GP Quarry Development Solicitation_12363N22Q4058.doc

Gifford Pinchot National Forest 12363N22Q4058

GP Quarry Development

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

USDA – Forest Service

Stewardship IRSC PPS Gifford Pinchot National Forest

10024 US HWY 12

Randle, WA 98377-9201 See Contract Time

FOB DESTINATION

09/12/2022; 2:30 PM (Pacific) To: darren.zychek@usda.gov submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

GP Quarry Development Mt. St. Helens Ranger District

Gifford Pinchot National Forest

Skamania County, WA State

PLEASE PLACE YOUR QUOTE IN SECTION B - SCHEDULE OF ITEMS

Furnishing Quotation: Complete Standard Form 18, Section B, Section K, Experience Questionnaire and Section L as your quote. Return to the address shown in Block 5a. Please place “Solicitation No.

12363N22Q4058” on the envelope.

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

UEI: DUNS No._____________ CAGE Code (see FAR Provision 52.204-16) ________________

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

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

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

GP Quarry Development

Cowlitz Valley and Mount Saint Helens Ranger Districts

Gifford Pinchot National Forest

Skamania County, WA State

B- 1 Schedule of Items

B- 2 Quote on all items. Only quotes to the nearest cent will be accepted.

B- 3 Written Acceptance Any Purchase Order resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

B- 5 Basis of Award

One award will be made. Offer of award will be made to the Quoter(s) whose quote, as determined by the Contracting Officer, provides the best value to the Government, considering but not limited to, such factors as price, past performance, and capability to accomplish this type of work. The technical proposal will be used as part of this evaluation.

B-6 Notes:

1. Pay item 15201 Construction Survey and Staking includes survey of stockpiled quantity. Rock is measured in place in stockpile, loose cubic yards.

2. Pay item 31401 Stockpiled Aggregate is to be measured in place, in stockpile, loose CY. This pay item includes rock excavation, blasting, crushing, and stockpiling material. Refer to FP-14 section 205 for blasting requirements.

3. Pay item 31403 Development of government furnished source includes construction access roads within the quarry, clearing and grubbing, stripping topsoil, removing overburden, restoration activities, and performing any other incidental work necessary for quarry development.

4. Pay item 20424 includes haul of material from 125 Quarry to Big Creek Quarry, and stockpiling. Location of stockpile to be marked in field by COR.

5. Government may unilaterally exercise option items until November 30, 2022.

6. AQ = Actual Quantities, CQ = Design (Contract) Quantities, LSQ = Lump Sum Quantities

7. Road construction equipment operating in known areas of noxious weed infestations shall be cleaned prior to leaving the area. Cleaning of this equipment is incidental to pay item 15101.

8. Traffic Control section 156 & 635 incidental to pay item 15101.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

General Specifications

C- 1 Scope of Contract

The project consists of the following major items of work:

1. Drilling/ Blasting/ Ripping Rock in 125 Quarry

2. Crushing/ Screening/ Testing Rock in 125 Quarry

3. Stockpiling Rock and Surveying quantity in 125 Quarry

4. Hauling Rock from 125 Quarry to Big Creek Quarry (Option Item)

5. Stockpiling Rock and Surveying quantity in Big Creek Quarry (Option Item)

Development of quarry and other incidental work shall be in accordance with FP-14 section 314 and 205, and with US Mine Safety & Health Administration (MSHA) 30 CFR, part 56 https://www.ecfr.gov/current/title-30/chapter-I/subchapter-K/part-56. Conduct all blasting operations and activities in accordance with warnings and instructions adopted by the Institute of Makers of Explosives (IME) contained in box of explosives and blasting caps.

C- 2 Location and Description

The project is located on the Gifford Pinchot National Forest, on the Cowlitz Valley and Mt Saint Helens Ranger Districts, in the State of Washington.

125 Quarry: From the 90 road, turn North on FR 25 for 11.4 miles. Turn right on 2500590.

Big Creek Quarry: From Randle, turn South on WA 131 for 0.9 miles, merge right onto FR 25. Continue for 18.3 miles, turn right on 2500201. (Big Creek Quarry is a 14.3 mile haul from 125 Quarry.)

C- 3 Price Range

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

C- 4 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.

Fertilizers Dust Suppressants 2-Cycle Engine Oil

Penetrating Lubricants Hydraulic Fluids Greases

Concrete and Asphalt Release Fluids Absorbents Wood and Concrete Sealers

Diesel Fuel Additives

Hydraulic Fluids Penetrating Lubricants Diesel Fuel Additives

Multi-purpose Lubricants Degreasers Lube Chain Lubricants

Glass Cleaners Chain Bar Lubricants All Purpose Cleaners

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Experience Questionnaire, pages **).

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 and Section L, FAR Provision 52.223-1).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

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

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

· Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

· The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

C- 5 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.

No Government Furnished Property will be used on this contract.

C- 6 Government Quality Assurance

Quality assurance will be performed by the Government during the contract at regular intervals. Methods may include visual survey and review of Contractor quality control documents. Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction.

C- 7 Contractor Quality Control

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.

Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

A description of the site specific quality control inspection plan shall be provided within thirty (30) days of contract award. The plan shall include; (1) control procedures for security of Government-provided items such as keys, and lock combinations; (2) location of the inspection documents; (3) corrective or preventive actions that will be taken to meet quality standards; and (4) a customer comments feedback system.

C-8 Prosecution of Work

(a) General:

The contractor shall conduct activities so that interference with the public is kept to a minimum.

(b) Timing Restrictions:

Wildlife Restrictions (Work NOT Permitted During These Dates)

(c) Transport & Delivery – Use of Roads by Contractor:

The Contractor is authorized to use roads that are part of the construction project and those Forest Service Roads designated below for performance of work under this contract.

Forest Roads 25, 2500201, 2500590

Load Limits – All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, overwidth permits.

Coordinate planned transport and delivery dates with the Contracting Officer and Contracting Officers Representative. The Contractor shall notify the Contracting Officer a minimum of 3 working days before transporting any material.

Traffic Control Plan – Contractor is responsible for submitting a traffic control plan. See C.5 (e) for review requirements. Contractor shall perform no work that interferes or conflicts with traffic or existing access to the roadway surface until the required traffic control management plan is submitted and approved. Contractor shall not to proceed with work on the project until all required signs and safety devises are in place and approved. During transport on USFS roads, contractor shall provide sufficient traffic control in compliance with MUTCD standards and standard specification sections 156 & 635 in order to control and protect public traffic. Contractor shall be responsible for traffic control during the equipment & material transport on Forest Service land. Quarry roads must be signed during construction activities, sign with “Trucks Entering and Leaving” signs when hauling material.

Overload Limit & Overwidth Permits (As required)- All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, overwidth permits. Forest Service overload permits for this project may be obtained by contacting the Cowlitz Valley District Ranger District, and/or the Gifford Pinchot National Forest Bridge Program Manager located at Forest Headquarters. See C.5 (e) for review requirements.

(d) Road Closure Contractor shall close the quarry access road, and may temporarily close other roads necessary, for blasting and crushing operations. The contractor shall keep all other Forest Roads open to all traffic. Unexpected road closures shall be reported to the CO immediately.

C-9

APPLICABLE SPECIFICATIONS AND MATERIAL CERTIFICATIONS LISTED

(a) Applicable Specifications:

References to Standard Specifications in the contract refer to the Forest Service Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14.

Sections 100 through 149, and other Standard Specifications, listed on the Specification List, are included in this solicitation by reference only. Specifications not on the list but referenced by other Standard Specifications, shall also be applicable to this document.

The project Supplemental Specifications are also given on the Specification List but are attached in Section J. All requirements contained on the Specification List are hereby made a part of this solicitation and any resultant contract.

Product Substitution:

Any modification of other items, designs, materials, products or equipment (including Government-Furnished Property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

(b) General Guidelines for Submittals:

Submittals are required by the following specifications:

See table in subsection (e) below.

Work requiring submittals shall not begin until submittals have been approved.

Submittals shall include:

Date and Revision Dates.

Project Name and Contract Number.

Names of Contractor, Subcontractor, Supplier, and Manufacturers.

Field Dimensions and Relation to Adjacent Structures.

Contractor's stamp, initialed or signed, certifying review of submittal, verification of field measurement and compliance with contract documents.

Samples:

Physical examples shall illustrate materials, equipment, or workmanship, and establish standards by which completed work shall be judged. Samples shall be of sufficient size and quantity to illustrate the functional characteristics of product or material, with integrally related parts and devices.

Manufacturer's requirements:

Supply manufacturer's catalog sheets or brochures with diagrams, schedules, or performance charts. Illustrations shall be clearly marked to identify pertinent materials or models, dimensions, and clearances required. Supplement standard drawings to provide information unique to this project.

Approval or Rejection Time Allowance:

Submittals will be reviewed and either approved or rejected within 30 calendar days of receipt. Review time begins from date of receipt by Contracting Officer.

(d) Shop Drawing Submittals:

Shop drawings, where required, are to be submitted to the CO. See C.5 (e) for review requirements.

(e) Material Certifications, Testing Reports & Other Submittals:

The following plans, details, specifications, designs, certificates, test reports, samples and test data shall be submitted on this project (see table below for number of copies required). See AGAR section 452.236-76 for timely submittal and approval by Contracting Officer.

Reference Number

Of

Copies

To Section Allowable Time for Government Approval

After Receipt, by the CO, of Submittal

(Working Days)

Weather-Caused Suspensions of Work Plan

Fire Plan

FSSS 301

* Contractor is required to notify CO 5 working days prior to first quality control testing at 125 Quarry. A CO representative must be onsite for each initial site testing unless contractor receives written documentation stating otherwise.

C-10 Attachments To Statement Of Work/Specifications (AGAR 452.211-73)

(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.

C-11 Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (AGAR 452.236-78)(NOV 1996)

The STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS, FP-14, U.S. CUSTOMARY UNITS, is included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

C-12 Construction Plans Copies of the plans pertinent to this project have been attached in section J.

PART I - THE SCHEDULE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services - Fixed-Price (AUG 1996)

E- 1 Quality Assurance Inspections

(a) The Government will perform periodic review of the Contractor's Quality Control Procedures, Plan, Inspection Reports, and customer comments.

(b) Quality Assurance Inspections will be made by random sampling or entire inspection of the work, and follow up of customer comments. When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor.

(c) Periodic means one (1) review each month, but may be done more frequently if necessary.

(d) Work that does not meet the contract requirements will be brought to the Contractor's attention. Repetitive or continuous failure to meet contract requirements may result in a quality adjustment to payment or the Contractor's right to proceed may be terminated.

PART I - THE SCHEDULE

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)

52.242-15 Stop Work Order (AUG 1989) F- 1 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days after the date the Contractor receives the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

Estimated start work date:

09/22/2022 F- 4 AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from __Date of Award______ to __90 Post Award____________.

PART I - THE SCHEDULE

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of the pre-work meeting.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

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 task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

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.

G- 2 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.

FAR 4.1102 Contractors must be “active” in the System for Award Management at the time of receipt of quote to be considered for the selection and award. Failure to be “active” will preclude a technical rating of unacceptable. Please monitor your SAM.gov profile to ensure an “active” rating through the submission of the quote.

PART I - THE SCHEDULE

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996) H- 1 AGAR 452.237-74 Key Personnel (FEB 1988)

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

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H- 2

LANDSCAPE PRESERVATION

EROSION CONTROL MEASURES

Within 5 working days after receipt of the notice to proceed, the Contractor must submit an Erosion Control Plan. See C-9 (e) for review requirements

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.).

(c) 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 from concrete or aggregate operations shall not be allowed to enter live steams 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.

(d) Prevention of Oil Spills - If the Contractor maintains storage facilities for oil or oil products on Project Area, appropriate preventive measures shall be taken to insure 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.

(e) If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a professional engineer registered in Washington State.

CLEANING OF EQUIPMENT

Cleaning of Off-Road Equipment used by the Contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the Forest Service prior to moving each piece of equipment onto the project. Upon request from the Forest Service, arrangement will be made for Forest Service to inspect each piece of equipment prior to it being placed into service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, and plant parts. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The Contractor shall certify in writing, compliance with the above requirements. "Off-road Equipment" includes all machinery other than log trucks, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis.

PLAN FOR WEATHER-CAUSED SUSPENSIONS OF WORK

The Contractor shall prepare a plan for weather-caused suspensions of work to ensure preservation of resources affected on the work site or sites. The plans shall be consistent with the requirements in the LANDSCAPE PRESERVATION clause contained in this contract. The plan shall be submitted in writing to the Contracting Officer for review within 5 working days of the notice to proceed. See C.5 (e) for review requirements. The plan shall distinguish between short-term shut-downs caused by intermittent weather activity and longer-term shut-downs associated with the advent of winter. If rejected by the Contracting Officer, the Contractor shall revise the plan and re-submit it for consideration within 3 working days of verbal or written notification by the Contracting Officer. The Contractor shall take action consistent with the plan before suspending activity on the site(s). Acceptance of the plan by the Contracting Officer in no way waives any of the requirements of the LANDSCAPE PRESERVATION clause.

H-3 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- 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.

H- 5 Weed-Free Equipment In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

H-6 Personal Protective Equipment

(a) The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

(b) Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

(c) Defective or damaged personal protective equipment shall not be used.

(d) The Contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

(e) The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

(f) The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

(g) The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

(h) The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

H-7 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). Although the expected amount of this project is below the automatic reporting threshold, an evaluation may be entered into the CPARS system.

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

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation may 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-8 Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

H-9

USE OF PREMISES

(a) Forest Service Regulations for Use of Campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes.

(b) A storage site will be permitted within the project area. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment, however, the fence shall be removed and the site restored prior to final acceptance of the contract.

(c) Permanent and temporary electrical power is not available on site for construction use.

(d) Sanitary facilities are required and are to be provided by the Contractor on the first day of work.

(e) Potable and non-potable water is to be provided by the Contractor.

H-10

DEFINITIONS AND ABBREVIATIONS

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:

Building Limits - A line 5 feet outside foundations of the structure.

Calendar Day - Every day shown on the calendar, Sundays and holidays included.

Change Order - A written order issued by the Contracting Officer, to the Contractor documenting modifications within the scope of the contract.

Contract Amendment - A bilateral written supplemental agreement between the Government and the Contractor.

Contract Time - The number of calendar days allowed by the contract for the completion of the work.

Contracting Officer's Representative (COR) - The duly authorized representative of the Contracting Officer, responsible for on-site administration of the contract within the limits of specific written delegation of authority.

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

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.

Forest Supervisor - The person, or designated representative, responsible for administration of a National Forest.

Inspector - The Government authorized representative designated in writing by the COR responsible for detailed inspections of contract performance, within delegation of authority.

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

Notice of Non-Compliance - Written notice issued detailing specific area(s) of Non-Compliance with contract requirements.

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

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

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.

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

Utility Services - Services such as electricity, gas, steam, water and sewerage.

Working Day - Every day shown on the calendar, except Saturdays, Sundays, and Federal or local holidays.

Work Order - A written instruction directing the Contractor to fulfill contract requirements.

Reference to a specific standard or specification shall mean the latest edition or amendment in effect on date of invitation to bid.

––-–––– ACRONYMS –––––––

FED. SPEC.

FS

Federal Specifications

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

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Entities (JUL 2018)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.222-3 Convict Labor (JUNE 2003)

52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (MAY 2018) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEPT 2016) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

52.222-41 Service Contract Labor Standards (AUG 2018)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) 52.222-50 Combating Trafficking in Persons (JAN 2019)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JULY 1995) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.224-1 Privacy Act Notification (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-11 Extras (APR 1984)

52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (MAY 2014)

52.232-25 Prompt Payment (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer—System for Award Management (OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-1 Disputes (MAY 2014) Alternate I (DEC 1991)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.243-1 Changes--Fixed-Price (AUG 1987) Alternate I (APR 1984) 52.243-4 Changes (JUNE 2007)

52.244-6 Subcontracts for Commercial Items (AUG 2019)

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-25 Limitation of Liability - Services (FEB 1997) 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (APR 1984)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.251-1 Government Supply Sources (APR 2012)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988)

452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) I- 1

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within ___30 Days__.

“Deviation”: The following line items, in part or in whole, by schedule number may be awarded by the Government after…