1284N819R0010-Pine_Valley_Toe_Drain-final_Solicitation.pdf

REGION 4 UTAH ACQUISITION SUPPORT CENTER INSTRUCTIONAL COVER SHEET

ISSUING OFFICE: U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

UTAH ACQUISITION SUPPORT CENTER

1749 WEST 500 SOUTH

SALT LAKE CITY, UT 84104

SOLICITATION NO.: 1284N819R0010

SET-ASIDE: TOTAL SMALL BUSINESS

OFFERS ARE SOLICITED FOR: PINE VALLEY RESERVOIR TOE DRAIN PROJECT, DIXIE NATIONAL FOREST

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS

SOLICITATION:

1. SF-1442 – Solicitation, Offer and Award (Complete, Date, and Sign)

2. Part I, Section B.1, Schedule of Items

3. Part IV, Section K-1, 52.204-8 Annual Representations and Certifications

4. Part II, Section K-2, 52.204-17 Ownership or Control of Offeror

5. Part II, Section K.4, 52.222-22 Previous Contracts and Compliance Reports?????

6. Part II, Section K.5, 52.222-25 Affirmative Action Compliance

7. Part II, Section I-7, 52.225-9 Buy American Construction Materials (If Applicable)

8. Exhibit #1, Experience and Equipment Questionnaire

9. Exhibit #2, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony

Conviction

10. Attachment D, Subcontractor Reporting Form (if applicable)

11. Attachment G, Bid Bond, SF-24

12. Responses to Technical, Dewatering Plan, Past Performance, Worksite Safety, Experience & Biobased (Detailed in Sections L and M).

It is required that you write the solicitation number on the outside of your envelope. Offers must be mailed or hand delivered (faxed or e-mailed offers will not be accepted). Please keep a copy of your quote for your records.

Return to: USFS - Region 4 - Utah Acquisition Support Center ATTN: Chris Hansen 1749 West 500 South Salt Lake City, UT 84104 Solicitation No: 1284N819R0010

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED AND VALID IN THE SYSTEM FOR AWARD MANAGEMENT – SAM -

DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION.

THE WEBSITE IS WWW.ACQUISITION.GOV; CONTRACTORS SHALL ALSO BE REGISTERED IN THE SAM DATABASE UNDER THE NAICS

CODE THAT THIS SOLICITATION IS BEING ISSUED UNDER, OR DEMONSTRATE THEIR ABILITY TO QUALIFY AS A SMALL BUSINESS UNDER

THE IDENTIFIED NAICS CODE.

http://www.acquisition.gov/

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP 1284N819R0010

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

6/6/2019

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA - Forest Service Region 4, Acquisition Management Utah Acquisition Support Center 1749 West 500 South Salt Lake City, UT 84104

USDA - Forest Service Region 4, Acquisition Management Utah Acquisition Support Center 1749 West 500 South Salt Lake City, UT 84104

9. FOR INFORMATION

CALL:

a. NAME

Chris Hansen

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

(801) 908-1910

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):

PINE VALLEY RESERVOIR TOE DRAIN PROJECT

Cedar City Ranger District

Dixie National Forest

Washington County, UTAH

The Government estimates the project magnitude to be between $250,000 and $500,000.

Proposals are due by Tuesday, July 9, 2019 at 1:00 p.m. (Mountain Time) Local Time. Three (3) copies of the

Proposal may be mailed or hand delivered to:

Utah Acquisition Support Center – ATTN: Chris Hansen

1749 West 500 South

Salt Lake City, UT 84104

Faxed or E-mailed quotes WILL NOT be accepted.

A site visit has been scheduled for Tuesday, June 11, 2019 at 9:00 AM.

11. The Contractor shall begin performance within 10 calendar days and complete it within 120 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F, Clause 52.211-10)

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 3 copies to perform the work required are due at the place specified in Item 8 by 1:00 pm local time on Tuesday, July 9, 2019. 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. (If “is required” see AGAR Clause 452.228-70)

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 30 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)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

Duns No. _________________ TIN: ___________________

CAGE Code (see FAR Provision 52.204-16) ____________

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

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

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

USDA – Forest Service

Utah Acquisition Support Center (UASC)

1749 West 500 South

Salt Lake City, UT 84104

All invoices will be processed using the Department of

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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 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. DATE

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

Pine Valley Reservoir Toe Drain

1284N819R0010

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

B- 1 Schedule of Items

Schedule of Items 2/26/2019

Bid Item Specification Quantity Unit Unit Cost Cost

6 Mobilization & Demobilization 8 1 Lump Sum

1 Clearing 2 0.3 Acre

2 Grubbing 2 20 Each

3 Pollution Control 5 1 Lump Sum

4 Seeding 6 0.3 Acre

5 Construction Surveys 7 1 Lump Sum

7 Removal of Water 11 1 Lump Sum

8 Toe Drain Excavation 21 500 Cu. Yd.

9 Earthfill, Zone I 23 410 Cu. Yd.

10 Earthfill, Zone A 23 440 Cu. Yd.

11 Filter Sand 24 170 Cu. Yd.

12 Gravel Drain 24 140 Cu. Yd.

13 Drain Weir Box 32 1 Each

14 8-inch HDPE Pipe (Slotted) 45 195 Lin. Ft.

15 10-inch HDPE Pipe (Solid) 45 103 Lin. Ft.

16 Precast Manhole 460 1 Each

17 Erosion Control Blanket 466 505 Sq. Yd.

18 Quality Control 94 1 Lump Sum

Base Bid:

Option Items

Opt. 1 Slope Excavation 21 20 Cu. Yd.

Opt. 2 Rock Riprap 61 60 Cu. Yd.

Opt. 3 Riprap Grout 62 10 Cu. Yd.

Opt. 4 Spillway Masonry Repair 465 1,000 Sq. Ft.

Total Option Items:

Total of Base + Option Items:

Name of the Company: _______________________________ Date: _______________________

(please print)

Signature of the Company Agent: ________________________ DUNS Number: _______________

Email Address: _______________________________________ Phone Number: _______________

B-2 Option Items - The Government reserves the right to exercise option items by September 10, 2019.

Pine Valley Toe Drain

1284N818R0010

B-3 Payment for Bond Premiums - Payment for bond premiums in accordance with FAR Clause

52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

SECTION C - DESCRIPTION/SPECIFICATIONS

PINE VALLEY RESERVIOR PROJECT

GENERAL SPECIFICATIONS

C-1 SCOPE OF WORK

This project consists of installing a toe drain at the Pine Valley Dam as shown in the construction drawings. It also includes slope excavation, grouted riprap placement and spillway masonry repair.

The project has been divided into base items and option items. The base work includes constructing the new toe drain and associated items not identified as optional in the drawings and the option items include slope excavation, grouted riprap placement, spillway masonry repair and other items identified as optional in the drawings.

C-2 PROJECT LOCATION

Project is located at the Pine Valley Reservoir within the Pine Valley Recreation Area. The location is searchable in commonly used free navigation apps.

C-3 SPECIFICATIONS

The following specifications are attached. Some sections in the schedule of items refer to other sections not listed and are subsidiary to, or are included in payment for other pay items in this contract. These items are considered incidental and no additional compensation will be made.

Construction specifications

1. Clearing and Grubbing

2. Pollution Control

3. Seeding, Sprigging, and Mulching

4. Construction Surveys

5. Mobilization and Demobilization

6. Water for Construction

7. Removal of Water

8. Excavation

9. Earthfill

10. Drainfill

11. Topsoiling

12. Structural Concrete

13. Steel Reinforcement

14. Plastic Pipe

15. Grouted Rock Riprap

16. Miscellaneous Pipe Appurtenances

17. Maintenance of Masonry

18. Erosion Control Blankets

19. Contractor Quality Control

1284N818R0010

Material Specifications

20. Erosion Control Blankets

21. Aggregates for Portland Cement Concrete

22. Portland Cement

23. Supplementary Cementitious Materials

24. Chemical Admixtures for Concrete

25. Concrete Curing Compound

26. Steel Reinforcement (for concrete)

C-4 SITE LIMITATIONS

The following site conditions are considered incidental to the contract and the contractor will not be paid directly for any of the following items:

A. The following site conditions are considered incidental to the contract and the contractor will not be paid directly for any of the following items:

1. Construction sites will be closed to the public during construction. The reservoir will not be closed to the public. The Forest Service will issue a closure order to the public. The

Contractor will be responsible for signing and limiting public access.

2. Contractor will provide all materials and labor necessary to protect streams, wet or dry, during construction activities. The Contractor will be required to submit a stream protection plan and receive approval from the COR, in writing, prior to the beginning of construction.

3. All construction equipment shall be pressure washed before entering National Forest System lands. The removal of mud and debris from treds, tracks and undercarriage, with emphasis on axles, frame, cross-members, motor mounts, and underneath steps, running boards, and front bumper/brushguard assemblies will be required. The purpose is to reduce or eliminate the transportation of noxious weeds, which is required by Federal and State regulations.

4. Utilities are not available at the site for construction purposes.

5. Toilet facilities and drinking water are available at the site during the normal campground operating season.

C-4 TRAFFIC CONTROL AND CONSTRUCTION SIGNING

B. No work that endangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the contractor and approved by the COR. Construction signing for traffic control shall conform to the

Manual of Uniform Traffic Control Devices (MUTCD). All traffic control signs will be placed in areas adequate for a truck pulling a fifth wheel trailer to be turned around. Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items.

C-5 STAGING AND STORAGE AREAS

A. Areas for staging operations and storage of materials shall be approved by the CO. The Contractor must request in writing for approval from the CO to stage trailers work trailers on site. There is a gravel pit within the recreation area where materials and equipment may be staged without written permission.

1284N818R0010

B. Contractor may camp in the campground, but will be charged the same rate as the public. Camping is subject to site availability.

C-6 INSPECTION OF WORKSITE

A. The contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.

C-7 CONTRACT TIME

Completed by 11/15/2019. Anticipated start date 07/15/2019

C-8 SUBMITTALS

C- 9 PRICE RANGE: Per FAR 36.204, the Government estimates the project magnitude to be between

$250,000 and $500,000.

C-10 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.

Hydraulic Fluid

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

1284N818R0010 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 Section L, Clause L- * - Instructions for the

Preparation of Technical and Business Proposals).

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).

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.

http://www.biopreferred.gov/

1284N818R0010

C- 11 PROJECT SPECIFICATIONS

FP-14 Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects and

Forest Service Supplement.

Copies are available electronically on the U.S. DEPARTMENT OF TRANSPORTATION Federal

Highways Administration website at https://flh.fhwa.dot.gov/resources/specs/fp-14/fp14.pdf .

https://flh.fhwa.dot.gov/resources/specs/fp-14/fp14.pdf

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – https://www.dm.usda.gov/procurement/policy/agar_x/agar04.pdf

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

52.246-13 Inspection--Dismantling, Demolition, or Removal of Improvements (AUG 1996) http://www.acquisition.gov/far

1284N818R0010

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

52.242-14 Suspension of Work (APR 1984)

52.242-15 Stop Work Order (AUG 1989)

F- 2 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 3 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 November 15, 2019 (includes base & any options exercised).

The time stated for completion shall include final cleanup of the premises.

F- 3 FAR 52.236-1 Performance of Work by the Contractor (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least Fifteen percent (15%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

1284N818R0010

SECTION G – CONTRACT ADMINISTRATION DATA

G- 1 Contracting Office

The Utah Acquisition Support Center of the United States Forest Service, Department of Agriculture is responsible for this solicitation, award and administration of the contract. All written correspondence shall reference the contract number and/or solicitation number. Communications shall be directed to:

USFS Region 4 - Utah Acquisition Support Center

ATTN: Chris Hansen

1749 West 500 South

Salt Lake City, UT 84104

Phone: 801.908.1910 e-mail: Christine.M.Hansen@usda.gov

G- 2 Contracting Officer’s Representative

The awarded base contract will have a Contracting Officer’s Representative (COR) designated by appointment letter.

G -3 Subcontracts

Before entering into a subcontract covering any part of the work called for, the Contractor shall inform the

Contracting Officer and submit information required by the Contracting Officer, including a signed SF-

1413 and report the percentage of subcontracting performed on this project (See Attachment D).

G- 4 Measurement

Units of measurement shall be as indicated in the Schedule of Items.

G- 5 Government Furnished Property

None

G- 6 Performance and Payment Bonds

In accordance with FAR 52.228-15, Performance and Payment Bonds-Construction, bonding will be required according to the amount of the contract award.

G- 7 AGAR 425.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a time and location to be determined.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 INCORPORATED BY REFERENCE (FAR 52.252-2) (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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H- 2 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Site Superintendent/Quality

Control Manager.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The

Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

H- 3 Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the

Contractor's employees or resulting from contract operations.

1284N818R0010

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting

Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by

State law, the Contractor shall comply with each of the following provisions to the extent applicable to the

Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard

5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive

Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or

1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a

Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. The Contractor shall provide at a location satisfactory to the Contracting

Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least ¾-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at

150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, and additional 250 feet of 3/4 –inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

H- 4 Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for

1284N818R0010 and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H- 5 Conformity With Drawings and Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H-6 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-7 Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material, which falls outside of these limits, shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting

Officer.

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H-8 Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

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

H- 9 Conformity with Drawings and Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H-10 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.

http://www.ipp.gov/

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

52.202-1 Definitions (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (MAY 2014)

52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY

2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014)

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

2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

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

52.204-12 Unique Entity Identifier Maintenance (OCT 2016)

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

52.204-14 Service Contract Reporting Requirements (OCT 2016)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV

2015)

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)

52.215-2 Audit and Records - Negotiation (OCT 2010)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) (Deviation 2019-O0003)

52.219-8 Utilization of Small Business Concerns (OCT 2018)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (MAY 2018)

52.222-6 Construction Wage Rate Requirements (AUG 2018)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (AUG 2018)

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52.222-9 Apprentices and Trainees (JULY 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (MAY 2014)

52.222-12 Contract Termination - Debarment (MAY 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2018)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (SEPT 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)

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)

52.222-50 Combating Trafficking in Persons (JAN 2019)

52.222-54 Employment Eligibility Verification (OCT 2015)

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

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

(AUG 2018)

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

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

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

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

52.227-4 Patent Indemnity--Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security. (OCT 1997)

52.229-3 Federal, State, and Local Taxes (FEB 2013)

52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-16 Progress Payments. (APR 2012)

52.232-17 Interest (MAY 2014)

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

52.232-27 Prompt Payment for Construction Contracts (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)

52.236-8 Other Contracts (APR 1984)

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

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-16 Quantity Surveys (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-21 Specifications and Drawings for Construction. (FEB 1997) - Alternate I (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-5 Payments to Small Business Subcontractors (JAN 2017)

52.242-13 Bankruptcy (JULY 1995)

52.243-4 Changes (JUNE 2007)

52.244-5 Competition in Subcontracting (DEC 1996)

52.244-6 Subcontracts for Commercial Items (JAN 2019)

52.245-1 Government Property. (JAN 2017)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering--Construction (OCT 2015)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I

(SEPT 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

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 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

I- 2 FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the

Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual

(Committee on National Security Systems Instruction (CNSSI) 4009).

1284N818R0010

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract

Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms…