Solicitation.doc

AG-02NV-S-08-0021

Indian Creek Bridges

IDAWY ACQUISITION SERVICE CENTER INSTRUCTIONAL

COVER SHEET

issuing office:

U.S. Department of Agriculture

Forest Service

IDAWY Acquisition Service Center

1405 Hollipark Dr.

Idaho Falls, ID 83401

FAX (208) 557-5829

solicitation no.:

RFP AG-02NV-S-08-0021

offers are solicited for: Indian Creek Bridges important – notice to offeror:

offeror shall submit the following documents back with their response to this solicitation:

1. SF-1442 Solicitation, Offer, and Award (Complete, date, and sign)

2. Section B – Schedule of Items (Pages 3-5). (Complete Unit Price and Amount)

3. Section K – Representations and Certifications (Pages 49-50).(Complete the Representations and Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)

4. Technical and Business Proposal

5. Bid Guarantee it is required that you write the solicitation number on the outside of your envelope.

Return to:

IDAWY Acquisition Service Center

1405 Hollipark Drive

Solicitation No. AG-02NV-S-08-0021 **Please keep a copy of your offer for your records.

it is required that all contractor’s be registered in the central contractor registration database prior to award under this solicitation. see clause i-2 – far 52.204-7 central contractor registration for details on how to apply.

all solicitations shall be issued through fedbizops. no paper solicitations shall be issued.

it is the offerors responsibility to watch for any and all amendments to the solicitation, which shall be issued electronically through fedbizops.

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-02NV-S-08-0021

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

04/22/2008

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY

CODE

USDA, Forest Service

IDAWY Acquisition Service Center

1405 Hollipark Drive

Idaho Falls, ID 83401 USDA, Forest Service

IDAWY Acquisition Service Center

1405 Hollipark Drive

9. FOR INFORMATION

CALL:

A. NAME

JUDY MARTIN

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

(208) 557-5841

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):

Indian Creek Bridges North Fork Ranger District

Salmon-Challis National Forest

Lemhi, County Idaho Price Range The Government's estimate is between $100,000 and $250,000.

11. The Contractor shall begin performance within 10 calendar days and complete it within calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX 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.)

FORMCHECKBOX

YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

10 Calendar Days

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 3:00 p.m. MST (hour) local time 5/22/2008 (date). 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

FORMCHECKBOX

is, FORMCHECKBOX is not required. (If “is required” see clause 52.228-1) C.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D.

Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e) OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

FORMCHECKBOX

10 U.S.C. 2304(c)( )

FORMCHECKBOX

41 U.S.C. 253(c)( )

26. ADMINISTERED BY

CODE

IDAWY Acquisition Service Center

1405 Hollipark Drive

Idaho Falls, ID 83401

USDA National Finance Center P.O. Box 6000

New Orleans, LA 70160-0001

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

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, requisitions identified on this form and any continuation sheets for the consideration slated 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 or incorporated by reference in or attached to this contract.

FORMCHECKBOX

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. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

PART--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

INDIAN CREEK BRIDGES

North Fork Ranger District

Salmon-Challis National Forest

Lemhi County, Idaho This solicitation and resulting contract is a firm-fixed price contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.

B- 1 - Schedule of Items Item No. 1 - Indian Creek Bridge #1 – Bridge No. 60036-0.2

ITEM

NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

151(01)

Mobilization

LSQ

Lump Sum

157(13)

Soil Erosion & Pollution Control

LSQ

Lump Sum

203(05)

Removal of Structures and Obstructions

208(54)

Lump Sum

251(01) *

Placed Riprap, Class 4 (Government Source)

CQ

Cubic Yard

308(01)*

Roadway Aggregate, Compaction Method 1

CQ

Cubic Yard

557(04)

Lump Sum

Item No. 2 – Indian Creek Bridge #5 – Bridge No. 60036-3.0

ITEM

NO.

DESCRIPTION

*MM

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

LSQ

Lump Sum

Lump Sum

204(11)*

Cubic Yard

Structure Excavation and Backfill

LSQ

Lump Sum

251(01)*

Cubic Yard

Cubic Yard

Lump Sum

Item No. 3 – Indian Creek Bridge #6 – Bridge No. 60036-3.5

ITEM

NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

LSQ

Lump Sum

Removal of Structures and Obstructions

Structure Excavation and Backfill

LSQ

Lump Sum

251(01)*

Placed Riprap, Class 4 (Government Source)

Roadway Aggregate, Compaction Method 1

557(04)

Lump Sum

Item No. 4 – Additive Item

ITEM

NO.

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

404(01)*

Minor Hot Asphalt Concrete

CQ

Ton

TOTAL FOR ALL ITEMS

* Designated Method of Measurement:

DQ - Designed Quantities, AQ - Actual Quantities, LSQ - Lump Sum Quantities, SQ - Staked Quantities

Note * next to an Item Number indicates that the quantity shown is a Contract Quantity as defined in FP-03 Specification 109.02. The supplemental specification 109.02 states “contract quantities will be adjusted only when there are errors in the original design of 15% or more.”

B- 2 – Additive Items The Government will evaluate offers for award purposes by adding the total price for all additives(Item 4) to the total price for the base item (Item 1-3). Evaluation of additives will not obligate the Government to award the additives item. Award of additive items will depend on availability of funds at time of award of the base item.

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.

SECTION C--DESCRIPTION/SPECIFICATIONS

C- 1 - Scope of Contract

This project will replace three existing 14’wide; 20-24’span timber bridges with three new, Government-supplied 16’wide; 28’ span timber bridges on Indian Creek Road. Work includes, but is not limited to, dewatering the work areas by a method approved by the COR, removal and disposal of the existing bridges, excavation to abutment sill elevation, erection of the timber bridge, backfilling and compacting the bridge abutments, hauling and placing embankment to construct bridge approaches, hauling and placing of riprap along wing-walls and stream banks, re-introducing water into the stream channel, hauling and placing of aggregate base and asphalt surfacing, and re-vegetation of slopes and disturbed areas.

The Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and shall perform all work required to complete the project as shown on the plans, shown on the manufacturer’s shop drawings, and as described in the Standard Specifications (FP-03) and Forest Service Supplemental Specifications (FSSS).

C- 2 - Project Location

The three bridges are located on Indian Creek Road, NFSR #60036, at mile posts 0.2, 3.0 and 3.5, within the N1/2, of Section 24, Township 24 North, Range 19 East and W1/2 of Section 6, Township 24 North, Range 20 East, Boise Meridian, Lemhi County, Idaho. From Salmon, ID, drive 21 miles north on U.S. Highway 93 to North Fork, ID, turn left onto Salmon River Road (NFSR #60030) and drive 10 miles west to Indianola Guard Station and turn right onto Indian Creek Road(NFSR #60036).

C- 3 - Site Visit - (See Section L, FAR clause 52.236-27).

C- 4 - Start Work It is estimated that instream work may begin by July 15, 2008. Contract time will run continuously.

C- 5 - Period of Performance (See Section F, FAR clause 52.211-10)

C- 6 - Government-Furnished Property The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained in Section I.

1. Indian Creek Bridge No. 1 – Bridge No. 60036-0.2, stored near Indianola Guard Station

2. Indian Creek Bridge No. 5 – Bridge No. 60036-3.0, stored near Indianola Guard Station

3. Indian Creek Bridge No. 6 – Bridge No. 60036-3.5, stored near Indianola Guard Station

4. Riprap, Class 4 from Government source; see Section H -6, Local Material Sources.

5. Embankment, as borrow excavation from Government source; see Section H -6, Local Material Sources.

C- 7 - Contractor Requirements

a) All equipment used on the site shall be cleaned and inspected off National Forest land prior to its arrival on the site. The equipment must be 1) free of all mud, seeds, plants, and plant fragments; and 2) free of oil, fuel, or toxic leaks that would wash off into the water. Notify the Contracting Officer 48 hours in advance of mobilizing equipment to the site to arrange an inspection. Construction equipment does not include cars, pickup trucks, and other vehicles that regularly travel between the construction site and areas outside of National Forest System lands.

b) Submit for approval, a written Hazardous Spill Plan for all projects which involve fuel storage and refueling actions. 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. Equipment and materials will be specific to each project site, and can include spill kits appropriately sized for specific quantities of fuel, shovels, absorbent pads, straw bales, containment structures and liners, and/or booms. Storing and refueling areas will be located in staging areas away from streams in areas where a spill would not have the potential to reach live water. Containment structures may be necessary if prevention of spilled material from reaching live water cannot be assured.

c) Should quantities of stored fuel for a project exceed 660 gallons in a single tank; or exceed 1320 gallons for all storage combined; contractors and agency operators will be required to have a standard EPA written Spill Prevention Control and Containment (SPCC) Plan onsite, which describes measures to prevent or reduce impacts from potential spills from fuel, hydraulic fluid, etc. (40 CFR 112, Oil Pollution Act relating to SPCC Plans).

d) Submit a Dewatering and Sediment Control Plan for approval meeting requirements of FP-03 Section 157 and FSSS 157. The plan will show:

1. Where and what kind of barriers will be erected to ensure that sediment delivery to live waters is minimized both temporally and spatially.

2. Methods and sizes of pipes, culverts, pumps, cofferdams or other diversions that will be used to dewater the work area to minimize sediment delivery to live water.

Place sediment control measures before beginning any construction activities. Sediment control practices shall be implemented concurrently with the associated activity and in place at the end of each day. Dewatering shall be accomplished slowly, under the oversight of a Forest Fisheries Biologist with a Forest Service crew on hand to capture and move stranded fish and other aquatic organisms that appear as the water level drops at the construction site.

e) Submit a Traffic Control Plan for approval meeting requirements of FSSS 156. A bypass route around Bridge #1 through Indianola Guard Station may be used during the removal and construction of the bridge. Traffic flow shall be re-established across the new bridge and the temporary bypass road closed before moving operations to the upper bridges. The section of Indian Creek Road containing Bridges #5 & 6 may be closed to all traffic during the period of removal and construction of those bridges.

f) Operate equipment from the top of the stream bank. Do not drive equipment into fish-occupied flowing water.

g) Construction work shall be put on hold during any intense seasonal storms, to reduce surface runoff and sediment input to streams.

h) Apply water for dust control through Indianola Guard Station and on Indian Creek Road through the residential areas when hauling borrow or riprap to each installation site as needed. Obtain water from the source shown on the drawings. Intake hoses for drafting shall be fitted with a 3/32 inch mesh, or smaller, screen.

i) Bridge replacement activities will be suspended, and consultation with NMFS/USFWS reinitiated, if ESA adult spawning fish or redds are present within Indian Creek waters potentially affected by the project’s activities.

C- 8 - Technical Requirements

Specific construction drawings and Forest Service Supplemental Specifications are included in Section J. All items shown or noted on plans, which are not specifically proposal items, are considered indirect payment items, per FP-03, Section 109.05(b). The cost of furnishing and installing all indirect payment items will not be paid for separately, but shall be included in the unit price proposed for other items unless noted otherwise.

C- 9 – 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-10 - Designation of Contracting Officer Representative

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

C-11 – Standard Specifications For Construction Of Roads And Bridges on Federal Highway Projects The Standard Specifications for this project are contained within the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” FP-03 U.S. Customary Units. Copies of this document are available on-line only at the Federal Highway Administration web site at http://www.wfl.fha.dot.gov/design/specs/fp03.htm in either Microsoft Word .doc or Adobe Acrobat .pdf format.

Supplemental Project Specifications included in full text in Section J of the contract amend, supplement, or replace the Standard Specifications.

Standard Specifications (FP-03) and Forest Service Supplemental Specifications (FSSS) contained in the following list are applicable to this contract. All specifications not included in the specification listing, but referenced by listed specifications are applicable.

FP-03 101

Terms, Format, and Definitions

FSSS 101

Terms, Format, and Definitions

FSSS 102

Bids, Award, and Execution of Contract

FP-03 103

Scope of Work

FSSS 103

Scope of Work

FP-03 104

Control of Work

FSSS 104

Control of Work

FP-03 105

Control of Material

FSSS 105

Control of Material

FP-03 106

Acceptance of Work

FSSS 106

Acceptance of Work

FP-03 107

Legal Relations and Responsibility to the Public

FSSS 107

Legal Relations and Responsibility to the Public

FSSS 108

Prosecution and Progress

FP-03 109

Measurement and Payment

FSSS 109

Measurements and Payment

FP-03 151

Mobilization

FSSS 151

Mobilization

FP-03 152

Construction Survey and Staking

FSSS 152

Construction Survey and Staking

FP-03 154

Contractor Sampling and Testing

FSSS 154

Contractor Sampling and Testing

FSSS 155

Schedules for Construction Contracts

FSSS 156

Public Traffic

FP-03 157

Soil Erosion Control

FSSS 157

Soil Erosion Control

FP-03 158

Watering and Dust Control

FSSS 158

Watering and Dust Control

FP-03 201

Clearing and Grubbing

FSSS 201

Clearing and Grubbing

FP-03 203

Removal of Structures and Obstructions

FSSS 203

Removal of Structures and Obstructions

FP-03 204

Excavation and Embankment

FSSS 204

Excavation and Embankment

FP-03 207

Earthwork Geotextiles

FSSS 207

Earthwork Geotextiles

FP-03 208

Structure Excavation and Backfill for Selected Major Structures

FSSS 208

Structure Excavation and Backfill for Selected Major Structures

FP-03 251

Riprap

FSSS 251

Riprap

FP-03 308

Minor Crushed Aggregate

FSSS 308

Minor Crushed Aggregate

FP-03 404

Minor Hot Asphalt Concrete

FSSS 404

Minor Hot Asphalt Concrete

FP-03 557

Timber Structures.

FP-03 625

Turf Establishment

FSSS 625

Turf Establishment

FSSS 718

Traffic Signing and Marking Material

NOTE: Offerors are cautioned to carefully review these Standard and Supplemental Project Specifications prior to submission of proposals. All specifications in the “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” FP-03 U.S. Customary Units are binding on the parties signing the contract, including any that may be omitted above.

C-12 - 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.

SECTION D – PACKAGING AND MARKING

(For this Solicitation, there are NO clauses in this Section)

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): www.arnet.gov/far/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

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): www.arnet.gov/far/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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 October 17, 2008. The time stated for completion shall include final cleanup of the premises.

The following is added:

All instream work shall be accomplished during low flow conditions which generally begin around mid-July.

F- 3 - FAR 52.236-1 Performance of Work by the Contractor (APR 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least 25 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

SECTION G--CONTRACT ADMINISTRATION DATA

(For this Solicitation, there are NO clauses in this Section)

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H- 1 - FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H- 2 - 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- 3 - Fire Control

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

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

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

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

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

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

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

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

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

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

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

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

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

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

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

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

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

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

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

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

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

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

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

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

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

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

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

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

(12) Pump and Trailer. Not required.

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

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

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

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

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

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

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

H- 4 - Incidental Payment Items The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H- 5 - Conformity With Drawings and Specifications Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H- 6 - Local Material Sources

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

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

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

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with the Differing Site Conditions and Changes clauses.

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

H- 7 - 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- 8 - Barricades, Warning Signs, and Other Devices The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

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

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

H- 9 - Storage of fuel and other toxicants within Riparian Conservation Areas (RCA – within 300 feet of live stream)

Storage of fuel and other toxicants within Riparian Conservation Areas (RCA – within 300 feet of live streams) is prohibited. Refueling of equipment may be done within the RCA only at locations approved by the Contracting Officer (CO). Centrifugal pumps used for removing water from structure excavation shall sit in a secondary spill container with sufficient capacity to contain the quantity of fuel in the pump fuel tank. A Spill Prevention & Containment Plan is required and shall be submitted to the CO for approval prior to beginning construction. A sample plan form is available and may be obtained at the Pre-Work Meeting. A spill containment kit shall be available on site that is to accommodate potential spills from the equipment used during construction.

H-10 - Pumps

All pumps used for drafting shall be outfitted with a suction screen that has a maximum opening size of 3/32”. Locate water drafting sites at a location approved by the Contracting Officer.

H-11 - Technical Requirements

The Forest Service will obtain 404 Stream Channel Alteration Permits from the U.S. Army Corps of Engineers and the Idaho Department of Environmental Quality. The permits are required to discharge fill material into rivers, including placement of rock, dirt, or sand necessary for the construction of the new structure. Copies of the permits will be made available to the Contractor at the time of contract award.

H-12 - Prework Conference Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

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): www.arnet.gov/far/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004) ALT I (MAY 2001)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995)

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

(JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)

52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records - Negotiation (JUN 1999) 52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (JUL 2005)

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (FEB 1988)

52.222-9 Apprentices and Trainees (JUL 2005)

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

52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)

52.222-50 Combating Trafficking in Persons (AUG 2007)

52.223-6 Drug-Free Workplace (MAY 2001)

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006)

52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity - Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance-Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (FEB 1992) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.229-3 Federal, State, and Local Taxes (APR 2003)

52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002)

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

52.232-17 Interest (JUN 1996) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986)

52.232-27 Prompt Payment for Construction Contracts (SEP 2005)

52.233-1 Disputes (JUL 2002) ALT I (DEC 1991)

52.233-3 Protest After Award (AUG 1996)

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

52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by The Contractor (APR 1984) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) ALT I (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

52.244-2 Subcontracts (JUN 2007) 52.245-1 Government Property (JUN 2007) 52.245-9 Use and Charges (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering - Construction (SEP 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) ALT I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.252-6 Authorized Deviations in Clauses (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988)

452.236-73 Archeological or Historic Sites (FEB 1988) 452-236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)

I- 2 - FAR 52.204-7 Central Contractor Registration (JUL 2006)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"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 CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

"Registered in the CCR database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed…