1205G118R0001_Scatter_Creek.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

1205G118R0001

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

February 7, PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

895994

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Colville National Forest Acquisition Management 765 South Main Colville, Washington 99114

Colville National Forest Acquisition Management 765 South Main Colville, Washington 99114

9. FOR INFORMATION

CALL:

A. NAME

Cathy Van Alyne:

cvanalyne@fs.fed.us

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 509-684-7114

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):

Scatter Creek Road Republic Ranger District, Colville National Forest

Ferry County, Washington State

Price Range: The Government's estimate is: between $1,000,000 and $5,000,000.

Electronic or Facsimile Proposals are Acceptable. Original Bid Guarantee is required; electronic or Facsimile Bid Guarantee is not acceptable. Bid Guarantees must be mailed or hand-carried and received by the February 28, 2018 at 3:00 p.m. pacific time.

Offer Submittal Requirements: See Section L.

This acquisition has been set-aside for HUBZone Concerns (see FAR 52.219-3, Notice of Total HubZone Set- Aside or Sole Source Award in Section I). Offerors must be certified HUBZone Concern with U.S. Small Business Administration. Offers received from other than HUBZone firms will not be considered.

11. The Contractor shall begin performance within 5 calendar days and complete it within * calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F.)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and three copies to perform the work required are due at the place specified in Item 8 by 3:00 p.m. (hour) local time March 9, 2018 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required. (See clause in Section I.)

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

Scatter Creek Road 1205G118R0001 Republic Ranger District, Colville National Forest PAGE 2 of 75

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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. The Government is requesting offerors to be valid for 90 days see block 13.D.

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

AMENDMENT NO.

DATE

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

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

IPP

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

Acquisition Management Colville National Forest 765 South Main Colville, WA 99114

Payments will be processed through the interface between the National Finance Center and Department of Treasurer’s Invoice Process Platform (IPP). All invoices must be submitted electronically in IPP ( www.ipp.gov).

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85) http://www.ipp.gov/

Scatter Creek Road A1205G118R0001 Republic Ranger District, Colville National Forest PAGE 3 of 75

PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Scatter Creek Road Republic Ranger District Colville National Forest

Ferry County, Washington

The offeror must provide a price on all items. Award will be on an all or none basis in accordance with Section M.

ITEM

NO.

DESCRIPTION METHOD

OF MEAS.

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101 Mobilization LSQ Lump Sum

All

25207 Rock Buttress LSQ Lump Sum

All $______

40307 Asphalt concrete pavement, type II, wedge and leveling course

AQ Ton 10,200 $______

41802 Asphalt concrete pavement patching, type I

AQ Square Yard

20 $______

Total Price (All Items) $_____

**Designated Method of Measurement:

AQ - Actual Quantities. These quantities are determined from measurement of completed work.

LSQ - Lump Sum Quantities. These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.

See FP-14 109.02 for Measurement Terms and Definition.

Payment will be made on actual work performed, inspected and accepted as described in FP-14 109.01 unless otherwise noted.

Price Proposal

Unit prices and total item amounts must be submitted for all items and sub-items. Do not round the extended item amounts; provide prices to the nearest cent.

Republic Ranger District, Colville National Forest PAGE 4 of 75

If Offeror does not intend to charge for an item, a price of “0” or “NO COST” should be shown.

Offers for less than the total item may not be considered.

Competitive HUBZone Set-Aside procurement.

This requirement is set-aside for HUBZone firms. All eligible and responsible HUBZone sources may submit a proposal.

Bid Guarantee and Performance and Payment Bonds

A bid guarantee (bond) is required with the Contractor’s proposal. If awarded both a payment and performance bonds will be required. Reference Section I.

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 15101 Mobilization.

System of Award Management Requirement

No award will be made to a Contractor not registered in the System of Award Management (SAM). In addition, the Contractor’s Representations and Certification must be listed in the SAM database.

Reference https://www.acquisition.gov or https://www.sam.gov/portal/public/SAM/.

Note: There is no fee to register and use this site.

During the contract, the Contractor must always have an active status in SAM during the life of this contract. Invoices will be paid using the financial information provided in the Contractor’s SAM profile. Failure to keep an active status may result in payment delays and other administration delays.

Funding

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation’s closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

Note: Due to some of the funding coming from another agency, the Government is requesting 90 days for the offer to be valid.

https://www.acquisition.gov/

Republic Ranger District, Colville National Forest PAGE 5 of 75

SECTION C - DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

Description of Work / Scope of Work

The Colville National Forest located in North Eastern Washington State has a requirement for asphalt surface treatment and slide repairs for Scatter Creek Road (NFS 5300).

This project consists of, but not limited to:

Asphalt Pavement: This consists of pothole repair and a single compacted 2” layer of hot mix asphalt concrete on 7.36 miles of the Scatter Creek Road. The pothole repair will consist of removing 4” deep of unsuitable material at required locations.

The waste material will be hauled to the Swan Butte pit and stockpiled in a location approved by the Contracting Officer. The hot mix asphalt concrete shall meet the requirements of the FP14 and any Forest Service Supplemental Specifications.

Slide Repair M.P. 1.0: This consists constructing approximately a 110’ long by 37’ high Rock Buttress and hauling in approximately 1500 cubic yards of fill material.

Contractor shall furnish all management, labor, equipment, supervision, tools, materials, transportation, operating supplies, supervision, workman’s compensation, unemployment insurance and incidentals necessary to perform the work in accordance with the drawings and specification of the contract.

Project Location

Scatter Creek Road is located in Ferry County, T35N R32E Section 20 and on the Republic Ranger District.

Directions from junction of state highways 20 and 21 south of town of Republic include: Drive south on state highway 21 9.00 miles to Scatter Creek road (NFS 5300). Then turn right onto Scatter Creek road (NFS 5300) and drive 7.36 miles to Swan Lake campground end of project.

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

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

AGAR 452.236-78 Forest Service Standard Specifications for Construction of Roads and Bridges

(NOV 1996)

The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14, 2014, U.S. Department of Transportation, Federal Highway Administration, are included by

Republic Ranger District, Colville National Forest PAGE 6 of 75 reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

The internet site is:

http://flh.fhwa.dot.gov/resources/pse/specs/

Applicable Specifications

Standard and Supplemental Specifications for FP-14 shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specification, are applicable. The Supplemental Specifications shown on the specification list are physically attached.

Special Project Specifications applicable to this contract are attached in Section J.

Project Drawings

The attached listed drawings are part of this solicitation and any resultant contract.

Page 1 Title Sheet Page 2 Site Plan and Government Supplied Pit Location Page 3 Typical Road Section and Paving Details Page 4 Repair Site One

Bio-Preferred Program Requirements – 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 (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) 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.

The following is an example list of products that may be used in this contract for operations and maintenance for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

http://flh.fhwa.dot.gov/resources/pse/specs/

Republic Ranger District, Colville National Forest PAGE 7 of 75

Hydraulic fluids Penetrating lubricants Concrete and asphalt release fluids Absorbents Diesel fuel additives Greases Dust suppressants 2-cycle engine oil Wood and concrete sealers Fertilizers Roof coatings Water tank coatings Adhesive and mastic removers Cleaners Sorbents Floor finish Floor stripper Composite panels Insulating foam Sealers Carpet Metalworking fluids Graffiti and grease removers Stain removers Degreasers De-icers

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.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Bio-Preferred Program, the Contractor is encouraged to use other 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 the contract.

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 (reference Section I, FAR Clause 52.223-2).

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts.

The Contractor must submit a Bio-Preferred operation plan with proposal. It must be reviewed and updated annually and as required by the Contracting Officer and FAR Clause 52.223-2. The Plan must contain and define the following elements:

1. The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

2. Detail on how the Contractor intends to keep abreast of the increasing availability of biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

Republic Ranger District, Colville National Forest PAGE 8 of 75

3. Proposed biobased operations and maintenance 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 must be submitted as stated in clause FAR 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.

Republic Ranger District, Colville National Forest PAGE 9 of 75

SECTION D--PACKAGING AND MARKING

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

Republic Ranger District, Colville National Forest PAGE 10 of 75

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date 52.246-12 Inspection of Construction AUG 1996

Inspection and Acceptance (AGAR 452.246-70) (FEB 1988)

A. The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

B. Inspection and acceptance will be performed at the project site.

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 in compliance with reasonable and customary manufacturing and construction tolerances.

http://www.arnet.gov/far/

Republic Ranger District, Colville National Forest PAGE 11 of 75

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date 52.242-14 Suspension of Work APR 1984

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within five 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 October 10, 2018. The time stated for completion shall include final cleanup of the premises.

Suspension of Work for Other than Government Convenience

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

Notice to Proceed

A Notice to Proceed will be issued in writing by the Contracting Officer or Contracting Officer’s Representative (COR). No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Notice to Proceed.

Required Submittals

The following is a general summary of the required submittals. Other submittals may be required as specified elsewhere in this contract.

Republic Ranger District, Colville National Forest PAGE 12 of 75

Submittal Title Referenced By Specification No.

Submittal Date

Schedule of Work/Progress Schedule Schedules For Construction Contracts

[FAR 52.236-15]

With Proposal and then Updated when Necessary

Job Specific Safety Plan Section H & Accident Prevention clause

[FAR 52.236-13]

With Proposal and updated as Necessary.

Copy of Required Insurance Coverage Section I Prior to Work Starting Fire Plan R6-FS-6300-55 R6-FS-6300-52 part 2 in Section J Prior to Work Starting

Camping Permit Section H Prior to Work Starting Designation of Representative R6-FS- 6300-6

Superintendence by the Contractor

[FAR 52.236-6]

At the Post Award Conference

Notification of Subcontracting & SF1413 - Statement and Acknowledgement for each Subcontractor including Owner/Operators and other Sole Proprietorship Subcontractors [not required for material suppliers]

Subcontracts (Labor Standards)

[FAR 52.236-

11]and Section G

Prior to Subcontractor Starting Work

Payroll Record WH347 Certified Payrolls submitted weekly

Payrolls And Basic Records

[FAR 52.222-8]

Weekly Hard Copy

Drug Free Workplace Policy Drug-Free Workplace

[FAR 52.223-6]

Before Starting Work

Biobased or BioPreferred Products Section C & I With Proposal and then in accordance with FAR 52.223-2

Release of Claims Form Section I Prior to Final Payment Quality Control Plan FP-14 153.02 With Proposal Traffic Control Plan Standard specifications/FSSS 156.03

30 Days prior to intended use

Engineered Spill Prevention Plan Landscape Preservation and Hazardous Materials clause in section H

Prior to Work Starting

Erosion Control Plan As required by Specifications 157.04

With Proposal

Other Submittals Section J As required in Specifications

Republic Ranger District, Colville National Forest PAGE 13 of 75

SECTION G - CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held after the date of contract award. The conference will be held at Colville National Forest Supervisor’s Office, 765 South Main, Colville, Washington.

Note: Post Award Conference

The Contractor shall meet with the Government to discuss contract terms and work performance requirements, Work Progress Schedule, and Fire Prevention and Suppression Plans.

Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the conference.

If the Contractor’s designated representative or foreman does not attend the scheduled post award conference, the Government will reschedule the meeting and will not issue the Notice to Proceed until the foreman is present at the meeting. The meeting must be rescheduled within 3 days. If the Contractor is unable to meet the reschedule date, the contract may be terminated for cause.

Government-Furnished Property

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

Item No. Property Description Qty Location Date Available or Delivery Date

25207 Rock 300 cy Nine Mile Pit When Needed 25207 Crushed Surfacing 50 cy Nine Mile Pit When Needed

Supplemental Definitions

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

A. Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

B. Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

C. Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special Project Specifications.

D. Contract Pay Item - A pay item designated on the bid schedule and described by a specification.

Republic Ranger District, Colville National Forest PAGE 14 of 75

E. Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

F. Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the Contracting Officer’s Representatives are defined in a letter of designation issued by the Contracting Officer.

G. Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

H. Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

I. Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

J. NCCP Inspector/ COR - The person(s) appointed in writing by the Contracting Officer to conduct and document inspections according to contract specifications and provisions and to assist the primarily COR. The NCCP inspector’s / CORs authorities are strictly limited, not to exceed the authority to issue to the Contractor a Notice of Noncompliance.

K. Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

L. Materials - Any substances for use in the construction of the project and its appurtenances.

M. Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.

N. Original Contract Quantities - Those quantities shown in the Schedule of Items as awarded.

O. Right of Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.

P. Schedule of Items - Schedule in the contract which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

Q. Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to Standard Specifications.

R. Specifications - A general term applied to all written directions and requirements pertaining to performance of work.

Republic Ranger District, Colville National Forest PAGE 15 of 75

S. Standard Specifications - Specifications established for Region wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.

T. Utility Services - Are services such as electricity, gas, steam, water and sewage.

U. Work Order - An order written by the Contracting Officer or Contracting Officer’s Representative, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

Designation of Contracting Officer's Representative (COR)

A. The Contracting Officer will designate a representative (or representatives), hereinafter referred to as the Contracting Officer’s Representative (COR) who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designations will be furnished to the Contractor before or at the post award conference. The Contractor is cautioned to read the COR designation(s) because certain authority under the contract is reserved solely for the Contracting Officer. The term “Contracting Officer” as used through the Specifications, shall be interpreted in include the Contracting Officer’s designated representative (s) acting within the limits of their delegations of authority.

B. The COR does not have authority to make any commitments or changes that affect price, quality, quantity, delivery or other terms and conditions of the contract nor in any way direct the contractor or its subcontractors to operate in conflict with the contract terms and conditions. The COR cannot redelegate their authority to another person.

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 a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

C. The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

D. On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

Notification of Subcontracting

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

Republic Ranger District, Colville National Forest PAGE 16 of 75

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

E. A copy of the Statement of Acknowledgement form (SF-1413) must be provided to the Contracting Officer prior to any subcontractor work beginning.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

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 must register at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

The Contractor must attach a detailed invoice in IPP.

Contract Release

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations:______________"

Public Officials Not Personally Liable

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

http://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

Republic Ranger District, Colville National Forest PAGE 17 of 75

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

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 observations and measurements.

B. Weather conditions: Typical NE Washington weather.

C. Transportation facilities: Paved and Unpaved Roads.

D. Other Physical Data: Mountainous Terrain

E. Elevation: 2,500 to 3,000 feet

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, and damage to vegetation or structures outside the clearing limits shall be repaired 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, bitumen, 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 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.

C. Prevention of Oil Spills - If the Contractor maintains storage facilities for oil or oil products on the Project 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 or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare a Spill Prevention Control and Countermeasure

Republic Ranger District, Colville National Forest PAGE 18 of 75

(SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

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 tolerance.

A. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

C. Government inspections and tests are for the sole benefit of the Government and do not--

1. Relieve the Contractor of responsibility for providing adequate quality control measures;

2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (I) below.

D. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

F. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

Republic Ranger District, Colville National Forest PAGE 19 of 75

G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

Construction Stakes, Lines and Grades

A. Unless a Pay Item for Construction Staking is included in the Schedule of Items, the Government will set initial construction stakes establishing lines, slopes, and continuous control points, reference lines, and bench marks for other structures and improvements and will furnish the Contractor with all necessary information relating to lines, slopes, and grades.

B. These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting Officer.

C. The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor’s negligence or operation.

D. In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.

Rights in and Use in Materials

A. The Contractor, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand, or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace without additional compensation sufficient

Republic Ranger District, Colville National Forest PAGE 20 of 75 suitable materials to complete the portion of the work which was originally contemplated to be constructed with such material.

B. Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to reimburse the Contractor for the cost of their production.

Traffic Control

Reference the Specifications located in Section J for traffic control information.

Job Specific Safety Plan

Prior to allowing any work to commence on the project, the Contractor shall provide a written job specific safety plan that recognizes the inherently hazardous conditions that will exist on this contract.

Some of these hazardous conditions are, but not limited to: blasting, heavy equipment operation, traffic control on haul routes, loading and unloading of materials, site security, noises and dust contract and the use of personal protective equipment (PPE) in the work area. The plan shall be in accordance with OSHA Regulations. The plan shall include all tasks and related activities anticipated to successfully complete the work.

Safety Items

(a) 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. This list shall not be deemed to be all inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the work site.

(b) The following checked activities have been identified by the Government as potential safety hazards.

[] Confined Entry Space.

[X] Temporary excavation/deep trenching/slope stability.

[] Tree Felling.

[X] Fall hazard from work heights exceeding six feet.

[X] Blasting [X] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[X] Heavy equipment operation.

[] Suspended loads [] Tree climbing and/or tower climbing.

[X] Fire hazards.

[X] Hazard materials handling.

[X] Electrical hazard.

[X] Hydraulic and/or pneumatic and/or other high pressure hazards.

[] Mechanical hazards such as pulleys, springs, etc.

[X] Power tool operation including eye protection.

[X] Overhead hazards.

[] Steep slopes and /or downed logs

Republic Ranger District, Colville National Forest PAGE 21 of 75

[X] Insects.

Personal Protective Equipment

1. 29 CFR 1910 Subpart I, OSHA’s General Industry Personal Protective Equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

2. Before a worker begins operating equipment, the Contractor will train the workers in the safe operation and use of equipment.

3. The Contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract/task order, whenever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes:

• Head Protection

• Hearing Protection

• Eye/Face Protection

• Leg Protection

• Foot Protection

• Hand Protection

4. PPE must be sanitary and in reliable condition. Contractor must not use defective or damaged PPE.

PPE must be inspected by the Contractor prior to use on each work shift to ensure it is in serviceable condition.

5. A checklist of applicable PPE guidelines typical for the work performed under this contract/task order is provided at the internet links below. This does not relieve the Contractor of the responsibility of performing a risk assessment or providing the necessary PPE for their operations.

Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or OSHA 3151-12R 2003 Personnel Protective Equipment Booklet. The booklet can be found at https://www.osha.gov/Publications/osha3151.pdf .

6. The Contractor shall be in compliance with the all field sanitations. OSHA’s established minimum standards for field sanitation is applicable to this contract/task order. Refer to Fact Sheet # 51 Field Sanitation Standards under the Occupational Safety and Health Act.

Prosecution of Work

A. This area is a popular recreation site for the public.

B. The Contractor may encounter other contractors performing work on projects in the area.

C. Contractor must conduct work in such a manner as to protect the public and USFS staff.

Republic Ranger District, Colville National Forest PAGE 22 of 75

Use of Premises

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

B. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Forest Service land or lands administered by the Forest Service, the Contractor shall obtain written permission from the appropriate Ranger District. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

If permission is granted, a work order will specify all conditions and requirements. Sanitation facilities shall be provided for all employees of the Contractor and members of the campsite.

C. It is further stipulated that in addition to clean-up of any campsites, the Contractor shall remove his equipment from National Forest Service land before final acceptance and payment of the contract.

D. The Contractor shall provide and maintain sanitary facilities. There shall be a minimum of one toilet for each ten employees. Solid waste shall be dispose of in accordance with applicable Federal, State and local regulations.

Washing of Equipment