FinalRFP.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, Idaho 83530

Offers Are Solicited For:

Wolf Creek Bridge Replacement NFSR 36 (MP 6.7)

Libby Ranger District Kootenai National Forest Lincoln County, Montana

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

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 1 - 2

Standard Form 1442, Solicitation, Offer, and Award

SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - 4

SECTION C - DESCRIPTION/SPECIFICATIONS 4 - 9

SECTION E - INSPECTION AND ACCEPTANCE 10

E- 1 - Clauses Incorporated by Reference

SECTION F - DELIVERIES OR PERFORMANCE 11

SECTION H - SPECIAL CONTRACT REQUIREMENTS 12 - 18

H-10 - Invoice Processing Platform (IPP)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 19 - 28

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 29 - 39

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K- 1 - Annual Representations and Certifications K- 2 - Incorporation by Reference of Representations and Certifications

L- 4 - Facsimile Proposals and E-Mail Proposals

for Construction

SECTION M - EVALUATION FACTORS FOR AWARD 56 - 58

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12034319R0007

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

4/25/2019

PAGE OF PAGES

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

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

954269

6. PROJECT NUMBER

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 NUMBER (Include area code) (NO COLLECT CALLS)

(208) 983-5144 OR EMAIL: karen.ruklic@usda.gov

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 number, date):

Wolf Creek Bridge Replacement NFSR 36 (MP 6.7)

Libby Ranger District Kootenai National Forest Lincoln County, Montana

Price Range: The Government’s estimate is between $500,000 and $1,000,000.

Estimated Period of Performance: 7/15/2019 – 10/15/2020 (Construction is expected to occur between 7/15/2020 – 10/15/2020 with all instream work completed after 7/15/2020).

**FAXED OFFERS ARE NOT ACCEPTABLE. ORIGINAL BID BONDS ARE REQUIRED. OFFERS MUST BE MAILED OR HAND-CARRIED AND RECEIVED BY FRIDAY, MAY 24, 2019 AT 4:00 PM PST.

11. The Contract time shall begin upon receipt of contract |_| notice to proceed and shall be completed no later than 10/15/2020. 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.)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NUMBER (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 required 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.)

Please complete this block.

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

23. 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

STANDARD FORM 1442 (REV. 8/2014) BACK

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

WOLF CREEK BRIDGE REPLACEMENT NFSR 36 - M.P. 6.7

Kootenai National Forest Libby Ranger District Lincoln County, Montana

B- 1 Schedule of Items

Total (All Items): $____________________________________

Designated Method of Measurement: AQ - Actual Quantities, LSQ - Lump Sum Quantities;

CQ – Contract Quantities

* Contractor shall give a price per hour under Items 62201a Hydraulic Excavator with Thumb and 62201b Large Dump Truck for additional work above the estimated quantities that is encountered during the contract performance. The Government does not guarantee any additional quantities will be purchased. See H-12 for additional details.

** All Items with Pay Units designated as Cubic Yard shall be measured in-place per FP-14 Section 109.02(c).

B-2 NOTE: Payment for bond premiums in accordance with Caluse 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-14 109.01 unless otherwise noted.

B-3 OFFER SUBMITTAL: As your offer, submit a completed and signed original Standard Form 1442, a completed Schedule of Items (Section B-1), a Technical Proposal, an original bid bond, and a completed Section K. For government filing purposes, offerors shall also submit an electronic file containing of all offer documents on a USB drive with its hardcopy offer. 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.

SECTION C - DESCRIPTION/SPECIFICATIONS

C-1 PROJECT DESCRIPTION AND LOCATION

(a) Description of Work. The contract requires replacement of the Wolf Creek Bridge that is along NFSR 36 MP 6.7 on the Kootenai National Forest. Work includes but is not limited to temporary bridge detour, bridge removal, bank shaping, pile driving and associated cast-in-place pile cap/grade beams, supply and installation of precast concrete grade bulb tee beams, supply and placement of riprap, installation of paved approaches, supply and installation of guardrail, object markers, site restoration and all other incidental items necessary to complete the project in accordance with the plans and specifications. The contractor shall furnish all labor, equipment, supervision, transportation, operating supplies, and incidentals except those designated as Government furnished.

(b) Project Location . The project is located on National Forest System Road 36 at Milepost 6.7. The site can be accessed by NFSR 36. The Bridge crosses Wolf Creek. From Libby take Hwy 37 east then turn south on NFSR 763 that is adjacent to the Fisher River for approximately 10 miles. Then east on NFSR 36 for 6.7 miles to Wolf Creek Bridge.

(c) Price Range. Government Cost Estimate, per FAR 36.204 is between $500,000 to $1,000,000.

(d) Pre-Bid Tour. A pre-bid tour shall not be held.

Prospective bidders wishing to inquire about possibly visiting the site on their own may obtain directional information by contacting Ken Wickward (406) 283-7527 or Tim Rusdal (406) 283-7766 at the Forest Supervisor’s Office, Kootenai National Forest, for additional information on site location.

(e) Pre-Bid Conference. A pre-bid conference will not be held.

(f) Start Work. Work on the project site shall commence approximately July 15, 2020.

(g) Completion Deadline. The contract shall be completed by October 15, 2020.

(h) Work Site Safety – The Contractor shall provide and maintain safe work environments and procedures accordance in with applicable FAR 52.236-13 Accident Prevention Alt I, OSHA regulations and requirements within the standard and supplemental specifications. See Section I for further details.

(j) Submittals – Contractor is responsible for and shall submit, at a minimum and at addressed times, all items listed within the FP-14 and the FSSS.

(k) Permits –The Forest Service will obtain the necessary stream preservation permits for this project and the contractor is responsible for adhering to the stipulations of these permits.

(l) Utilities –The contractor is responsible for obtaining for location of all utilities prior to ground disturbance. Damaged utilities shall be repaired at the Contractors expense.

C-2 SPECIFICATIONS

This project makes use of Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14) U.S. Customary Units. FP-14 is included by reference only and can be found on the internet at the following website: https://flh.fhwa.dot.gov/resources/specs/fp- 14/fp14.pdf. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

C-3 FOREST SERVICE SUPPLEMENTAL SPECIFICATIONS (FSSS)

The following Forest Service Supplemental Specifications are a part of this solicitation and any resulting contract and are provided as separate attachment in Section J. Supplemental Specifications (FSSS) include additions and revisions to the Standard Specifications (FP-14).

Preface

**NOTE: 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 proposal and any resultant contract.

C-4 PROJECT DRAWINGS (entitled “WOLF CREEK BRIDGE REPLACEMENT ROAD NO. 36 – M.P. 6.7”)

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

C-5 TEMPORARY FACILITIES AND UTILITIES

Staging Area - The Contractor shall coordinate with the CO on a staging area location. The Contractor shall operate all equipment and store, transport, and handle materials in a manner that will not damage the existing roads and Forest property.

See Forest Service Supplemental Specification 105 and the Drawings for additional access and staging information.

Restoration by Contractor

All areas disturbed by the Contractor's operations, such as, but not limited to, staging, camping and construction areas, shall be restored by replacing topsoil and grading to the original contours, as set forth in the Contract Documents. The cost of all work necessary for site restoration shall be included in the Contract Price, and no additional compensation shall be provided.

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.

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 – http://www.dm.usda.gov/procurement/policy/agar.html.

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 10/15/2020. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the Notice to Proceed by July 15, 2019 in order to facilitate early order placement for materials with long lead times. Work on the site is not anticipated to commence until approximately July 2020. 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 bond(s) within the time specified in the offer.

**All in-stream work shall take place after July 15, 2020 unless otherwise approved by the Contracting Officer (CO).

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

The period of performance of this contract is from date of Notice to Proceed issuance through October 15, 2020.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 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 Contracting Officer.

1. No improvements of a permanent nature shall be constructed without prior written approval of the Contracting officer.

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 CO.

1. Storage of petroleum products in excess of 50 gallons at the campsite will require the approval of the CO. All petroleum spills shall be immediately cleaned up. All spills shall be reported immediatly to the CO or CO. Spills over 25 gallons or that cause a sheen on surface water shall be reported to 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, however, the Contractor may be permitted to construct a slit trench when conditions warrant. Any slit trench constructed shall not be located closer than 400 feet to any live stream and is subject to approval of the CO. The trench shall be covered and the area restored to as natural a condition as possible when the camp is closed.

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. Waste water shall be disposed of in a leach pit located at least 300 feet from springs, streams, and lakes. The pit shall be a minimum of 2 x 2 x 2 feet and shall be filled with rock two to eight inches in diameter. The leach pit shall be covered with at least two feet of compacted soil when the camp is closed.

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.

Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would 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.

The campsite shall be left in a clean condition. Any clean-up work not accomplished by the Contractor at time of camp closure will be done by the Forest Service, and the actual cost of such clean-up will be deducted from payment otherwise due the Contractor.

H- 2 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 drawings and in the specifications are the result of site investigations by drilled borings and visual site investigation. The boring locations are shown on Sheet 5 of the plans and the logs can be found on Sheets 13-14.

(b) Weather conditions for July and August typically have high temperatures near 85 degrees and low temperatures near 45 degrees and typically little measurable precipitation. September and October are cooler with a slightly higher chance of rain.

(c) Transportation facilities - Access to the site will require crossing multiple bridges with Forest Service jurisdiction. For any/all overweight loads destined for the job site, the contractor shall submit load information and axle configuration for review and issuance of an overweight permit separate from the any DOT overweight permit. The Forest Service has a Bridge Use Application Permit that will need to be filled out and submitted at least two weeks in advance.

H- 3 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

1) Project Superintendent

2) Site Manager

3) Project Contractor Quality Control (CQC)

(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- 4 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 fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.

H-5 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-6 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 the work area. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only construction equipment so cleaned and 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.

Prior to the initial move-in, and all subsequent move-ins, the Contractor shall make all construction equipment available for inspection by the Forest Service at an agreed upon location. The Contractor shall give the Forest Service at least 24 hours advance notification when equipment is ready for inspection.

Straw/Hay Bales 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-7 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-8 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-9 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-10 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-11 Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS).

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

H-12 EQUIPMENT RENTAL

Items 62201a and 62201b require furnishing and operating equipment for work ordered by the CO. Work ordered 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). Work is to correct minor site discrepancies not noted in the contract documents that occurred between award of contract and implementation of work needed to result in a complete project. Examples of work may include:

a. Excavating and placing embankment,

b. Slide removal,

c. Drainage and roadway repair,

d. Haul and placement of material such as rocks, logs, or debris, or

e. Sign or gate installation.

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 shall record the number of hours of operation ordered. 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.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 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 – http://www.dm.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

(APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES