C04.1240LP26Q0167- Sitgreaves Road Maintenance.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

40LP

OGDEN UT 84401-2310

324 25TH ST

USDA-FS CSA INTERMOUNTAIN 4

8173 CODE 16. ADMINISTERED BYCODE

X

X

237310

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR40LP

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/31/2026

CURTIS LANDRETH

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

09/11/2026 1700 MT

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240LP26Q0167

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 121170198OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

See Schedule

15. DELIVER TO

OGDEN UT 84401-2310

324 25TH ST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$45

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA INTERMOUNTAIN 4

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

DELIVER TO:

USDA FOREST SERVICE

APACHE SITGREAVES NATIONAL FOREST

PO BOX 640

30 S CHIRICAHUA DR

SPRINGERVILLE AZ 85938 US

Region 3 Forest Engineering & Roads Maintenance Blanket Purchase Agreement (FERM BPA)

This opportunity is ONLY available to the Region 3 Forest Engineering & Roads Maintenance Blanket

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

CURTIS R. LANDRETH

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Purchase Agreement (FERM BPA) contractors in

Arizona for the Apache-Sitgreaves National Forest.

Period of Performance: 04/01/2027 to 06/30/2027

0001 Roadway surface blading for passenger vehicles

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

Project Name: CONT 030128 ENG Road Maintenance Solicitation Number: 1240LP26Q0167

Proposal Request Date: 08/31/2026 Proposal Due Date:09/11/2026

BPA No. Issue Date: 08/31/2026

BPA Call No. Issuing and Billing Office: 1240LP- PAST #4 Services and Supply

IPP.gov

Contractor:

BASE ITEM NO. SCHEDULE OF ITEMS QUANTITY UNIT UNIT PRICE AMOUNT

B1.1 Road Surface Maintenance – Double Lane Passenger Car Roads (Pay Item 811(02)) Black Mesa District

53.51 Mile

B1.2 Road Surface Maintenance – Double Lane Passenger Car Roads (Pay Item 811(02)) Lakeside District

45.97 Mile

TOTAL 99.48 Mile

OPTION ITEM NO.

O1.1 Road Surface Maintenance – Double Lane Passenger Car Roads (Pay Item 811(02)) Black Mesa District

23.92 Mile

O1.2 Road Surface Maintenance – Double Lane Passenger Car Roads (Pay Item 811(02)) Lakeside District

8.1 Mile

OPTION ITEM TOTAL 32.02 Mile

Remarks: See Attachments for additional terms and conditions.

Total Price:

Contractor: (Name and Signature)

Requested By:

COR: Jeremiah Muzzy Ordered By: Curtis Landreth

Contracting Officer

Project Name: Apache-Sitgreaves Road Maintenance Solicitation Number: 1240LP26Q0167

1. DESCRIPTION OF WORK: Work for this call order includes maintenance of Forest Service roads on the

Sitgreaves Zone of the Apache-Sitgreaves National Forests. Road maintenance will be performed on the Black Mesa District and the Lakeside District. All work will be done according to the specifications provided with this call order. Road maintenance includes maintenance blading on designated roads and cleaning road ditches and lead out ditches. For all items in this order, no more than 5 miles, per blade, shall be completed in any 24-hour period.

It is understood that surface aggregate materials and conditions are highly variable, and this will be a consideration when evaluating the contractor’s performance.

2. PROJECT LOCATIONS:

Black Mesa District Item #B1.1 Lakeside District Item #B1.2 Road # Begin End Length Road # Begin End Length

NFSR 210 AZ-260 NFSR 122 6.1 NFSR 283 AP-3144 NFSR 271 9.3

NFSR 717 NFSR 169 NFSR 100 7 NFSR 185 NA-182 NFSR 271 5.1

NFSR 122 AZ-260 NFSR 99 6.31 NFSR 187 NA-182 Private Land 3.92

NFSR 84 NFSR 300 NFSR 75 7.1 NFSR 267 AP-3140 NFSR 283 4.55

NFSR 34 NFSR 300 Forest Boundary 21.5 NFSR 132 AZ-260 NFSR 300 8

NFSR 75 NFSR 34 NFSR 34 5.5 NFSR 44 AP-3144 NFSR 3 3.7

53.51 NFSR 182 NA-182 NA-45 5.2

NFSR 136 SL-136 NFSR 300 6.2

Black Mesa District Item #O1.1

Lakeside District Item #O1.2

Road # Begin End Length Road # Begin End Length

NFSR 120 NFSR 34 NFSR 225 3.2 NFSR 96 NFSR 61 AP-3140 8.1

NFSR 225 NFSR 34 NFSR 115 12.7

NFSR 99 NA-504 Wildcat Canyon 8.02

3. BONDING OR PAYMENT PROTECTION: N/A This is a Service bonding is not required.

4. PRICE RANGE:

The estimated price range is: N/A this is considered a service.

5. SPECIFIC WORK REQUIREMENT:

Contractor shall provide all equipment, supplies, superintendence, materials, and labor necessary to complete the work in accordance with the specifications.

Work shall be conducted in accordance with the specifications included in this call order.

Warning signs and temporary traffic control shall be provided and placed in accordance with MUTCD standards while work is in progress.

6. MEASUREMENT AND PAYMENT:

Measurement and payment for all work done on this project shall be in accordance with the specifications provided for this call order.

All invoices shall be processed through IPP.

Contractor shall provide all equipment, supplies, superintendence, materials, and labor necessary to complete the work in accordance with the specifications and drawings.

Work shall be conducted in accordance with the provided specifications for this call order.

Warning signs and temporary traffic control shall be provided and placed in accordance with MUTCD standards while work is in progress.

7. PROSECUTION OF WORK:

(a) All contractor activity shall be limited to the hours between 5:30 a.m. and 7:00 p.m., Monday through Friday, unless other hours are approved in writing by the CO. No maintenance activities shall be performed on the Friday before and Monday after all federal holidays unless approved by the CO. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. Any activities requiring closure to the public shall be scheduled with the COR at least 7 days in advance.

(b) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work. Such actions include, but are not limited to, furnishing and maintaining warning signs while performing road maintenance.

8. COMMENCEMENT PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) (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 December 01, 2023. The time stated for completion shall include final cleanup of the premises.

Work is estimated to begin June 5, 2023.

9. LIST OF Deliverables

Deliverables Referenced by Specification No.

Time of Government Approval After Submittal

Number of Sets

Performance Work Schedule 52.236-15 2 Weeks 1

11. GOVERNMENT FURNISHED PROPERTY:

Item No. Property Description

Property Value Qty Location Date Available

N/A

12. SALVAGE RIGHTS

Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

13. PHYSICAL DATA

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 the Forest Service. Visual Site surveys were performed.

In addition to the hazards listed in the original contract, the following inherently hazardous conditions may exist on the job site: working under heavy equipment, working in fast running water. Contractor shall submit a job-specific safety plan that addresses, at a minimum, the hazards listed in the parent contract and the two additional hazards listed above. The safety plan shall be submitted to the Contracting Officer no later than at the post-award meeting.

14. CONTRACTOR’S REPRESENTATION & RESPONSIBILITY

A. In making formal request for substitution the Contractor represents he/she:

1. Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

3. Will coordinate installation of accepted substitution into the work and will make such changes as may be required for the work to be complete in all respects.

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5. Cost data is complete and includes related costs under the contract, but not:

a. Costs under separate contracts.

b. Contracting Officer costs for redesign or revision of contract documents.

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

15. TRAFFIC CONTROL

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, flagman 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.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings

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

16. CONTROL OF MATERIAL

Rights In and Use of 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 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.

Material Sources

(a) Designated Sources - Sources of local materials are designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

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

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

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with Clauses 52.243-5, Changes and Changed Conditions or Clause 52.236-2, Differing Site Conditions.

(b) Contractor Furnished Sources - When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor furnished source material result in financial disadvantage to the Government. Quality Testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

Storage Stockpiling of Materials

Materials shall be stored to ensure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by the Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at Contractor's expense.

Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

Earthwork Tolerance

Changes within specified tolerances (such as adjustment of horizontal or vertical alignment) shall be made as necessary to maintain earthwork quantities substantially as designed within balance points. Such adjustments shall not be considered as "Changes" under Clause 52.243-5.

17. FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation.

Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

Site visits may be arranged during normal duty hours by contacting:

No formal site visit will be conducted

18. POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offeror is required. The meeting will be scheduled within fourteen days after the date of contract award and held before work begins. The conference will be held electronically or by other agreed upon means.

19. CONTRACTING OFFICER’S REPRESENTATIVE:

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). 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, the Contracting Officer should be notified immediately, preferably in writing if time permits.

COR NAME: Jeremiah Muzzy COR PHONE NUMBER: 928-535-7357 COR EMAIL: jeremiah.muzzy@usda.gov

20. LIST OF ATTACHMENTS

The following attachments are made a part of this solicitation and any resultant contract.

Title Pages

FSSS

Maps Project Drawings Wage Determination General Decision No: 2015-5477 rev 32 dated 08/22/2026

Special Project Specification List Special Project Specifications 3

21. EVALUATION CRITERIA:

TECHNICAL PROPOSAL INSTRUCTIONS

General Proposals shall be submitted in two parts: a technical proposal and a price proposal. Each part shall be separate and complete in itself so that evaluation of one may be accomplished independently of the other.

The price proposal shall be submitted with the solicitation forms.

Offerors are cautioned that sufficient and detailed information must be presented in their proposals to enable the Government to evaluate their proposals fully in accordance with the evaluation and award criteria contained herein. The Government is not obligated to ask for additional information and in the absence of appropriate information, the proposal will be rated deficient.

Price Proposal A completed schedule of items with pricing information completes this requirement.

mailto:jeremiah.muzzy@usda.gov

Technical Proposal Offerors shall submit technical information for their firm and any proposed major subcontractors.

Performance information may be obtained from references provided in the base BPA. Also, the offeror shall submit information that illustrates a technical understanding of the work to be performed.

1) Relevant Past Performance:

Relevant Past Performance shall be obtain from the base Blaket Purchase Agreement (BPA) and utilized for evaluation on this call order.

(2) Technical Approach:

All offerors should show a high level of understanding of the work to be performed. This can be accomplished by submitting with the proposal the following information:

(1) Description of how the work will be performed

(2) Performance Schedule (accomplishing work while meeting weather conditions)

(3) List of equipment to be used

(3) Cost or Price: A completed schedule of items with subsequent pricing information completes this requirement.

EVALUATION CRITERIA

Technical Evaluation Criteria

Technical proposals will be evaluated and rated by a Technical Evaluation Panel. Proposals shall be prepared in accordance with the proposal preparation instructions. The following factors and their associated sub-factors will be used in the technical evaluation process are listed below: Relevant Past Performance and Technical approach of work to be performed.

1) Relevant Past Performance:

a) Relevant Past Performance shall be obtained from the base Blanket Purchase Agreement (BPA) and utilized for evaluation on this call order.

2) Technical Approach:

b) Understanding of Proposed Work: Offeror demonstrates a technical understanding of the proposed work including but not limited to preliminary scheduling, equipment requirements, site conditions and location, project challenges, and material requirements.

(3) Acceptability:

We will view the acceptability of each offer on a Lowest price technically acceptable. An offeror’s documented response to the solicitation will not be deemed acceptable, if not received by the specified closing date and time, and the submitted proposal not clearly demonstrate the offerors understanding the needed work. In such cases the offeror will be viewed as having “failed” this criterion and will not be considered for award. An acceptable offer will receive a “pass” rating and will then be evaluated solely on price.

(4) Cost or Price:

Each acceptable offer will be evaluated for reasonableness of proposal price. This criterion will include consideration of cost information provided. It is the Government's intent to assess the unit prices to determine reasonableness and offeror's understanding of the work and ability to perform the contract. The importance of price may become greater as the differences between technical proposals decrease. Where technical proposals are determined to be substantially equal, price may control award.

(b) Award. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Page 15 of 15Page 12 of 12

Forest Service Supplemental Specifications (FSSS) to FP-24

Apache-Sitgreaves National Forests

Table of Contents

Preface 2

101 - Terms¸ Format¸ and Definitions 3

101.01 Meaning of Terms. 3

101.03 Abbreviations. 3

101.04 Definitions. 4

102 - Bid¸ Award¸ and Execution of Contract 8

Delete Section 102. 8

103 - Scope of Work 9

Delete Subsections 103.02, 103.03, 103.04, 103.05. 9

104 - Control of Work 10

Delete Subsections 104.01, 104.02, 104.04. 10

104.06 Use of Roads by Contractor. 10

105 - Control of Material 11

105.05 Use of Material Found in the Work. 11

106 - Acceptance of Work 12

106.01 Conformity with Contract Requirements. 12

106.02 Visual Inspection. 14

107 - Legal Relations and Responsibility to the Public 15

Delete Subsection 107.05. 15

108 - Prosecution and Progress 16

Delete Section 108. 16

109 - Measurement and Payment 17

Delete Subsections 109.06, 109.07, 109.08, 109.09. 17

109.01 Measurement of Work. 17

109.02 Measurement Terms and Definitions. 18

155 - Schedules for Construction Contracts 19

Delete Section 155. 19

Preface

Preface_wo_05_13_2021

Delete all but the first paragraph and add the following:

The Forest Service, US Department of Agriculture has adopted FP-14 for construction of National Forest System Roads.

101 - Terms¸ Format¸ and Definitions

101.01_National_11_9_2016

Add the following paragraph to Subsection 101.01:

101.01 Meaning of Terms.

Delete all references to the TAR (Transportation Acquisition Regulations) in the specifications.

101.03_National_11_9_2016

Add the following to Subsection 101.03:

101.03 Abbreviations.

(a) Acronyms.

AGAR — Agriculture Acquisition Regulations

AFPA — American Forest and Paper Association

FSAR — Forest Service Acquisition Regulations

MSHA — Mine Safety and Health Administration

NESC — National Electrical Safety Code

WCLIB — West Coast Lumber Inspection Bureau

(f) Miscellaneous unit abbreviations.

MP — milepost location ppm — parts per million volume

STA station location

101.04_National_1_22_2020

Make the following changes to Subsection 101.04:

101.04 Definitions.

Delete these definitions and replace the following:

Bid Schedule — The Schedule of Items.

Bridge — A structure, including supports, erected over a depression or an obstruction such as water along a road, a trail, or a railway and having a deck for carrying traffic or other loads.

Contractor — The individual or legal entity contracting with the Government for performance of prescribed work. In a timber sale contract, the contractor is the “Purchaser”.

Culvert — Any structure with a bottom, regardless of fill depth, depth of invert burial, or presence of horizontal driving surface, or any bottomless (natural channel) structure with footings that will not have wheel loads in direct contact with the top of the structure.

Drawings — (Public Works Contracts) Design sheets or fabrication, erection, or construction details submitted to the CO by the Contractor according to FAR Clause 52.236-21 Specifications and Drawings for Construction. Also refers to submissions and submittals.

Notice to Proceed — (Public Works Contracts) Written notice to the Contractor to begin the contract work.

Right-of-Way — A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Solicitation—(Public Works Contracts) The complete assembly of documents (whether attached or incorporated by reference) furnished to prospective bidders.

Add the following definitions:

Adjustment in Contract Price — “Equitable adjustment,” as used in the Federal Acquisition Regulations, or “construction cost adjustment,” as used in the Timber Sale Contract, as applicable.

Change — “Change” means “change order” as used in the Federal Acquisition Regulations, or “design change” as used in the Timber Sale Contract.

Forest Service — The United States of America, acting through the Forest Service, U.S. Department of Agriculture.

Neat Line — A line defining the proposed or specified limits of an excavation or structure.

Pioneer Road — Temporary construction access built along the route of the project.

Purchaser — The individual, partnership, joint venture, or corporation contracting with the Government under the terms of a Timber Sale Contract and acting independently or through agents, employees, or subcontractors.

Protected Streamcourse — A drainage shown on the plans or timber sale area map that requires designated mitigation measures.

Road Order — An order affecting and controlling traffic on roads under Forest Service jurisdiction. Road Orders are issued by a designated Forest Officer under the authorities of 36 CFR, part 260.

Shop Drawings — (Timber and Stewardship Contracts) Referred to as “Drawings” in FP-14, include drawings, diagrams, layouts, schematics, descriptive literature, illustrations, lists or tables, performance and test data, and similar materials furnished by Purchaser to explain in detail specific portions of the work required by the contract.

Utilization Standards —

The minimum size and percent soundness of trees described in Public Works contract specifications or Timber Sale and IRTC contract provisions to determine merchantable timber.

Add Figure 101-1—Illustration of road structure terms:

Figure 101-1—Illustration of road structure terms.

102 - Bid¸ Award¸ and Execution of Contract

102.00_National_11_9_2016

Delete Section 102 in its entirety.

Delete Section 102.

103 - Scope of Work

103.00_National_11_9_2016

Delete all of Section 103 except Subsection 103.01 Intent of Contract.

Delete Subsections 103.02, 103.03, 103.04, 103.05.

104 - Control of Work

104.00_National_11_9_2016

Delete Subsections 104.01, 104.02, and 104.04.

Delete Subsections 104.01, 104.02, 104.04.

104.06_National_11_9_2016

Add the following to Subsection 104.06:

104.06 Use of Roads by Contractor.

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in the Road Order(s) or described in the contract, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

105 - Control of Material

105.05_National_6_29_2020

105.05 Use of Material Found in the Work.

Delete 105.05 (a) and (b) and the last sentence of the second paragraph and substitute the following:

Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. Place excess material safely at government-approved location, at no additional cost to government.

106 - Acceptance of Work

106.01_National_7_18_2017

Delete Subsection 106.01 and replace with the following:

106.01 Conformity with Contract Requirements.

Follow the requirements of FAR Clause 52.246-12 Inspection of Construction.

References to standard test methods of AASHTO, ASTM, GSA, and other recognized standard authorities refer to the methods in effect on the date of solicitation for bids.

Perform all work to the lines, grades, cross-sections, dimensions, and processes or material requirements shown on the plans or specified in the contract.

Incorporate manufactured materials into the work according to the manufacturer’s recommendations or to these specifications, whichever is more strict.

Plan dimensions and contract specification values are the values to be strived for and complied with as the design values from which any deviations are allowed. Perform work and provide material that is uniform in character and reasonably close to the prescribed value or within the specified tolerance range. The purpose of a tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons.

When standard manufactured items are specified (such as fence, wire, plates, rolled shapes, pipe conduits, etc., that are identified by gauge, unit mass, section dimensions, etc.), the identification will be considered to be nominal masses or dimensions. Unless specific contract tolerances are noted, established manufacturing tolerances will be accepted.

The Government may inspect, sample, or test all work at any time before final acceptance of the project. When the Government tests work, copies of test reports are furnished to the Contractor upon request. Government tests may or may not be performed at the work site. If Contractor testing and inspection is verified by the Government, the Contractor’s results may be used by the Government to evaluate work for acceptance. Do not rely on the availability of Government test results for process control.

Acceptable work conforming to the contract will be paid for at the contract unit bid price. Four methods of determining conformity and accepting work are described in Subsections 106.02 to 106.05 inclusive. The primary method of acceptance is specified in each Section of work. However, work may be rejected at any time it is found by any of the methods not to comply with the contract.

Remove, repair, or replace work that does not conform to the contract, or to prevailing industry standards where no specific contract requirements are noted. Removing, repairing, or replacing work; providing temporary traffic control; and any other related work to accomplish conformity will be at no cost to the Government.

(a) Disputing Government test results. If the accuracy of Government test results is disputed, promptly inform the CO. If the dispute is unresolved after reasonable steps are taken to resolve the dispute, further evaluation may be obtained by written request. Include a narrative describing the dispute and a proposed resolution protocol that addresses the following:

Sampling method;

Number of samples;

Sample transport;

Test procedures;

Testing laboratories;

Reporting;

Estimated time and costs; and

Validation process.

If the evaluation requires additional sampling or testing be performed, mutually agree with the Government on witnessing procedures and on sampling and testing by a third party laboratory. Use a third party laboratory accredited by the AASHTO accreditation program. Provide proof of the laboratory’s accreditation for the test procedures to be used. Do not use the same laboratory that produced the disputed Government test results or that produced the test results used as a basis for the dispute.

The CO will review the proposed resolution protocol and may modify it before final approval and execution.

The Government will use the approved resolution protocol test results to determine the validity of the disputed testing. If the Government test results are validated, the Contractor will be responsible for all costs associated with developing and performing the resolution protocol. If the Government test results are not validated, the Government will be responsible for all costs associated with developing and performing the resolution protocol. If the validity of the Government test results cannot be determined, the Contractor and Government will equally share all costs associated with developing and carrying out the resolution protocol.

(b) Alternatives to removing and replacing non-conforming work. As an alternative to removal and replacement, the Contractor may submit a written request to:

1. Have the work accepted at a reduced price; or

1. Be given permission to perform corrective measures to bring the work into conformity.

The request must contain supporting rationale and documentation. Include references or data justifying the proposal based on an evaluation of test results, effect on service life, value of material or work, quality, aesthetics, and other tangible engineering basis. The CO will determine disposition of the nonconforming work.

106.02_National_11_9_2016

Delete Subsection 106.02 and replace with the following:

106.02 Visual Inspection.

Acceptance is based on visual inspection of the work for compliance with the specific contract requirements. Use prevailing industry standards in the absence of specific contract requirements or tolerances.

107 - Legal Relations and Responsibility to the Public

107.05_National_7_18_2017

Delete Subsection 107.05.

Delete Subsection 107.05.

108 - Prosecution and Progress

108.00_National_11_9_2016

Delete Section 108 in its entirety.

Delete Section 108.

109 - Measurement and Payment

109.00_National_11_9_2016

Delete Subsections 109.06, 109.07, 109.08, and 109.09:

Delete Subsections 109.06, 109.07, 109.08, 109.09.

109.01_National_2_22_2019

Delete the third paragraph and Table 109-1 of Subsection 109.01 and replace with the following:

109.01 Measurement of Work.

Take measurements as described in Subsection 109.02 unless otherwise modified by the Measurement Subsection of the section controlling the work being performed. Table 109-1 indicates the accuracy required for quantities of the various pay units used in the Schedule of Items. Use this guide to determine the decimal placement in the final payment.

Table 109-1

Decimal Accuracy of Quantities for Final Payment

Pay Item

Level of Precision

Linear Foot

Exception--Timber, Steel, and concrete Piles

0.1

Station

0.1

Mile

0.01

Square Foot

0.1

Square Yard

0.1

Each

Acre

0.01

Gallon

M-Gals.

0.1

Cubic Yard

Exception--Structure Excavation; Sheathing

Materials; Bedding, Bed Course, and Backfill

Materials; Gabions;

0.1

Exception--Concrete; Masonry

0.01

Pound

Ton

0.1

Exception--Calcium Chloride;

Sodium Chloride; Hydrated Lime;

Bituminous Materials; Pavements;

Bed Course Materials

0.01

Hour

0.1

MFBM

0.01

Station Yard

Cubic Yard Mile

Ton Mile

109.02_National_11_9_2016

Add the following sentence to Subsection 109.02(b):

109.02 Measurement Terms and Definitions.

(b) Contract quantity.

Contract quantities will be adjusted only when there are errors in the original design of 15% or more.

155 - Schedules for Construction Contracts

155.00_National_11_9_2016

Delete Section 155 in its entirety.

Delete Section 155.

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