales, containment structures and liners, and/or booms. Storing and refueling areas will be located in staging areas away from streams in areas where a spill would not have the potential to reach live water. Containment structures may be necessary if prevention of spilled material from reaching live water cannot be assured.
Should quantities of stored fuel for a project exceed 660 gallons in a single tank; or exceed 1320 gallons for all storage combined; contractors and agency operators will be required to have a standard EPA written Spill Prevention Control and Containment (SPCC) Plan onsite, which describes measures to prevent or reduce impacts from potential spills from fuel, hydraulic fluid, etc.
(40 CFR 112, Oil Pollution Act relating to SPCC Plans).
Storage of fuel and other toxicants within Riparian Conservation Areas (RCA – within 300 feet of live streams) is prohibited. Refueling of equipment may be done within the RCA only at locations approved by the Contracting Officer (CO). Centrifugal pumps used for removing water from structure excavation shall sit in a secondary spill container with sufficient capacity to contain the quantity of fuel in the pump fuel tank. A Spill Prevention & Containment Plan is required and shall be submitted to the CO for approval prior to beginning construction. A spill containment kit shall be available on site that is to accommodate potential spills from the equipment used during construction.
H-17 – Sanitation and Servicing
Contractor shall take all reasonable precautions to prevent pollution of air, soil, and water by Contractor’s Operations. If facilities for employees are established on Contract Area, they shall be operated in a sanitary manner. In the event that Contractor’s Operations or servicing of equipment result in pollution to soil or water, Contractor shall conduct cleanup and restoration of the polluted site to the satisfaction of Forest Service.
Contractor shall maintain all equipment operating on Contract Area in good repair and free of abnormal leakage of lubricants, fuel, coolants, and hydraulic fluid. Contractor shall not service tractors, trucks, or other equipment on National Forest lands where servicing is likely to result in pollution to soil or water. Contractor shall furnish oil-absorbing mats for use under all stationary equipment or equipment being serviced to prevent leaking or spilled petroleum-based products from contaminating soil and water resources. Contractor shall remove from National Forest lands all contaminated soil, vegetation, debris, vehicle oil filters (drained of free-flowing oil), batteries, oily rags, and waste oil resulting from use, servicing, repair, or abandonment of equipment.
H-18 – Prevention of Oil Spills
If Contractor maintains storage facilities for oil or oil products on Contract Area, Contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.
If the total oil or oil products storage exceeds 1,320 gallons in containers of 55 gallons or greater, Contractor shall prepare a Spill Prevention Control and Countermeasures Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer.
Contractor shall notify Contracting Officer and appropriate agencies of all reportable (40 CFR 110) spills of oil or oil products on or in the vicinity of Contract Area that are caused by Contractor’s employees agents, contractors, Subcontractors, or their employees or agents, directly or indirectly, as a result of Contractor’s Operations. Contractor will take whatever initial action may be safely accomplished to contain all spills.
H-19 – Hazardous Substances
Contractor shall notify the National Response Center and Contracting Officer of all releases of reportable quantities of hazardous substances on or in the vicinity of Contract Area that are caused by Contractor’s employees, agents, Subcontractors or their employees or agents, directly or indirectly, as a result of Contractor’s Operations, in accordance with 40 CFR 302.
H-20 – Streamcourse Protection
“Streamcourses” are subject to provisions of this Section. Unless otherwise agreed, the following measures shall be observed to protect Streamcourses:
(a) Contractor’s Operations shall be conducted to prevent debris from entering Streamcourses, except as may be authorized under paragraph (d). In event Contractor causes debris to enter
Streamcourses in amounts that may adversely affect the natural flow of the stream, water quality, or fishery resource, Contractor shall remove such debris as soon as practicable, but not to exceed 2 days, and in an agreed manner that will cause the least disturbance to Streamcourses.
(b) Culverts or bridges shall be required on Temporary Roads at all points where it is necessary to cross Streamcourses. Such facilities shall be of sufficient size and design and installed in a manner to provide unobstructed flow of water and to minimize damage to Streamcourses..
(c) Wheeled or track-laying equipment shall not be operated in Streamcourses, except at crossings designated by Forest Service or as essential to construction or removal of culverts and bridges.
(d) Flow in Streamcourses may be temporarily diverted only if such diversion is necessary for Contractor’s planned construction and Forest Service gives written authorization. Such flow shall be restored to the natural course as soon as practicable and, in any event, prior to a major storm runoff period or runoff season.
H-21 – Landscape Preservation
(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material, which falls outside of these limits, shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.
(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).
Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.
Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.
H-22 – Invoice Processing Platform (IPP)
The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.
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