AG-0261-S-17-0091_REDFISH_LAKE_ROAD_PHASE_2-NUMBER_2_PROJECT_2017.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. RFP AG-0261-S-17-0091 HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. Note: An offer guarantee (Bid Bond) IS REQUIRED. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)

An organized site visit has been scheduled for:

Tuesday, June 13, 2017

1100 MDT

Participants will meet at:

Project Location (Map is attached – Support Document D)

FS-6300-45 (11/79)

OMB APPROVAL NO. 2700-0042

Issuing Office:

U.S. Department of Agriculture Forest Service

SW Idaho/Nevada Acquisition Center 1249 S. Vinnell Way, Suite 200 Boise, ID 83709-1663

Offers Are Solicited For:

Redfish Lake Road Improvement Phase 2- Number 2 Project 2017

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-0261-S-17-0091

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

829477

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SW Idaho/Nevada Acquisition Center ATTN: Karen Morthland

1249 S. Vinnell Way, Suite 200 Boise, ID 83709-1663

SW Idaho/Nevada Acquisition Center ATTN: Karen Morthland

1249 S. Vinnell Way, Suite 200 Boise, ID 83709-1663

9. FOR INFORMATION

EMAIL:

a. NAME:

Karen Morthland b.

Email: kmorthland@fs.fed.us

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):

REDFISH LAKE ROAD IMPROVEMENT PHASE 2 – NUMBER 2 PROJECT 2017

Sawtooth National Recreation Area

Custer County, ID Price Range

The Government’s estimate is:

Between $1,000,000 and $5,000,000.

This a Total Small Business Set-Aside

DUNS NUMBER: _________________________________________________________

Primary Point of Contact e-mail address: ______________________________________ Primary Point of Contact Phone Number:_______________________________________

11. The Contractor shall begin performance within 10 calendar days and complete it within See Section F-2 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 4 copies to perform the work required are due at the place specified in Item 8 by 1200 local time July 6, 2017. 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 120 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) mailto:kmorthland@fs.fed.us

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: ___________________________________________

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

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

SW Idaho/Nevada Acquisition Center ATTN: Karen Morthland 1249 S. Vinnell Way, Suite 200 Boise, ID 83709-1663

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/

AG-0261-S-17-0091 Redfish Lake Road Phase 2 – Number 2 Project 2017 Page 4 of 59

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Redfish Lake Road Improvement Phase 2-Number 2 Project 2017 Sawtooth National Forest

Stanley, ID Base Bid

Item No. Description *Method

Of Measure

Unit Est.

Quantity Unit Price Total

15101

Mobilization

LSQ

Lump Sum

1 $__________ $______________

15201

Construction Staking, Precision Class A, Tolerance Class B

15401

Contractor Testing

15701

Silt Fence

AQ

Lineal Foot

250 $__________ $______________

15702

Straw Wattles

75 $__________ $______________

15703

Stabilized Construction Entrances

CQ

Each

3 $__________ $______________

20101

Clearing and Grubbing

20102

Slash, Hauling and Spreading Over Staging Area, Waste Disposal Site, & Decommissioned Roadways

20301

Removal of Structures and Obstructions

20302

Fence Removal

LF

424 $__________ $______________

20401

Roadway Excavation Including Haul, Subgrade Preparation, Scarification, Watering, and Compaction

20402

Select Borrow Including Haul, Watering, and Compaction

Cubic Yard

1500 $__________ $______________

20403

Rock Excavation

250 $__________ $______________

20404

Roadway Embankment Including Haul, Subgrade

20405

Waste, Haul and Disposal of Unsuitable or Excess Material

2500 $__________ $______________

20406 Barrier Rock Placement Complete

290 $__________ $______________

20501

Controlled Rock Blasting

Square

500 $__________ $______________

20701

Earthwork Geotextile Type

II-A

19677 $__________ $______________

21101

Roadway Obliteration, Asphalt Pavement Removal

6557 $__________ $______________

21102

Crushed Gravel Base Removal

730 $__________ $______________

21103 Roadway Obliteration, Full Recontouring (Area 1)

21104

Recontouring (Area 2)

21105

Recontouring (Area 3)

25101 Placed Riprap, Class 3

Yard 115 $__________ $______________

AG-0261-S-17-0091 Redfish Lake Road Phase 2 – Number 2 Project 2017 Page 5 of 59

30101

3/4"-0” Crushed Aggregate Base, Including Haul, 3130 $__________ $______________

41801 Warm Mix Asphalt (WMA) Concrete Pavement

Ton

3105 $__________ $______________

60201

18-Inch Corrugated Steel Pipe, 0.079-Inch Thickness, Including Pre-Fab Flared End Sections, Excavation, Bedding, Backfill and

99 $__________ $______________

60202

24-Inch Corrugated Steel Pipe, 0.079-Inch Thickness, Including Pre-Fab Flared End Sections, Excavation, 54 $__________ $______________

60901 Precast Colored Concrete Wheel Stop

DQ

32 $__________ $______________

61101 Cut & Cap Existing Waterline

61801 Resetting Precast Concrete Barrier

2 $__________ $______________

61901 Steel Gate, Type 1 CQ Each 1 $__________ $______________ 61902 Steel Gate, Type 2 CQ Each 1 $__________ $______________ 62501 Seeding (Upland) CQ Acre 8.4 $__________ $______________ 62502 Seeding (Wetland) CQ Acre 0.6 $__________ $______________

63301 Permanent Signing

LSQ

63302 Removing and Resetting Bulletin Board Complete

63303 Removing and Resetting Fee Tube Complete

63401 Permanent Pavement Striping

63501 Temporary Traffic Control

LSQ

TOTAL PRICE (ALL ITEMS – Base Bid) $________________________

Option Item #1 – Paved Trail

Item No. Description *Method

Of Measure

15101(1)

15201(1)

Construction Staking, Precision Class A, Tolerance Class B

LSQ Lump

15401(1)

Contractor Testing LSQ Lump

20101(1)

Clearing and Grubbing LSQ Lump

20102(1)

Slash, Hauling and Spreading over Decommissioned

LSQ Lump

20301(1)

Fence Removal

380 $__________ $______________

20401(1)

Roadway Excavation Including Haul, Subgrade

20402(1)

Select Borrow Including Haul, Watering, and

50 $__________ $______________

AG-0261-S-17-0091 Redfish Lake Road Phase 2 – Number 2 Project 2017 Page 6 of 59

20403(1)

Roadway Embankment Including Haul, Subgrade

20701(1) Earthwork Geotextile Type

II-A

1260 $__________ $______________

21101(1) Roadway Obliteration, Full Recontouring (Trail)

25101(1) Placed Riprap, Class 3

AQ

10 $__________ $______________

30101(1) 3/4"-0” Crushed Aggregate

155 $__________ $______________

41801(1) Warm Mix Asphalt (WMA)

162 $__________ $______________

60201(1)

18-Inch Corrugated Steel Pipe, 0.079-Inch Thickness, Including Pre-Fab Flared End Sections, Excavation, 39 $__________ $______________ 62501(1) Seeding (Upland) CQ Acre 0.25 $__________ $______________ 62502(1) Seeding (Wetland) CQ Acre 0.30 $__________ $______________

TOTAL PRICE (ALL ITEMS – Option Item #1) $________________________

GRAND TOTAL PRICE (ALL ITEMS – Base Bid PLUS Option Item #1) $________________________

Option Item #2 – Existing Pavement Repair

Item No. Description *Method

Of Measure

15101(2)

21101(2)

Asphalt Pavement Removal

242 $__________ $______________

30101(2)

3/4"-0” Crushed Aggregate

25 $__________ $______________

41801(2) Warm Mix Asphalt (WMA)

45 $__________ $______________

63501(2)

Temporary Traffic Control

TOTAL PRICE (ALL ITEMS – Option Item #2) $________________________

GRAND TOTAL PRICE (ALL ITEMS – Base Bid PLUS Option Item #1 PLUS Option Item #2) $________________________

* Designated Method of Measurement:

AQ – Actual Quanties; CQ – Contract Quantities; LSQ - Lump Sum Quantities NOTE: Proposal Pricing must be submitted on attached spreadsheet to eliminate pricing errors from unit price to total price

B- 2 Payment for Bond Premiums

Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payment Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

AG-0261-S-17-0091 Redfish Lake Road Phase 2 – Number 2 Project 2017 Page 7 of 59

SECTION C - DESCRIPTION/SPECIFICATIONS

PHASE 2 REDFISH LAKE ROAD PROJECT 2017

C-1 Scope of Contract

Project Description

Furnish all labor, equipment and material necessary to accomplish the work under this contract. This project proposes to construct a new roadway that connects the recreation facilities located along the southeast side of Redfish Lake to the main access road into the Redfish Lake Recreation Complex (Forest Road 70214). Construction will consist of approximately one (1) mile of new asphalt roadway including but not limited to construction survey and staking, grubbing and minor clearing, extensive earthwork including excavation & embankment, rock/boulder removal, potential rock crushing, installation of drainage facilities consisting of culverts and roadside ditches, signing, striping, and construction of other miscellaneous improvements as required. This project also consists of decommissioning an existing asphalt roadway including re-contouring to render the roadway in its preconstruction condition; constructing a new asphalt Outlet Day Use parking lot including but not limited to ingress/egress roadways, clearing and grubbing, excavation and embankment, signing, striping, furnishing/installing new precast colored concrete wheel stops, drainage improvements, and removal of the existing asphalt parking lot; constructing an asphalt trail that will connect the Outlet Day Use area to an existing bridge that crosses Redfish Lake Creek along with provide a future trail connection to the entire Redfish Lake Recreational Complex, and repairing the existing asphalt roadway at the Visitor Center road approach. Depending upon available funding, some of the above referenced project elements may be eliminated or be broken out into separate Option Work Items.

C-2 Project Location

From Stanley, Idaho proceed south approximately four (4) miles on Idaho State Highway #75 to the junction with Forest Road 70214. Turn right onto Forest Road 70214 and proceed approximately 1.20 miles to the roundabout intersection that represents the point of beginning of the new road; from there proceed approximately 1.50 miles along the existing Forest Road 70214 in the vicinity of the Outlet Campground to the point of ending of the new road segment.

C-3 Use of Premises

A. Camping for contract personnel will be permitted at the project Staging Area, as shown in the Drawings, and will be limited to a maximum of two (2) people. Camping will also be available for contract personnel at both the #210 Road Pit and Champion Creek Pit. If any of these sites are used then the Contractor shall supply the number of toilet facilities (porta-potty) necessary for the amount of personnel who will be camping in these locations. All vehicles, campers, and equipment staying in any of these sites shall not be visible from Forest Service Road #214 or State Highway 75 as applicable.

B. The Contractor is responsible for the security of all equipment and materials.

C. Fuel storage on site is permitted with proper secondary containment and an approved site plan. Fuel trucks must be equipped with spill containment kits and portable berms that meet all state and federal regulations. A spill prevention and containment plan must be submitted and approved prior to construction.

D. All construction equipment shall be pressure washed before entering the Project site. The removal of mud and debris from treads, 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.

E. The Project site is available for staging, operations and storage of materials. No approval is needed for this purpose.

The Contractor shall not store/stage/utilize areas outside the Project area without prior approval of the CO.

C-4 Government Furnished Property Government will provide two approved pump screens of varying sizes as follows:

1. Small Screen

AG-0261-S-17-0091 Redfish Lake Road Phase 2 – Number 2 Project 2017 Page 8 of 59

6” diameter, 24” length, threaded connection Estimated value = $200

2. Large Screen

10” diameter, 36” length, threaded connection Estimated value = $350

C-5 Inspection of Worksite 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-6 General Specifications

See Section J for the list of General Specifications that are incorporated into this solicitation and any resultant contract.

Standard Specifications (FP-03) and attached Forest Service Supplemental Specifications (FSSS) are applicable to this Public Works contract. All applicable FSSS are included in full text. All specifications not included in the specification listing but referenced by listed specifications are applicable. Standard Specifications (FP-03) are available on-line at www.wfl.fha.dot.gov/design/specs/fp03.htm in pdf format.

C-7 Drawings

See Section J for the listing of Drawings that are incorporated into this solicitation and any resultant contract.

C-8 Bio Based Products

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 Bio Based and Sustainable Product Procurement,” dated February, 2012 to provide bio based products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of bio based and recycled products.

The following is a list of categories for bio preferred products that are required for performance of this construction contract:

Equipment Lubricants, Hydraulic Fluids, Fuel Additives, Engine Oils, Office Products (Ink, paper, cleaning products) For more information regarding the Department of Agriculture Bio Based Program go to: http://www.biopreferred.gov.

http://www.wfl.fha.dot.gov/design/specs/fp03.htm http://www.biopreferred.gov/

AG-0261-S-17-0091 Redfish Lake Road Phase 2 – Number 2 Project 2017 Page 9 of 59

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.

AG-0261-S-17-0091 Redfish Lake Road Phase 2 – Number 2 Project 2017 Page 10 of 59

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 - https://www.acquisition.gov/far and the Agriculture Acquisition Regulations – www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996) 52.246-13.1 Inspection--Dismantling, Demolition, or Removal of Improvements (AUG 1996)

E-2 Pre-Final and Final Inspection

a. Pre-final Inspection: The Government may, at its own discretion, conduct a pre-final inspection prior to the contractor requesting a final inspection. Any discrepancies noted shall be corrected prior to final inspection.

b. Final Inspectio n: When the work is ready for final inspection, the Contractor shall submit a written request for the final inspection to the duly assigned Contracting Officer’s Representative at least seven (7) days prior to the desired final inspection date. The final inspection will be performed with the Contractor by the appropriate Government personnel. If any discrepancies are noted, they shall be handled in accordance with 52.246-12.

https://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

AG-0261-S-17-0091 Redfish Lake Road Phase 2 – Number 2 Project 2017 Page 11 of 59

SECTION F - DELIVERIES OR PERFORMANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - https://www.acquisition.gov/far and the Agriculture Acquisition Regulations – www.usda.gov/procurement/policy/agar.html

52.211-13 Time Extensions (Sept 2000) 52.242-14 Suspension of Work (APR 1984)

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

Start Date:

The anticipated Project Start Date is August 15, 2017.

End Date:

The Project End Date will be September 21, 2018

F-3 FAR 52.211-12 Liquidated Damages -- Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,354 maximum for each calendar day of delay until the work is completed or accepted.

These figures are estimated to be the maximum charges to be assessed because of a delay in completing the work within the contract time. Actual charges will probably not include the CO, COR and Inspector all working full time on the project, two per diem charges, etc.

CO (Morthland) cost per day $376 COR (Richins) cost per day $370 Inspector cost per day $370

Per diem Lodging $60 + taxes $7 = $67

Subtotal $98/day x 2 people $196 Vehicle $0.22/mile x 154 miles + $8/day for one-way trip $ 42

Total daily charges $1,354

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

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SECTION G--CONTRACT ADMINISTRATION DATA

G-1 Contract Administration

(a) CONTRACTING OFFICER means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to a contract.

(b) CONTRACTING OFFICER'S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer's Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer.

The term "Contracting Officer" as used throughout the contract shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

(c) CONTRACTOR'S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing.

The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

G-2 Address of Correspondence

All correspondence, unless otherwise specified, shall be directed to the following address:

(a) The address and telephone number of the Contracting Officer is:

SW Idaho-Nevada Acquisition Service Center Contact:

Karen Morthland, Contracting Officer 1249 South Vinnell Way, Suite 200 Boise ID 83709 kmorthland@fs.fed.us

Note: Include Contract Number on all correspondence mailto:kmorthland@fs.fed.us

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 Key Personnel

The key personnel specified in the Offeror’s Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

H-2 AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, Protection Of Existing Vegetation, Structures, Equipment, Utilities, And Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

( c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire-fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4

H-3 Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS).

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

(c) Assessment. Upon completion of the work associated with the contract/delivery orders (including prior to any renewal options exercised), an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

H-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 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.

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H-6 Samples, Tests, Cited Specifications

Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

H-7 Barricades, Warning Signs, and Other

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

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

H-8 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-9 AGAR 452.215-73 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.

H-10 FAR 52.236-4 Physical Data (APR 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by geotechnical reports and survey data. All information should be made available through routine download formats.

Physical Data includes:

1. Survey Control Points

(b) Weather conditions: None.

(c) Transportation facilities: The graph represents traffic counts recorded in the year 2010. The left column represents the number of vehicles entering into the Redfish Lake Recreation complex on that given day.

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(d) Other: None.

(End of Clause)

FIRE PROTECTION AND SUPPRESSION PLAN

This plan outlines the channels of responsibility for fire prevention and suppression activities and sets up an attack procedure in the event of fire within the Project Area. The Project Area is defined as that area which is in and adjacent to the project rights-of-way and work areas and all roads used in connection with the work.

Responsibilities A. Contractor Fire Suppression

1. It is understood and agreed that the Contractor will do all in his power to prevent and suppress fires on or adjacent to the Project Area, as stipulated in the contract.

2. Is responsible for and will direct all fires activities on the project until relieved by a Forest Officer and will insure that prevention and suppression action are in accordance with contract requirements, including this fire plan. He will delegate the next higher in authority on the job to be responsible for the above activities when he is not on the project.

3. In line with this agreement, men will be supplied from the Contractor's crew to fight fires on the project area up to the total number of men employed by the Contractor as they are needed by the Fire Boss. The Forest Service will make every effort to avoid calling on the Contractor for action on fires outside the Contract project area except in emergencies and will call out all needed available help to control fires in the general area.

4. The Contractor issures that this Fire Plan will be complied with by him and his employees for the duration of the contract.

B. Forest Service District Ranger

1. Is responsible for all fire activities on the Ranger District on which the contract project is located. He or his representative will discuss the fire plan with the Contractor and will discuss with him the equipment and manpower action to be taken when a fire occurs. He will notify the Contractor through the Contracting Officer's Representative (COR) to take correction measures when fire requirements are not complied with.

Contractor's Responsibility When A Fire Occurs Within The Contract Project Area A. He will immediately send the entire contract crew with tools and equipment t o the fire and take initial-attack suppression action.

B. B. Immediately notify the nearest Forest Service Fire Control Officer or other Forest Service employee of fire location and action taken.

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C. Designate a man to act as dispatcher who will handle messages and initiate action upon request until relieved.

Contractor Furnished Manpower, Tools, And Equipment Required On All Contracts (Projects) During Fire Season A. The Contractor shall furnish to the COR a list of manpower and equipment used on the contract on forms furnished by the Forest Service. Changes in Contractor's personnel shall be reflected in amendment to the list.

Fire Prevention Smoking. Will be prohibited in the woods during the fire season, May 10 through October 20, except in areas agreed upon by the Contractor and Contracting Officer's Representative. No smoking is permitted while walking or working in the woods.

Refueling Chainsaw/Soil Auger. Refueling will be confined to a six-foot diameter cleared to mineral earth. Chainsaws/soil auger sparks arrester shall be U.S. Forest Service approved, and will be cleaned daily. A size "0" or larger round-pointed shovel with a minimum of a 38-1/2" handle and a fire extinguisher shall be within 10 feet of actual point of chainsaw/soil auger operation.

Burning, Blasting, or Welding. Permit will be required and will contain special stipulations pertinent to the particular job.

Spark Arresters. All internal combustion power equipment used by the Contractor on the project shall be equipped with an approved spark arrester as set forth in the publication of the USDA Forest Service, entitled "Standard 5100-1a for Spark Arresters for Internal Combustion Engines" as amended under date of July 1970, and be listed in the most recent "Spark Arrester Guide" as having been approved as meeting above standard. They shall be cleaned regularly and maintained in satisfactory working condition. The following are exempt from the requirements of the rule:

1. Turbo-charged internal combustion engines in which 100 percent of the exhaust gasses pass through a turbo-charged;

2. Engines of passenger carrying vehicles and light trucks equipped with a muffler with baffles that are kept in good repair (glass packs are not an approved muffler for wildland work);

3. Water pumping equipment used in firefighting.

Spark arresters must comply with all State and Federal fire requirements.

Lunch and Warming Fires. Cooking and warming fires will not normally be permitted and then only by written permit by the COR which contain stipulations regulating use of such fires.

Hand Tools. The Contractor shall furnish one size "0" shovel (38-1/2" handle minimum) or larger, one axe, or pulaski with 26" handle or larger, and one 5 BC or larger rated pressurized fire extinguisher for each truck, each personal vehicle, each tractor, and each grader. For each welder he shall furnish one size "0" shovel and one backpump pump. For each gasoline power tools (power saw, soil auger, etc.), one shovel (38-1/2" handle minimum) and one 8-ounce or larger BC rated chemical-pressurized fire extinguisher.

Contractor shall also furnish any other equipment called for elsewhere in the contract. The shovel and fire extinguisher will be located within 10feet of the operating chainsaw/power auger.

Storage and Parking Areas. Equipment service area, parking area, and gas and oil drum storage areas will be cleared of all flammable material for a radius of at least fifty feet. These areas must be approved in writing by the Contracting Officer's Representative in advance of use. Small stationary engine sites shall be cleared of flammable material for a radius of at least fifteen feet from such engine.

Fire Tool Box. A red fire tool box will be required to be on each work site while work is being performed. This fire tool box will contain sufficient tools to equip all persons engaged in Contractor's operation. Fire tools shall be used only for suppressing wildfires. Tools shall be stored in fireboxes provided by the Contractor and readily available to employees.

Each tool box shall be marked, "Tools for Fire Only." The COR will inspect the fire tool box and then seal the box.

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PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - https://www.acquisition.gov/far and the Agriculture Acquisition Regulations – www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006) 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) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (JUL 2016) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (OCT 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) 52.219-8 Utilization of Small Business Concerns (NOV 2016) 52.219-14 Limitations on Subcontracting (JAN 2017) 15% 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards Act--Overtime Compensation (MAY 2014) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 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) 52.222-21 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 Affirmative Action for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports 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 (MAR 2015) 52.222-54 Employment Eligibility Verification (OCT 2015)

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52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.223-2 Affirmative Procurement of Biobased Products Under Service And Construction Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (MAY 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance--Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.228-15 Performance and Payment Bonds--Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 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 (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 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) 52.236-1 Performance of Work by the Contractor (APR 1984) – 20% 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) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JULY 1995) 52.243-4 Changes (JUNE 2007) 52.244-6 Subcontracts for Commercial Items (JAN 2017) 52.245-1 Government Property (JAN 2017) 52.245-9 Use and Charges (APR 2012) 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 (APR 2012) 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of

Improvements) (APR 2012) 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

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452.236-70 Additive or Deductive Items (FEB 1988) 452-236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 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 52.204-13 System for Award Management Maintenance (OCT 2016)

(a) Definitions. As used in this clause—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities, which is used as the identification number for Federal contractors.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of

Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR

Subpart 4.14; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

http://acquisition.gov/far/current/html/Subpart%2032_11.html%23wp1043964 http://acquisition.gov/far/current/html/Subpart%204_14.html%23wp1075239 http://acquisition.gov/far/current/html/Subpart%204_14.html%23wp1075239

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(c) (1) (i) If a Contractor…