Solicitation_0063.pdf

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.: AG-02NV-S-14-0063

QUOTES ARE SOLICITED FOR: MARSH CREEK ROAD MAINTENANCE

SET-ASIDE: SMALL BUSINESS SET-ASIDE

IMPORTANT – NOTICE TO QUOTER:

AT A MINIMUM, QUOTER SHALL SUBMIT THE FOLLOWING DOCUMENTS AS THEIR RESPONSE TO THIS

SOLICITATION:

1.SF-18 Request For Quotation (Complete, date, and sign)

2.Section B – Schedule of Items (Pages 2-4). (Complete Unit Price and Amount)

3.Section K – Representations and Certifications (Pages 34-38). (Complete the Representations and Certifications electronically via the System for Award Management (SAM) website at www.sam.gov)

4.Section M – Technical Proposal

5. Acknowledgement of Amendment (If Any)

IT IS REQUIRED THAT YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR

ENVELOPE.

Return to: IDAWY Acquisition Service Center

1405 Hollipark Drive

Idaho Falls, ID 83401

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT DATABASE

PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE 52.204-7 SYSTEM FOR AWARD MANAGEMENT FOR

DETAILS ON HOW TO APPLY.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH

SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS.

AG-02NV-S-14-0063 Marsh Creek Road Maintenance

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE 1 45

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

AG-02NV-S-14-0063 07/30/2014

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

IDAWY Service Center, 1405 Hollipark Dr., Idaho Falls, Id 83401 See Contract Time

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION

NAME TELEPHONE NUMBER X OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

a. NAME OF CONSIGNEE

8. TO: Section C - Location & Description

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the

08/27/14 3:00 p.m. MST submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f)

MARSH CREEK ROAD MAINTENANCE,

Middle Fork Ranger District, Salmon-Challis National Forest, Custer County, Idaho

Price Range - Between $25,000 - $100,000

PLEASE PLACE YOUR QUOTE IN SECTION B- SCHEDULE OF ITEMS

This requirement is being procured as a fixed-price Simplified Acquisition.

Quotes received after the exact time specified for receipt of quotes will not be considered.

FACSMILE (FAX) WILL NOT BE ACCEPTED.

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations X are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

DUNS # ___________ TIN # _______________________

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

MARSH CREEK ROAD MAINTENANCE

Middle Fork Ranger District

Salmon-Challis National Forest

Custer County, Idaho

This solicitation and any resulting contract is a firm-fixed price type of contract, which under the definition in FAR 16.202-1, “this type of contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.”

Quoter’s shall submit a quote for all Base Items and all Optional Items in the Schedule of Items.

Failure to comply with the instructions may render your quote nonresponsive and ineligible for contract award.

Prices on the Schedule shall reflect Contractor’s full cost for materials, labor, supervision, overhead costs, and incidental items.

B- 1 - SCHEDULE OF ITEMS

ITEM 1 – BASE ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

ACTUAL

QTY.

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

Lump Sum

20301

Removal of existing culverts

Each

SECTION 1 – Total Length Approx. 4320’

DESCRIPTION

PAY

UNIT

CONTRACT

QTY.

UNIT

PRICE

30122

Pit run maximum size 3”, compaction method E

Cubic Yard

SECTION 2 – Total Length Approx. 2040’

DESCRIPTION

PAY

UNIT

CONTRACT

QTY

UNIT

PRICE

20701

Earthwork geotextile Type II(A), Nonwoven

Square

Yard

60211

18” Inch Corrugated Steel Pipe 16 Gauge

Thickness

Foot

60713

Removing, cleaning, and relaying existing culverts

SECTION 3 – Total Length Approx. 3800’

DESCRIPTION

PAY

UNIT

CONTRACT

QTY.

UNIT

PRICE

20419(A)

Drainage excavation, type ditch construction

20419(B)

Drainage excavation, type French drain construction

30161

Coarse aggregate, compaction method E

60713

Removing, cleaning, and relaying existing culverts

SECTION 4 – Total Length Approx. 11,680’

DESCRIPTION

PAY

UNIT

CONTRACT

QTY.

UNIT

PRICE

Total for Base Item $___________________

ITEM 2 - OPTIONAL ITEMS

DESCRIPTION

PAY

UNIT

CONTRACT

QTY.

UNIT

PRICE

Optional

Section 2 - Pit run maximum size 3”, compaction method E

Optional

Section 4 - Pit run maximum size 3”, compaction method E

* Designated Method of Measurement:

CQ - Contract Quantities, AQ - Actual Quantities, B- 2: Quote on all items. Only quotes to the nearest cent will be accepted. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the quoter specifies otherwise in the quote.

B- 3 – Base and Optional Items

The Government will evaluate offers for award purposes by adding the total price offered for any Base

Items and Optional Items proposed. Evaluation of base and optional items will not obligate the

Government to award the items. Award of base items will depend on availability of funds at time of award. For award of optional items, see clause I-6 FAR clause 52.217-7.

B- 4 - 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.

B- 5 - NOTE: Under clause 52.236-7, Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding assessment of Idaho Use Tax on Government Furnished

Property should be directed to the Idaho State Tax Commission at (208) 799-3491.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C- 1 - Scope of Contract

This project will improve a section of the Marsh Creek Road by placing aggregate surfacing, cleaning and resetting existing culverts, installing new culverts, geotextile fabric, ditches and a french drain. Work includes, but is not limited to, hauling and placing pit run aggregate surfacing from a Government source, hauling and placing coarse aggregate from a Government source, constructing a 200’x 1’ french drain, placing geotextile fabric under sections of aggregate, removing, cleaning and resetting existing culverts, installing new culverts, constructing roadside and outlet ditches.

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

From Stanley, ID, drive 11.2 miles northwest on Idaho State Highway 21, turn right onto Marsh Creek

Road (NFSR #203). The road improvement starts at the beginning of Marsh Creek Road and continues approximately 4.25 miles and ends at a location to be identified by the CO. Site located within Sections

19, 29, 30, and 32, Township 12 North, Range 12 East, and Section 5, Township 11 North, Range 12

East, Boise Meridian, Custer County, Idaho.

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

C- 4 - Start Work

It is anticipated that work may begin September 15, 2014.

C- 5 - Period of Performance

(See Section F, FAR clause 52.211-10)

C- 6 - Government-Furnished Property

The Government will provide the following items 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 elsewhere in the contract. The

Contractor will be responsible for the excavation, transportation and placement of all Government supplied materials. The following items will be government furnished:

1. Pit run aggregate, from Government aggregate source shown on the drawings; see Section

H -6, Local Material Sources.

2. Course aggregate, from Government aggregate source shown on the drawings; 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 CO 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 Traffic Control Plan for approval meeting requirements of FSSS 156. Road closures shall be limited to 4 hour blocks, Monday- Friday. The road will remain open to the public during weekends and holidays.

E. Apply water to aggregate as needed to achieve required compaction. Intake hoses for drafting shall be fitted with a 3/32 inch mesh, or smaller, screen.

C- 8 – 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- 9 – Recycling and Disposal of Refuse

With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government, all refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor and shall be recycled and/or disposed of. All disposals shall be in accordance with federal, state, and local laws and regulations. No disposal, viewing or sale of materials and/or equipment shall be allowed on Government property.

C-10 – Safety

During the execution of this contract, the Contractor shall conform to the rules and regulations as set forth by OSHA Safety and Health Standards, 29 CFR Part 1926 - Safety and Health Regulations for

Construction. Smoking will not be permitted in any building or structure.

C-11 – Temporary Facilities

(a) STAGING AREA: The Contracting Officer Representative shall arrange the location for exterior stockpiling of materials. The Government will provide adequate staging area as close to the job site as practicable. The Contractor shall be responsible for protecting materials stockpiled against adverse weather, damage, theft, and other risks of loss. The Government assumes no responsibility for material or equipment left in the storage area.

(b) SANITARY FACILITIES: Toilet facilities will not be provided by the Government at job sites. The

Contractor shall provide temporary toilet facilities (porta-potty) at the site during all construction work.

Toilet facilities shall be provided at a rate of one stool for every 10 workers assigned or working on site with a minimum of one required.

(c) WATER AND ELECTRICITY: Water is available at the site for construction purposes. Utilities are not available at the site for construction purposes.

C-12 – Existing Utilities

The Contractor shall field verify all utility locations before digging or trenching. This shall include, but not be limited to, the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, use of locator services, and by potholing. Contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

C-13 - Submittals

(a) Definition: Submittals - Product literature, catalog cuts, product samples, shop drawings, as-built drawings, Quality Control Plans, and other documents submitted to the Contracting Officer for information or for review and approval when required.

(b) Submittals shall be presented in two copies unless indicated otherwise. The Contracting Officer will return one copy of the submittal to the Contractor, whether approved or rejected.

(c) Salient characteristics of the materials proposed for use shall be clearly identified in the submittal. The

Project Site Superintendent shall certify that he has reviewed the submittal and has determined that the submittal is in full compliance with the requirements of the Contract. Illegible, incomplete, or uncertified submittals may be rejected.

(d) Submittals shall be approved by the Contracting Officer prior to any work being performed on the contract or materials being delivered to the job site.

(e) Review of submittals, and corrections or comments made during the review, does not relieve the

Contractor from compliance with the requirements of this Contract.

(f) Allow 14 calendar days for government review of submittals. Review time shall commence upon receipt of a satisfactory submittal certified by the Project/Site Superintendent containing all information required to completely and thoroughly evaluate the submittal. Time shall start anew for each submittal and any required resubmissions.

C-14 – Catalog Cuts

Catalog cuts shall contain manufacturer's description, specifications and sketches of the material and equipment provided. The catalog cut shall contain sufficient information, which can be used to determine compliance with these specifications. Clearly indicate selected item and components being proposed.

C-15 – Hazardous Material Identification

Submit Material Safety Data Sheets (MSDS) for any materials defined as hazardous under the most current revision of Federal Standard 313. Two copies of each MSDS shall be submitted to the Contracting

Officer no later than the delivery date of the product.

C-16 - As-Built Drawings

When Shop Drawings are required by the specifications, the Contractor shall maintain at the job site one set of contract drawings marked in red to show any deviations which are found to exist or have been made from the contract drawings. Upon completion of the work, the marked set of drawings shall be delivered to the Contracting Officer. Request for final payment will not be approved until the marked drawings are delivered to the Contracting Officer.

C-17 - 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-18 – Standard Specifications For Construction Of Roads And Bridges on Federal Highway

Projects

The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03, U.S. Customary Units (FHWA-FLH-03-002) are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract. Supplemental

Project Specifications (SPS) amend or supplement the standard specifications. The Supplemental Project

Specifications are included as a separate attached document and are a part of this solicitation and any resulting contract.

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.

FSSS 101 Terms, Format, and Definitions

FSSS 102 Bids, Award, and Execution of Contract

FSSS 103 Scope of Work

FSSS 104 Control of Work

FSSS 105 Control of Material

FSSS 106 Acceptance of Work

FSSS 107 Legal Relations and Responsibility to the Public

FSSS 108 Prosecution and Progress

FSSS 109 Measurements and Payment

FSSS 151 Mobilization

FSSS 155 Schedules for Construction Contracts

FSSS 156 Public Traffic

FSSS 171 Weed and Disease Prevention

FSSS 201 Clearing and Grubbing

FSSS 203 Removal of Structures and Obstructions

FSSS 204 Excavation and Embankment

FSSS 209 Structure Excavation and Backfill

FSSS 301 Untreated Aggregate Courses

FSSS 320 Stockpiled Aggregates

FSSS 602 Culverts and Drains

FSSS 607 Cleaning, Reconditioning, and Repairing Existing Drainage Structures

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-19 - 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.

NOTE: Offeror’s are cautioned to carefully review these Project Specifications prior to submission of offers. All specifications contained in Section J are binding on the parties signing the contract.

C-20 – Biopreferred Products

The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.

8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition

Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic

Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and

Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving

Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

Finding BioPreferred products is simple, using the program’s online catalog. To view the catalog, go to www.biopreferred.gov.

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (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 Inspection: 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.

http://www.arnet.gov/far/

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/

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 7 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 21 calendar days from the start date annotated on the Notice to

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

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

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15 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 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 - 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-10 - 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.

H-11 – Work Schedule

A Work Schedule shall define the overall time required to perform the identified work. Each major task, including beginning time and ending time, shall be identified within the schedule. Notify the Contracting

Officer whenever there are significant departures from the approved Work Schedule. Submit any requests to modify the Work Schedule, in writing to the Contracting Officer with an explanation for the deviation.

H-12 - Subcontract Data

The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the

Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be submitted before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flowdown" contract clauses have been included in their contract in accordance with FAR Clause 52.222-11.

Completing this form creates no contractual relationship between subcontractors and the Government.

H-13 - Site Superintendent

It shall be the responsibility of the Contractor to provide a responsible site superintendent to represent the

Contractor in the field in all matters under this contract including, but not limited to construction, day-to-day coordination of activities, control over employees and subcontractors, and coordination with local

Government personnel. The site superintendent shall be designated in writing. They shall be available on site in person to respond to any and all problems during normal working hours. The site superintendent shall be responsible for on-site Quality Control.

Site superintendent shall maintain on site a file containing the following project documents.

Executed Copy of the Contract

Contract Drawings

Contract Specifications

Quality Control Plan – (up to date)

As-Built Drawing – (up to date) if required

Work Orders

Modifications

This file shall be maintained and available to the Contracting Officer upon request. If the Site

Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent.

H-14 - 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.

H-15 – Washing Equipment

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.

H-16 – Fuel Storage

A written Hazardous Spill Plan may be required for projects which involve fuel storage and refueling actions. The plan shall 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.

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).

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 spill containment kit shall be available on site that is to accommodate potential spills from the equipment used during construction.

H-17 - 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/ www.usda.gov/procurement/policy/agar.html

52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards (JUL 2013)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporation (MAY 2011)

52.211-18 Variation in Estimated Quantity (APR 1984)

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

52.219-14 Limitations on Subcontracting (NOV 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

52.222-3 Convict Labor (JUN 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 (JUL 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 Act Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

(MAY 2014)

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 Veterans (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010)

52.222-37 Employment Reports Veterans (SEP 2010)

52.222-50 Combating Trafficking in Persons (FEB 2009)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(SEP 2013)

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL

1995)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts http://www.usda.gov/procurement/policy/agar.html

(MAY 2008)

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

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

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

52.228-2 Additional Bond Security (OCT 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 (MAY 2014)

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

52.232-18 Availability of Funds (APR 1984)

52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (MAY 2014)

52.232-33 Payment of 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 (SEP 2006)

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)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

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

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items (MAY 2014)

52.245-1 Government Property (APR 2012) ALT I (APR 2012)

52.245-9 Use and Charges (APR 2012)

52.246-21 Warranty of Construction (MAR 1994)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)

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

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988)

452.236-73 Archeological or Historic Sites (FEB 1988)

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