24R0020 Allison Erickson Dam Decommision Restoration Solicitation (AutoRecovered).pdf

Solicitation No: 1240LU24R0020 Project Name: Allison and Erickson Dam Removal & Restoration

FAC 2024-05 May 22, 2024

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

B.2 SCHEDULE NOTES

SECTION C—DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-2 MAGNITUDE OF CONSTRUCTION PROJECT

As per FAR 36.204, Disclosure of the magnitude of construction projects, the estimated price range of this project (base combined with options) is:

a) Between $500,000 and $1 million

C-3 PERIOD OF PERFORMANCE

C-9 CLEANUP AND DISPOSAL

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

FAC 2024-05 May 22, 2024

RESPONDENTS

L.1 PROVISIONS

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 PROPOSAL EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

FAC 2024-05 May 22, 2024

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

SEE ATTACHMENTS: Schedule of Items Allison Erickson Base Schedule of Items Allison Erickson Option

B.2 SCHEDULE NOTES

a) Abbreviations used in Bid Schedule

* LSQ = Lump Sum Quantity ** LS = Lump Sum

* CQ = Contract Quantity ** CY = Cubic Yard

* AQ = Actual Quantity ** SY = Square Yard ** SF = Square Foot

** LF = Linear Foot

b) Construction contracts, in excess of $35K, requires Performance and Payment Bonding, for 100% of the contract price, due to the Contracting Officer within 10 days of contract award (see FAR 52.228-15, pg. 25 of this solicitation). Construction contract proposals, in excess of $150K, require a Bid Guarantee to be included with proposal submission to be considered for contract award. (See FAR 52.228-1, pg.46 of this solicitation). Bond premiums shall not be in addition to the contract price. Include bond premiums under 15101 Mobilization.

c) The pay items in the BID SCHEDULE may have suffixes that do not appear on the pay items in the specifications. They pertain only to sizes, classes, and/or types indicated in the item "Descriptions,” and are used by the Government for computer tabulation of bid schedules.

d) Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

e) One award will be made from this solicitation, contractors must submit pricing for all items for proposal to be considered for award. Round to the nearest cent.

f) One contract will be awarded to the responsive and responsible bidder offering the best value to the Government (see Section M – Evaluation Factors for Award).In the event of an error in extending the bid prices, unit prices will govern, unless otherwise determined by the Contracting Officer, in accordance with applicable regulations.

g) Offers for Quantities less than those listed in the numbered items may be rejected.

FAC 2024-05 May 22, 2024

h) The successful Contractor must be registered in the System for Award Management (SAM) data base (reference Section I, FAR 52.204-7) before an award is issued. Complete the Representations and Certifications electronically via the System for Award Management (SAM) website at https://www.sam.gov THIS IS A FREE REGISTRATION.

i) This is a Request for Proposal (RFP); no public opening will be held. Results will not be made public prior to award. Offers submitted in response to this RF will not be returned and will be retained by the U.S. Forest Service for official record purposes. This RFP does not commit the Government to pay any costs incurred in the preparation or the submission of an offer, or to make any award.

j) Contractor must provide acknowledgement of Amendment(s) (If Any)

Company Name: POC & Title:

Email: Phone Number:

UEI Number: Tax ID:

FAC 2024-05 May 22, 2024

SECTION C—DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 PROJECT DESCRIPTION AND LOCATION

a) Scope of Contract. This contract involves decommissioning of the Allison and Erikson dam complexes and restoration of the drainage to a native wetland habitat. The project will be broken into two projects (Base and Option). Depending on USFS funding available, both options may be awarded simultaneously. The Base option includes decommissioning of the two primary dams (Allison 1 and Erikson 1) and restoration in the immediate areas.

The Option includes decommissioning the remainder of the dams/impoundments in the area, and restoration of the associated areas.

b) See the Schedule of Items for a detailed breakout of work items for each Option.

c) Project Location.

Allison Pond 1 is located about 15 miles West of Elk City, ID.

ALLISON POND 1: 45.835914 N 115.590011 W

Head north on USFS Dr toward American River Rd 197 ft Turn left onto American River Rd 0.3 mi Turn right onto Main St/Mother Lode Rd / Continue to follow Main St 0.5 mi Continue onto ID-14 W 12.0 mi Turn right onto National Forest Development Rd 1858/Newsome Bridge Rd/Newsome

Creek Rd 0.3 mi.

Turn right onto Old Elk City Wagon Rd

Ericson Pond 1 is located about 7 miles North of Elk City, ID.

ERICSON POND 1: 45.903515 N 115.479171 W

Head southwest on American River Rd toward Main St/Mother Lode Rd Turn right onto Main St/Mother Lode Rd Continue to follow Main St 0.2 mi Turn right onto Old Elk City Wagon Rd/Sweeney Hl Rd 0.1 mi Turn right onto Rd 1854/Elk Creek Rd 3.2 mi Turn left onto American River Rd/Erickson Ridge Rd/Falls Point Rd 0.9 mi Turn left onto American River Rd/Falls Point Rd/Table Meadows Rd

d) Prebid Tour. There will be an optional pre-bid tour on Wednesday, August 28,2024, at 10 PDT / 11 MDT at Red River Ranger District in Elk City, ID. Please contact Zac Hiedeman, zachary.hiedeman@usda.gov, if you will be attending the optional prebid tour. Offerors are encouraged to visit the site on their own. Access questions can be directed to the Red River Ranger District, 208-842-2245.

Project Questions may be directed to the Contracting Specialist, Daniel Franco

FAC 2024-05 May 22, 2024 daniel.franco@usda.gov; Contracting Officer’s Representative, Zac Hiedeman, zachary.hiedeman@usda.gov, 406-946-2866, or Teresa Morales, teresa.d.morales@usda.gov, telephone 406-274-0281.

e) Statement of Work.

The restoration project includes the following elements:

1. Repair and improve site access roads.

2. Remove and dispose of existing outlet works (concrete, pipes, steel, etc.).

3. Remove existing dam embankment.

4. Place new site fills to dispose of dam embankment materials, flatten bank slopes, and create wetland habitat with limited detention storage.

5. Add new rock-armored spillways.

6. Regrade stream channel to connect to downstream wetlands.

7. Add Beaver Dam Analogs in new channel and floodplain.

8. Revegetate with native wetland and upland plants.

9. Add Live Stream Shades in new channel and floodplain.

C-2 MAGNITUDE OF CONSTRUCTION PROJECT

As per FAR 36.204, Disclosure of the magnitude of construction projects, the estimated price range of this project (base combined with options) is:

a) Between $500,000 and $1 million.

C-3 PERIOD OF PERFORMANCE

The period of performance for this contract will be from May 1, 2025 through October 31, 2025.

It is estimated this project will require 90 days to complete. Construction shall proceed and be completed in accordance with time limitations listed in SECTION F--DELIVERIES OR

PERFORMANCE.

C-4 GENERAL SPECIFICATIONS

a) Existing Utilities. Contractor is responsible for contacting 811 (call before you dig) before doing excavation work.

b) Pollution and Erosion Control. During all operations under this contract, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and mailto:zachary.hiedeman@usda.gov mailto:teresa.d.morales@usda.gov

FAC 2024-05 May 22, 2024 nuisance-free manner. Refuse shall be disposed of in State-approved dumps as approved by the CO.

During all of the work, the Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution.

c) Noxious Weed Control. In order to prevent the potential spread of noxious weeds the Contractor shall clean equipment in accordance with Section 151.

d) Submittals. Submit two copies to the CO for approval on all construction materials and items required herein, electronic submittals will also be allowed through email.

Literature shall be marked or otherwise designated to indicate the exact model, size, etc., the Contractor proposes to use. Information shall be adequate to determine compliance with the specifications without additional research by the CO. One copy of approved submittals will be returned to Contractor. Submit all items with such promptness as to cause no delay in the work. Approvals must be obtained before starting work which involves the item. The Contractor shall allow 14 calendar days for processing of submittals by the Government.

e) Public use of facilities. Established trails through National Forest Lands shall remain open and accessible to all users. Immediate construction area may be closed to access by the Public for the duration of construction.

f) Existing Facilities In addition to the requirements of the Use of Premises Clause, AGAR 452.236-70, all existing facilities such as signs, cattleguards, and drainage structures damaged by the Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government. This includes any facilities inside or outside the project limits, including along any access routes.

g) Camping. Prior to any camping on National Forest lands, the Contractor shall obtain a District Camping Permit from the COR. Any permits will be issued at the discretion of the District Ranger(s). The Contractor will present any anticipated camping requests at the Prework Conference.

A camp includes any location occupied by the Contractor or Contractor’s agents for the purpose of overnight occupancy. This includes any tenting sites, camp trailers, etc.

including residing at designated campsites or campgrounds that are open to the public.

Unless otherwise allowed in the Camping Permit, the contractor will abide by all rules applicable to the general public.

Arrangements for camping on local private lands will be the responsibility of the Contractor.

FAC 2024-05 May 22, 2024

h) Food Storage. The Red River Ranger District of the Nez Perce Clearwater National Forest is under a district-wide Food Storage Order. It generally states that all food, beverages, and scented or flavored toiletries must be stored unavailable to bears at night and when unattended during the day. Attractants include canned food, pop, beer, garbage, grease, processed livestock or pet food, toothpaste, and chapstick. They must be hung at least 10-feet off the ground and 4-feet from any vertical support or stored inside a bear resistant container or vehicle. Cars, pick-up cabs, enclosed horse trailers, hard sided campers or camper shells are all considered bear resistant. Food should be stored out of sight in vehicles. Coolers, pop-up campers, backpacks, and tents are not considered bear resistant.

i) Construction Staking. The Contractor will be responsible for all staking (Item 15201).

The Contractor will make every reasonable attempt to protect the staking during their activities and shall replace any damage stakes at their expense.

j) Storage and Stockpiling of Equipment and Materials. Storage and stockpiling shall take place only within areas approved by the COR.

k) Maintenance of Clean Worksite Conditions. Maintain the project work area in a clean and orderly condition throughout the progress of work under this contract.

C-5 TECHNICAL SPECIFICATIONS

a) Equipment Specifications. Equipment shall be in good mechanical and operating condition, fully capable of performing all phases of the specified work.

b) Winter Conditions. Winter shutdown in the project area due to cold and snow conditions typically occurs between November 1 and April 1 of each year but can vary considerably depending on the specific year.

c) Spring Road Closures. Access roads to the project may have spring breakup restrictions to heavy hauling. In this area spring breakup restrictions typically occur between March 1 and April 15 of each year but can vary depending on the specific year. Contact the COR for specific road by road information.

d) Traffic Control. Unless otherwise provided for in the Special Project Specifications, the Contractor shall not restrict public traffic on roads.

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

FAC 2024-05 May 22, 2024

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C-6 STANDARD SPECIFICATIONS

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14, U.S. Customary Units) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant Contract.

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14) can be downloaded at the following website: https://highways.dot.gov/federal-lands/specs

C-7 SPECIAL PROJECT SPECIFICATIONS

The Forest Service Supplemental Specifications are applicable to this contract and are included with the solicitation.

SEE ATTACHMENTS: Allison Erickson FSSS Option Allison Erickson FSSS Option

C-8 GOVERNMENT FURNISHED PROPERTY

NONE

C-9 CLEANUP AND DISPOSAL

The Contractor shall be responsible for solid waste disposal. The Contractor shall at all times keep the area in a clean, neat, and orderly condition. Construction related debris, including but not limited to used motor oil, oil cans, grease cartridges and refuse shall be removed promptly from the site and disposed of in a lawful manner off National Forest System lands. Fees for the use of landfills or transfer stations shall be paid for by the Contractor if there is a charge.

FAC 2024-05 May 22, 2024

SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

FAC 2024-05 May 22, 2024

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

FAR 52.246-12 Inspection of Construction (AUG 1996) FAR 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG

1996)

FAC 2024-05 May 22, 2024

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

FAR 52.211-13 Time Extensions (SEP 2000) FAR 52.211-18 Variation in Estimated Quantity (APR 1984) FAR 52.236-15 Schedules for Construction Contracts (APR 1984) FAR 52.242-14 Suspension of Work (APR 1984)

FAR 52.211.10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 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 October 31, 2025. The time stated for completion shall include final cleanup of the premises.

(End of clause)

FAC 2024-05 May 22, 2024

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 240 days after the date of contract award. The conference will be held by video conference/phone conference.

FAC 2024-05 May 22, 2024

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuant to FAR clause FAR 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(End of clause)

AGAR 452.237-74 Key Personnel (FEB 1988)

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

FAC 2024-05 May 22, 2024

(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.

(End of clause)

H-2 PHYSICAL DATA (FAR 52.236-4) (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the plans and in the specifications are the result of site investigations by Forest Service specialists making physical determination based on surface observations.

(b) Weather Conditions. Normal snow conditions indicate a work season from approximately June 1 to October 31.

(c) Transportation Facilities. Forest roads are graveled single lane roads with turnouts, usually closed by snow from November 1st to June 1st.

H-3 CONDITIONS ON USE OF PREMISES

(a) Camping will be allowed only at the sites designated on the project maps or approved in advance by the District Ranger.

(b) The camp area shall be maintained to present a clean, neat, and orderly appearance. Disposal of trash and debris, unusable machinery, Forest Service authorized improvements, etc., shall be kept current. Building materials, firewood, etc., shall be neatly stacked.

(c) Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. No improvements of a permanent nature shall be constructed without prior written approval of the Contracting officer.

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

FAC 2024-05 May 22, 2024 will not be authorized until the campsite has been cleaned up and the site is approved by the Contracting Officer. Reusable native material may be neatly staked for future use.

(e) Vegetation shall be undisturbed to the maximum extent possible. The Contractor will be permitted to cut only those trees designated by the CO.

(f) Storage of petroleum products in excess of 50 gallons at the campsite will require the approval of the CO. All petroleum spills shall be immediately cleaned up. All spills shall be reported immediately to the CO or CO. Spills over 25 gallons or that cause a sheen on surface water shall be reported to the Idaho State Department of Environmental Quality. No waste disposal of petroleum product will be permitted on National Forest land.

(g) Chemical toilets are preferred for all campsites, however, the Contractor may be permitted to construct a slit trench when conditions warrant. Any slit trench constructed shall not be located closer than 400 feet to any live stream and is subject to approval of the CO. The trench shall be covered and the area restored to as natural a condition as possible when the camp is closed.

(h) Refuse including waste materials, garbage, and rubbish of all kinds, shall be disposed of in the following manner, and shall guard the purity of streams and living waters: Garbage, trash, sewage waste, and other litter shall be kept in closed fly-proof containers and periodically hauled to an approved disposal facility located outside of the National Forest.

(i) Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would result in substantial harm to fish and wildlife or to human water supplies.

(j) No waste or by-products shall be discharged if it contains any substances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies.

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

(j) 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 on site.

Overnight camping is commercially available near the project area. The contractor must provide toilets and sanitary facilities at each work location for its employees.

H-4 NOXIOUS WEED CONTROL: (2/96) In order to prevent the potential spread of noxious weeds into work areas, the Contractor shall be required to use weed-free equipment.

FAC 2024-05 May 22, 2024

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment prior to entry on to the work area. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only clean construction equipment inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in.

Prior to the initial move-in, and all subsequent move-ins, the Contractor shall make all construction equipment available for inspection by the Forest Service at an agreed upon location off Forest Service land. The Contractor shall give the Forest Service at least 48 hours advance notification when equipment is ready for inspection.

Straw/Hay Bales and erosion control devices shall be certified as “Weed Free.” The source field shall be inspected and certified by the county extension agent from the county that the straw/hay is grown. Each shipment onto the forest shall be accompanied by a certification tag stating that it is weed free. The contractor shall furnish the Forest Service with a statement of certification.

H-5 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 (MUTCD), published by the Federal Highway Administration and applicable safety codes. The MUTCD can be read or downloaded at https://mutcd.fhwa.dot.gov/.

H-6 LANDSCAPE PRESERVATION

(a) Do not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for treatment. This does not include access roads. Confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Retrieve material which falls outside of these limits and dispose of, or incorporate in the work.

FAC 2024-05 May 22, 2024

Preserve the scenic and natural environment along this construction project.

(b) Do not allow objectionable material to enter any stream, river, lake, or other body of water. Retrieve material which falls in these areas and dispose of, or incorporate in the work, and repair damage to vegetation or structures outside the project limits.

(c) Do not operate equipment or otherwise disturb the natural vegetation and soil beyond the construction limits.

H-7 ENVIRONMENTAL PROTECTION

Prevention of Oil Spills.

The contractor is required to have a spill plan. The plan will contain a description of the specific hazardous materials, procedures, and spill containment that will be used, including inventory, storage, and handling.

All vehicles carrying fuel will have specific equipment and materials needed to contain or clean up any incidental spills at the project site.

All pumps and generators used in or near streams will have appropriate spill containment structures and/or absorbent pads in place during use.

When storage facilities for oil or oil products are on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or any other body of water. If a spill of petroleum product should occur in water, immediately notify the Contracting Officer and appropriate state agencies.

Service all equipment only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Meet all applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

Contractor shall ensure that all personnel involved in handling and packaging the hazardous waste are trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills.

Provide handling and personal protective equipment appropriate to ensure safe handling of the hazardous waste according to 29 CFR 1910.120). Notify the Forest Service of all hazardous material that may be brought onto the National Forest.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. The contractor must clean up spills or leaks in a manner that complies with Federal, state, and local laws and regulations and to the satisfaction of the CO. Any spills resulting in a detectable sheen on water shall be reported to the EPA National Response Center (1-800-424-

FAC 2024-05 May 22, 2024

8802). Any spills over 25 gallons will be reported to the Idaho Division of Environmental Quality and cleanup will be initiated within 24 hours of the spill. When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

H-8 FIRE CONTROL (FS 236-1)

(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.

(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 his employees, the Contractor when requested by the Contracting Officer shall place his 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 his 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 a 4 BC or higher rating.

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

FAC 2024-05 May 22, 2024

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 when 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.

FAC 2024-05 May 22, 2024

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 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. NOT USED

(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) Submit 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 discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

FAC 2024-05 May 22, 2024

H-9 INVOICE PROCESSING PLATFORM (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contract/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.

After contract award, enrollment in IPP shall be completed by the USDA Forest Service based on the awardee’s System for Award Management (SAM) account. Once enrolled by the agency, the contract awardee shall receive two emails; one with an IPP login ID and one with a temporary password. Vendors need to ensure that the Point of Contact’s email address is up to date in your company’s SAM account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account.

H-10 INCIDENTAL PAYMENT ITEMS

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

All other work and materials will be considered as incidental to and included in the payment for items shown.

H-11 IDAHO WORKER’S COMPENSATION LAW

Idaho Worker’s Compensation coverage (or extra-territorial coverage if applicable) and other state, federal and local laws may apply to this solicitation and any resultant contract. It is the contractor’s responsibility to follow the clause detailed at 52.236-7 – Permits and Responsibilities, whereby the Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipals laws, codes, and regulations applicable to performance of work.

http://www.ipp.gov/ http://www.sam.gov/

FAC 2024-05 May 22, 2024

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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 Regulation (FAR): https://www.acquisition.gov/browse/index/far (Clauses are located at FAR part 52 and begin with 52)

Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar (Clauses are located at AGAR part 452 and begin with 452)

Deviations to clauses may be viewed at: Policies & Regulations | USDA

FAR 52.202-1 Definitions (JUN 2020) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-5 Covenant against Contingent Fees (MAY 2014) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) FAR 52.203-7 Anti-Kickback Procedures (JUN 2020) FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity (MAY 2014) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN

2020) FAR 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower

Guidance to contractor employees) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020)

FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-14 Service Contract Reporting Requirements (OCT 2016) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC

2014) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) FAR 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/agar https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://www.usda.gov/da/ocp/ppd/policies-regulations https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

FAC 2024-05 May 22, 2024

FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023)

FAR 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

FAR 52.215-2 Audit and Records -- Negotiation (JUN 2020) FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) FAR 52.219-8 Utilization of Small Business Concerns (FEB 2024) FAR 52.219-9 Small Business Subcontracting Plan (SEP 2023) FAR 52.219-14 Limitations on Subcontracting (OCT 2022)

[Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation

(MAY 2018)

FAR 52.222-6 Construction Wage Rate Requirement (AUG 2018) FAR 52.222-7 Withholding of Funds (MAY 2014) FAR 52.222-8 Payrolls and Basic Records (JUL 2021) FAR 52.222-9 Apprentices and Trainees (JUL 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) FAR 52.222-11 Subcontracts (Labor Standards) (MAY 2014) FAR 52.222-12 Contract Termination - Debarment (MAY 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (MAY 2014) FAR 52.222-14 Disputes Concerning Labor Standards (FEB 1988) FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015) FAR 52.222-26 Equal Opportunity (APR 2016) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (APR

2015) FAR 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or

Separately Specified Pricing Method) (AUG 2018) FAR 52.222-34 Project Labor Agreement (JAN 2024) FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) FAR 52.222-37 Employment Reports on Veterans (JUN 2020) FAR 52.222-40 Notification of Employee Rights Under National Labor Relations Act

(DEC 2010)

FAC 2024-05 May 22, 2024

FAR 52.222-50 Combating Trafficking in Persons (NOV 2021) FAR 52.222-54 Employment Eligibility Verification (MAY 2022) FAR 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026

(JAN 2022)

FAR 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts

(MAY 2024)

FAR 52.223-23 Sustainable Products & Services (MAY 2024) FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) FAR 52.226-7 Drug-Free Workplace (MAY 2024) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024)

FAR 52.227-1 Authorization and Consent (JUN 2020) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN

2020) FAR 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) FAR 52.228-2 Additional Bond Security (OCT 1997) FAR 52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION MAY

2023) FAR 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014) FAR 52.228-15 Performance and Payment Bonds -- Construction (JUN 2020)

(DEVIATION MAY 2023)

FAR 52.229-3 Federal, State, and Local Taxes (FEB 2013) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) FAR 52.232-17 Interest (MAY 2014) FAR 52.232-23 Assignment of Claims (MAY 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

(OCT 2018)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) FAR 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) FAR 52.233-3 Protest after Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.236-2 Differing Site Conditions (APR 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) FAR 52.236-5 Material and Workmanship (APR 1984) FAR 52.236-6 Superintendence by the Contractor (APR 1984) FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.236-8 Other Contracts (APR 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) FAR 52.236-10 Operations and Storage Areas (APR 1984) https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf

FAC 2024-05 May 22, 2024

FAR 52.236-11 Use and Possession Prior to Completion (APR 1984) FAR 52.236-12 Cleaning Up (APR 1984) FAR 52.236-13 Accident Prevention (NOV 1991) FAR 52.236-16…