A-7FinalOharaCulvertRFP.docx

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Issuing Office:

USDA – Forest Service Region 1, Acquisition Management Idaho Montana Acquisition Team Grangeville Office, 104 Airport Road Grangeville, ID 83530

Offers Are Solicited For:

O’Hara Culvert Replacements Phase 2

Moose Creek Ranger District Nez Perce-Clearwater National Forests Idaho County, Idaho

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. Note: An offer guarantee (Bid Bond) IS REQUIRED. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)

FS-6300-45 (11/79)

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - 5

SECTION C - DESCRIPTION/SPECIFICATIONS 6 - 9

SECTION E - INSPECTION AND ACCEPTANCE 10

E- 1 – Inspection of Construction

SECTION F - DELIVERIES OR PERFORMANCE 11

SECTION G – CONTRACT ADMINISTRATION DATA 12

SECTION H - SPECIAL CONTRACT REQUIREMENTS 13 - 20

H- 15 - Invoice Processing Platform (IPP)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 21 - 30

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 31 - 43

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K- 1 - Annual Representations and Certifications K- 2 - Incorporation by Reference of Representations and Certifications K- 3 – Corporate Tax Delinquency/Felony Conviction Representation

L- 4 - Facsimile Proposals and E-Mail Proposals

for Construction

SECTION M - EVALUATION FACTORS FOR AWARD 56 - 58

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12034318R0014

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

4/27/2018

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

897392

6. PROJECT NO.

USDA - Forest Service Region 1, Acquisition Management Idaho Montana Acquisition Team Grangeville Office, 104 Airport Road Grangeville, ID 83530

USDA - Forest Service Region 1, Acquisition Management Idaho Montana Acquisition Team Grangeville Office, 104 Airport Road Grangeville, ID 83530

KAREN RUKLIC

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

(208) 983-5144 or email: kruklic@fs.fed.us

SOLICITATION

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

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

O’HARA CULVERT REPLACEMENTS PHASE 2

Moose Creek Ranger District Nez Perce-Clearwater National Forests

Idaho County, Idaho

Price Range: The Government’s estimate is between $100,000 and $250,000.

**FAXED OFFERS ARE NOT ACCEPTABLE. ORIGINAL BID BONDS ARE REQUIRED. OFFERS MUST BE MAILED OR HAND-CARRIED AND RECEIVED BY WEDNESDAY, MAY 30, 2018 AT 4:00 PM LOCAL TIME.

11. The Contract time shall begin upon receipt of contract |_| notice to proceed and shall be completed no later than September 30, 2018. This performance period is |_| mandatory, |_| negotiable. (See Section F, Clause 52.211-10, Alt I

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

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

OMB APPROVAL NO. 2700-0042

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

Duns No. _________________

CAGE Code (see FAR Provision 52.204-16) ____________

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

· ACCOUNTING AND APPROPRIATION DATA

USDA – Forest Service Idaho Montana Acquisition Team Nez Perce-Clearwater NFs Grangeville Office - 104 Airport Road Grangeville, Idaho 83530

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

KAREN RUKLIC

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

BY

31c. DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

SECTION B - SUPPLIES OR SERVICES AND PRICES

O’Hara Culvert Replacements Phase 2 Nez Perce - Clearwater National Forests Moose Creek Ranger District Idaho County, Idaho

SCHEDULE OF ITEMS B-1: SITE 4 - Road 651 MP 2.60 Culvert 48” Install

QTY

(Fiber Rolls & Socks ref.713.12b)

Method A (24”CMP)

(measured in-place)

(measured in-place)

(Tal = 1200 lb/ft min)

(Tal =400 lb/ft min)

0.138- inch thickness for Steel

TOTAL PRICE (All Items Schedule B-1):

SCHEDULE OF ITEMS B-2: SITE 7 – Road 651 MP 3.42 Culvert Replacement

Method A

(measured in-place)

(measured in-place)

(Tal = 1200 lb/ft min)

(Tal =400 lb/ft min)

Method 2 (GF) (measured in the hauling vehicle)

0.138- inch thickness for Steel

TOTAL PRICE (All Items Schedule B-2):

TOTAL PRICE (All Items Schedules B-1 & B-2):

(GF) = GOVERNMENT FURNISHED

Guidance regarding how a given pay unit is measured and /or paid is found within the FP-14 Standard Specification, Section 109.02b Measurement Terms and Definitions for each given pay unit, within the given technical specification for the Item described and within the Item Description in the Schedule of Items.

* Contractor shall give a price per hour under Item 15 – 62201 X Hydraulic Excavator with Thumb and Item 16 - 62201 Y Large Dump Truck for additional work above the estimated quantities that is encountered during the contract performance. Although priced under Schedule of Item B-1 specific to Site 4, equipment rental may be ordered at Site 4 or Site 7. See clause H-8 for additional information.

** Note: All items detailed in the Schedules of Items above are actual quantities except for those items denoted in bold with a **. These items are contract quantities as defined in the FP-14 Standard Specifications, Section 109.02(b). The Variation in Estimated Quantities clause provided in full text in Section I applies to these items.

B-3 PRICE PROPOSAL INSTRUCTIONS: Complete Schedules of Items B-1 and B-2. Provide total amounts for all Items 1-31 and unit prices for all items not designated as Lump Sum. Provide unit prices to the nearest dollar and do not round the extended totals. The government intends to make one contract award from this solicitation.

B-4 – Bonding: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under Item 1 - A15101 Mobilization. The above pay items are actual quantities unless noted.

B-5 OFFER SUBMITTAL: As your offer, submit a completed and signed Standard Form 1442, the completed Schedule of Items, a Technical Proposal, an original bid bond, a completed Section K and a completed Verification of Worker’s Compensation Insurance Form (provided in Section J). Corporate offerors are also required to submit forms AD-3030 and AD-3031 (provided as attachments to the solicitation). Technical and price proposals are required for evaluation of offers. See Section L for proposal instructions and Section M for evaluation/award information.

Electronic or facsimile proposals are NOT acceptable.

B-6 ADDITIONAL CLASSIFICATION REQUIRED – DAVIS-BACON GENERAL WAGE DECISION ID180051, 04/06/2018: A wage rate for an Excavator Operator shall be conformed after award in accordance with FAR 52.222-6 Construction Wage Rate Requirements (MAY 2014) and direction provided in the subject Wage Decision. The most recent wage rate approved by the Department of Labor for this classification was $28.60 per hour rate with $11.85 fringe benefits (Fall 2017).

B-7 IDAHO USE TAX Under Clause 52.236-7, Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission at (208) 799-3491. See Schedule of Items and Section C-2 for a description of the GFP to be provided under this contract.

SECTION C - DESCRIPTION/SPECIFICATIONS

C-1 - PROJECT DESCRIPTION AND LOCATION

1. Scope of Contract. This contract requires road reconstruction, culvert installation and related road maintenance work in compliance with its terms, specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals except those designated as Government Furnished. This project is being performed in collaboration with the Nez Perce Tribe Watershed program. The goal of the partnership is to use restoration techniques to improve watershed function. This project is also partially funded through Collaborative Forest Landscape Restoration Project (CFLRP). The goal of the CFLRP project is to utilize collaborative, science based ecosystem restoration techniques to improve watershed function while encouraging ecological, economic and social sustainability with an emphasis on providing local employment opportunities.

1. Description of Work. This project requires the performance of work at two locations along the FS Road 651.

1. Site 4 (MP 2.6, Road 651) Remove an existing 24”CMP and replace with a 48” x 100’ CMP pipe as shown in the drawings. The new 48” pipe will be located approximately 30’ from existing 24” cmp. Due to the depth of fill slopes, geogrid stabilization for full width and depth of excavation will be required on outlet fill slope. Excavation is estimated at 3200 CY of material of which 600 CY consists of sediment material at inlet of pipe to bring stream back to natural grade. Sediment material shall be hauled to the designated waste or as directed by CO. Work includes, approximately 100’ stream restoration from the inlet upstream and rock weir placement, placing riprap at inlet and outlet slopes, rebuilding the road prism, replacement of surfacing along with all other work necessary to complete the project as required by the contract, plans, and specifications.

2. Site 7 (MP 3.42, Road 651) Remove an existing 18” CMP and replace with a new 36” x 122’ CMP pipe. Geogrid stabilization for full width and depth of excavation will be required on both the inlet and outlet fill slope. Excavation is estimated at 5100 CY of material. Work includes placing riprap at inlet and outlet slopes, rebuilding the road prism, replacement of surfacing along with all other work necessary to complete the project as required by the contract, plans, and specifications.

1. Project Location. From Kooskia, Idaho, travel 23 miles East on Highway 12 to Lowell, ID and the junction of FS Road 223. Turn right on Road 223 and travel approximately 7 miles to junction of FS Road 651. Turn right and travel 0.62 miles to beginning of project.

1. Project Magnitude. Government Cost Estimate, per FAR 36.204, is between $100,000 and $250,000.

1. Pre-Bid Tour. No pre-bid tour is planned. For more information phone Keith Webb (907) 202-1375 or email randallwebb@fs.fed.us.

1. Start Work. Contractor shall notify CO in writing 14 days prior to starting work. It is estimated that work will begin on June 15, 2018.

1. Construction Timing. All work must be completed by September 30, 2018. In-stream equipment operation is restricted to July 1 through August 30, 2018 for the work required at Site 4. No in-stream equipment operation restriction applies to the work required at Site 7. Contractor shall notify CO in writing 10 days prior to any road closure. The cumulative period for full road closures on Road 651 shall not to exceed 30 days. (See additional clauses in Section F).

C-2 - GOVERNMENT FURNISHED MATERIAL

· Waste Site- The designated site is the Government owned O’Hara Pit located in Section 25, T.32 N., R.7 E., B.M. on FS Road 651 at MP 0.62.

· Roadway Aggregate – Item 30201 is located within the Government owned O’Hara Pit located in Section 25, T.32 N., R.7E., B.M. on FS Road 651 at MP 0.62.

See Section I, Clause 52.245-1 for further details.

C-3 - STANDARD SPECIFICATIONS

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14, are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract. Copies of these Specifications are available on the internet or can be sent upon request.

C-4 - FOREST SERVICE SUPPLEMENTAL SPECIFICATIONS

Forest Service Supplemental Specifications entitled Appendix A - O’Hara Culverts Replacements Phase 2 are included as a separate attachment to this solicitation (see Section J).

NOTE THAT THE SUPPLEMENTAL SPECIFICATIONS INCLUDE THE MAJOR SPECIFICATIONS APPLICABLE TO THIS PROJECT. OTHER SPECIFICATIONS REFERRED TO WITHIN THESE SPECIFICATIONS (EVEN THOUGH NOT SPECIFICALLY LISTED HEREIN) ARE ALSO FULLY APPLICABLE TO THIS REQUEST FOR PROPOSALS AND ANY RESULTANT CONTRACT.

C-5 – DRAWINGS (Entitled “O’HARA CULVERT REPLACEMENTS PHASE 2”)

The following drawings are a part of this solicitation and any resulting contract and are found in a separate attachment in Section J.

C- 6 BIOBASED PRODUCT UTILIZATION

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.

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.

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).

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.

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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – https://www.dm.usda.gov/procurement/policy/agar.htm.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F- 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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – https://www.dm.usda.gov/procurement/policy/agar.htm.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F- 2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (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 September 30, 2018. The time stated for completion shall include final cleanup of the premises.

**In-stream equipment operation is restricted to July 1 through August 30, 2018 for the work required at Site 4. No in-stream equipment operation restriction applies to the work required at Site 7.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 1, 2018. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F- 3 AGAR 452.211.74 Period of Performance (FEB 1988)

The period of performance of this contract is from effective date of the Notice to Proceed through September 30, 2018.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful quoter is required. It will be scheduled and held within 30 days of the commencement of work. The conference will be held at Nez Perce– Clearwater National Forests Grangeville Office, 104 Airport Road, Grangeville, ID 83530. An alternate location may be selected by mutual agreement.

G-2 - 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 prework 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 Specifications, shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – https://www.dm.usda.gov/procurement/policy/agar.htm.

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 key personnel identified in the accepted technical proposal.

(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 FAR 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the plans and in the specifications are the result of site investigations by Forest Service specialists making physical determination based on surface observations.

(b) Transportation Facilities. Roads are closed by snow in late fall and winter months. Access to the project is from the junction of Highway 12, a paved two lane state highway open year around. Selway River Road, FS Road 223, is a paved two lane county maintained road. Follow FS Road 651 to MP 0.5 and beginning of project. FS Road 651 is a single lane gravel road with turnouts.

(c) Material Sources. Item 30201 Roadway Aggregate is located within the Government owned O’Hara Pit located in Section 25, T.32 N., R.7E., B.M. on FS Road 651 at MP 0.62.

H-4 BARRICADES, WARNING SIGNS, AND OTHER DEVICES

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 with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

As a minimum, it is anticipated that the following type and number of signs will be required:

The following signs will be required through the whole project:

Location

Designation

Quantity

*The cumulative period for full road closures on Road 651 shall not to exceed 30 days.

H-5 LANDSCAPE PRESERVATION

(a) Do not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for treatment. This does not include access roads. Confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Retrieve material which falls outside of these limits and dispose of, or incorporate in the work.

Preserve the scenic and natural environment along this construction project.

(b) Do not allow objectionable material to enter any stream, river, lake, or other body of water. Retrieve material which falls in these areas and dispose of, or incorporate in the work, and repair damage to vegetation or structures outside the project limits.

(c) Do not operate equipment or otherwise disturb the natural vegetation and soil beyond the construction limits.

H-6 ENVIRONMENTAL PROTECTION

The contractor is required to have a spill plan. The plan will 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.

All pumps and generators used in or near streams will have appropriate spill containment structures and/or absorbent pads in place during use.

When storage facilities for oil or oil products are on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or any other body of water. If a spill of petroleum product should occur in water, immediately notify the Contracting Officer and appropriate state agencies.

Service all equipment only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Meet all applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

Contractor shall ensure that all personnel involved in handling and packaging the hazardous materials are trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Provide handling and personal protective equipment appropriate to ensure safe handling of the hazardous material according to 29 CFR 1910.120). Notify the Forest Service in writing of all hazardous material that may be brought onto the National Forest.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. The contractor must clean up spills or leaks in a manner that complies with Federal, state, and local laws and regulations and to the satisfaction of the CO. When necessary provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

Equipment Fuel/Oil Leakage All equipment used for instream work will be cleaned of external oil, grease, dirt and mud; and leaks repaired; prior to arriving at the project site. All equipment will be inspected by the Contracting Officer’s Representative before unloading at site. Any leaks or accumulations of grease will be corrected before entering streams or areas that drain directly to streams or wetlands.

Equipment used for in-stream or riparian work (including chainsaws and other hand power tools) will be fueled and serviced in an area approved by the CO. When not in use, vehicles will be stored in the designated staging area. The staging area should be in an area that will not deliver fuel, oil, etc. to streams.

Contractor is required to have a Spill Kit or equivalent that contains oil-absorbing floating booms, and other equipment such as pads and absorbent “peanuts” appropriate for the size of the stream, available on-site during all phases of construction. For small streams with few pools or slack water, booms may not be effective. Use pads and straw bales to anchor booms if necessary. Booms will be placed in a location that facilitates an immediate response to potential petroleum leakage.

H-7 NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment prior to entry on to national forest land. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only clean construction equipment inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in. "Construction equipment" does not include pickup trucks and personal vehicles.

Erosion control items such as Straw/Hay Bales or Waddles shall be certified as “Weed Free”. The source field shall be inspected and certified by the county extension agent from the county that the straw/hay is grown. Each shipment onto the forest shall be accompanied by a certification tag stating that it is weed free. The contractor shall furnish the forest service with a statement of certification.

H-8 EQUIPMENT RENTAL

Items 15-16 require furnishing and operating equipment for work ordered by the CO. Work ordered shall be of the same general type outlined within the project specifications and shall occur on the project site or at locations within the general vicinity that are utilized for this specific project (i.e. waste sites, government borrow/material locations, access roads, haul routes and/or temporary material storage sites). In general, this work shall accomplish the following objectives: remove unsuitable material, improve site drainage, control erosion and abate dust on the project site/access routes/haul routes, and improve stream function and floodplain/fish habitat.

This work shall be authorized in advance by the Government; there is no guarantee that any hourly work will be ordered. Make equipment available for inspection and approval before use. Furnish and operate equipment with such auxiliary attachments, oilers, etc., as are customarily required for efficient operation of the equipment. Keep the equipment in good repair and operating condition. Daily written records, such as shift tickets to record the number of unithours of operation are required to be signed and submitted with invoices. Do not measure time for moving equipment between project work sites. Do not measure non-operable equipment or equipment dependent upon another piece of non-operable equipment.

Payment. The working rate specified in the Schedule of Items shall be paid for all hours of actual operation of equipment on authorized work. Only quantities approved by the CO shall be accepted under this contract. The accepted quantities will be paid at the contract price per unit of measurement for the Rental Equipment pay item listed in the schedule of items. Payment will be full compensation for the work done and accepted. Adjustment of contract prices as described in FAR 52.211-18 Variation in Estimated Quantities shall not apply to hourly work. The Government reserves the right to reduce or eliminate entirely the work under this item with no adjustment in the contract unit prices.

H- 9 AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.

H- 10 LOSS, DAMAGE OR DESTRUCTION

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

H- 11 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- 12 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- 13 LOCAL MATERIAL SOURCES

(a) Designated Sources--Sources of local materials will be designated on the drawings. The Government assumes 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.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads. Any Contractor royalty payment requirements will be stated below.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with the Differing Site Conditions and Changes clauses.

(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-14 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-15 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.

Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

H-16 IDAHO WORKER’S COMPENSATION LAW

(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the Contractor must provide a completed State of Idaho Certificate of Verification of Workers’ Compensation Insurance form to the Government. This form will be submitted to the Idaho Industrial Commission by the Government in order to assure that the Contractor in line for award has the required worker’s compensation coverage or is exempt from the requirement for coverage.

(b) A copy of the State of Idaho Certificate of Verification of Workers' Compensation Insurance form has been provided for use in Section J and shall be completed and submitted as part of the offer.

(d) This certificate of verification shall be fully executed by the Contractor and signed by the Industrial Commission Compliance Officer prior to issuance of the Notice to Proceed.

H-17 CONTRACTOR WORKFORCE CERTIFICATION

Upon the request of the Contracting Officer, the Contractor shall submit a written report containing the following elements:

· Contractor Name and Address

· Contract Number

· Date of Report

· Identification of individual Contractor and Subcontractor employees, and identification of the city and state in which each individual employee maintains a primary residence.

· The following statement: “I hereby certify that this list identifies all Contractor employees and subcontractor employees engaged in performance of this contract, and that the information contained in this report is accurate as of the date of this report.”

· Contractor signature and date of signature.

H-18 CONDITIONS ON USE OF PREMISES (Camping)

1. Camping will be allowed only at the sites designated on the project maps or approved in advance by the District Ranger.

1. No improvements of a permanent nature shall be constructed without prior written approval of the C.O.R.

(c) Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. Final payment will not be authorized until the campsite has been cleaned up and the site is approved by the Contracting Officer or his designated representative. Reusable native material may be neatly stacked for future use.

1. Livestock will not be permitted without written approval from the Contracting Officer.

1. Vegetation shall be undisturbed to the maximum extent possible. The Contractor will be permitted to cut only those trees designated by the COR.

1. Storage of petroleum products in excess of 50 gallons at the campsite will require the approval of the COR. All petroleum spills shall be immediately cleaned up. All spills will be reported immediately to the CO or COR. Spills over 25 gallons will be reported to CO and the Idaho State Department of Enviromental Quality. No waste disposal of petroleum product will be permitted on National Forest land.

1. Chemical toilets are preferred for all campsites.

1. Refuse including waste materials, garbage, and rubbish of all kinds, shall be disposed of in the following manner, and shall guard the purity of streams and living waters:

Garbage, trash, sewage waste, and other litter shall be kept in closed fly-proof containers and periodically hauled to an approved disposal facility located outside of the National Forest.

1. No waste or by-products shall be discharged if it contains any substances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies.

1. The camp area shall be maintained to present a clean, neat, and orderly appearance. Disposal of trash and debris, unusable machinery, Forest Service authorized improvements, etc., shall be kept current. Building materials, firewood, etc., shall be neatly stacked.

(k) The campsite shall be left in a clean condition.