AG-02NV-S-16-0005_Cold_Springs_AOP_RFQ.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE 1 52

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

AG-02NV-S-16-0005

11/17/2015 UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date) USDA – Forest Service IDAWY Service Center, 1405 Hollipark Dr., Idaho Falls, ID 83401

See Section F: Deliveries and Performance

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER X OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Marge Schafer:

msschafer@fs.fed.us

208 557-5811 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 (Date)

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

December 17, 2015; 2:00 PM MT 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)

Cold Springs Aquatic Organism Passage (AOP)

Project

New Meadows Ranger District Payette National Forest Adams County, Idaho

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

PLEASE PLACE YOUR QUOTE IN SECTION B-1

SCHEDULES OF ITEMS

FURNISHING QUOTATION: Complete Standard Form 18, Section B, Section K, Technical Proposal and Verification of Workers Compensation as your quote. Return to the address shown in Block 5a. Note “Solicitation No. AG-02NV-S-16- 0005” on the envelope.

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

12. DISCOUNT FOR PROMPT PAYMENT (%) (%) 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 NO. _____________ Cage Code______________

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)

CONSTRUCTION RFQ thru FAC 2005-84 - 11/01/15 AG-02NV-S-16-0005 Cold Springs Aquatic Organism Passage (AOP) Project New Meadows Ranger District, Payette National Forest

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

COLD SPRINGS AQUATIC ORGANISM PASSAGE (AOP) PROJECT

New Meadows Ranger District Payette National Forest Adams 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.”

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

B- 1 Schedule of Items - COLD SPRINGS AQUATIC ORGANISM PASSAGE (AOP) PROJECT

Pay Item Item Description Method of Measure

Pay Unit

Est.

Qty

Unit Price Total Amount

151-01d Mobilization

LSQ LS 1

152-21d Construction survey and staking, LSQ LS 1

157-13d Soil Erosion & Pollution Control

LSQ LS 1

203-05d Removal structures and obstructions remove from project_

LSQ LS 1

209-11d Structure excavation and backfill

LSQ LS 1

251.11d* Placed riprap, class 3 CQ CY 9

308- 09d*

Roadway aggregate surfacing (government supplied), Compaction method 1

CQ

CY

552-01d Structural Concrete Class A for precast footings

LSQ LS 1

603-01d 12’ span 6’-3“rise, structural plate pipe arch, 12 gage thickness

AQ FT 48

625-03d Turf Establishment (Government supplied seed)

648-05d

Placed streambed simulation rock, Bed Class 14, Method A

Total Price (All Items B- 1)

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B-2 - NOTE:

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

An * next to an Item Number indicates that the quantity shown is a Contract Quantity per 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. “

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

Include bond payments under 151.01 Mobilization.

B- 3 Quote Instructions and Basis of Award

Quote must include prices for all items in both Schedules of Items B-1. One award will be made. Only quotes to the nearest cent will be accepted, provide unit prices for all items except those measured Lump Sum and do not round the extended item amounts. Offer of award will be made to the Quoter whose quote, as determined by the Contracting Officer, provides the best value to the Government, considering but not limited to, such factors as price, past performance and company experience, technical approach and understanding of the project, saftey of operations and project management.

As your quote, submit a completed and signed SF-18, completed Schedules of Items B- 1, a Technical Proposal, a completed Section K and a Verification of Workers Compensation. Technical and price proposals are required for evaluation of quotations. See Section L for instructions and Section M for evaluation/award information.

Quotes submitted via facsimile or email will NOT be accepted.

B- 4 Payment for Bond Premiums

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

B- 5 Written Acceptance

Any contract resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

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B-7 Idaho Use Tax

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.

CONSTRUCTION RFQ thru FAC 2005-84 - 11/01/15 AG-02NV-S-16-0005

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C- 1 Project Description and Location

(a) Description of Work and Locations.

This contract shall consist of the following work to replace one culvert with aquatic organism passage (AOP) structure.

MAIN CONTRACT One AOP t 50063- MP 1.17 Cold Springs Creek.

GENERAL ITEMS COMMON TO ALL AOP’s

1. Submit an erosion control plan that will show the stream diversion plans.

2. Remove and dispose of existing pipes.

3. Set and maintain survey control staking by referencing Government supplied control points.

4. Place stream simulation rock salvaged from excavation to construct a natural stream channel.

5. Backfill new structures.

6. Salvage rock for riprap on the fill slopes.

7. Haul any excess material to the disposal sites shown on the plans.

8. Haul and place government supplied crushed aggregate.

9. Scatter slash, mulch and spread government supplied seed on disturbed areas.

10. Supply and place Type III traffic barriers and ROAD CLOSED AHEAD signs.

The culvert is in the Smokey Boulder area. The culvert replacement is on spur road 50063. From New Meadows, drive on Highway 95 for 11 miles. Turns left onto FSR 50074 and drive through Round Valley and continue on 50074 for approximately 6 miles, to the junction of 51251. The culvert is on spur road 50063 off of road 51251.

(b) Price Range. Government Cost Estimate, per FAR 36.204, is between $25,000 - $100,000.

(c) Pre-Bid Tour. No organized site visit is planned for this project.

(d) Construction Timing. There are time requirements for fish disturbance issues.

The work windows are as listed below:

Culvert instream work can only be proformed between (July 15, 2016 - August 15, 2016)

Instream work is defined as any work below the normal high water such as stream diversion or dewatering or placing of precast footings, or

CONSTRUCTION RFQ thru FAC 2005-84 - 11/01/15 AG-02NV-S-16-0005 placement of stream simulation materials or turning the stream back into the finished channel.

Work outside of the stream such as staging equipment or materials, removal of the embankment over the existing culverts, erection of the arch and backfill of the arch, placing of the lid on the precast box, and placing of aggregate surface can be done before or after these dates.

THE ENTIRE PROJECT MUST BE COMPLETED NO LATER THAN SEPTEMBER 30,

2016.

(e) Period of Performance. See Part I, Section F, Clause 52.211-10 Alt I.

C-2 – Government Furnished Material

Unclassified borrow

Waste site for excess and unsuitable material.

See Section G-4 and FAR 52.245-1 in Section I-1 for additional information.

C-3 – Forest Service Supplemental Specifications

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.

SUPPLEMENTAL SPECIFICATION LIST

COLD SPRINGS AQUATIC ORGANISM PASSAGE (AOP) PROJECT

FP-03 101 Terms, Format, and Definitions FSSS 101 Terms, Format, and Definitions FSSS 102 Bid, Award, and Execution of Contract FP-03 103 Scope of Work FSSS 103 Scope of Work FP-03 104 Control of Work http://www.wfl.fha.dot.gov/design/specs/fp03.htm

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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 Measurement and Payment FP-03 151 Mobilization FSSS 151 Mobilization FP-03 152 Construction Survey and Staking FSSS 152 Construction Survey and Staking FP-03 153 Contractor Quality Control FSSS 153 Contractor Quality Control FSSS 155 Schedules for Construction Contracts FSSS 156 Public Traffic FP-03 157 Soil Erosion Control FSSS 157 Soil Erosion 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-03 209 Structure Excavation and Backfill FSSS 209 Structure Excavation and Backfill FP-03 251 Riprap FSSS 251 Riprap FSSS 308 Minor Crushed Aggregate FP-03 552 Concrete FSSS 552 Structural Concrete for Precast Footings for

51251-0.5 FSSS 553 Precast Box Culvert FP-03 603 Structural plate Structures FSSS 603 Structural Plate Structures FP-03 Fences , gates and cattleguards FP-03 625 Turf Establishment FSSS 625 Turf Establishment FSSS 648 Stream Simulation FP-03 705 Rock FSSS 705 Rock

NOTE:

Bidders are cautioned to carefully review these Standard and Supplemental Project Specifications prior to submission of bids. 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.

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Note that the supplemental specification lists include the major specifications applicable to this project. Other specifications referred to within these specifications (even though not specifically listed herein) are also fully applicable to this request for quotes and any resultant contract.

C-4 - Biobased Product Utilization

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards.

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic Fluids Penetrating Lubricants Degreasers Absorbents Diesel Fuel Additives Greases Dust Suppressants 2-Cycle Engine Oil Sorbents Adhesive and Mastic Removers Cleaners Concrete/Asphalt Release Fluids Composite Panels Sealers Wood and Concrete Sealers Graffiti and Grease Removers Stain Removers Metalworking Fluids

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

http://www.biopreferred.gov/

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C-5 AGAR 452.211-73

Attachments to Statement of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C-6 TECHNICAL REQUIREMENTS

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

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SECTION E - INSPECTION AND ACCEPTANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E- 2 – Pre-Final and Final Inspection

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

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

If any discrepancies are noted, they shall be handled in accordance with 52.246-12.

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

CONSTRUCTION RFQ thru FAC 2005-84 - 11/01/15 AG-02NV-S-16-0005

SECTION F - DELIVERIES OR PERFORMANCE

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

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

52.242-14 Suspension of Work (APR 1984)

F- 2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (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 September 30, 2016.

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

All stream work must occur between July 15, 2016 and August 15, 2016. Operation of equipment within the stream is prohibited outside this time period.

F- 3 AGAR 452.211.74 Period of Performance (FEB 1988)

The period of performance of this contract is from Award date through September 30, 2016.

http://www.acquisition.gov/far

CONSTRUCTION RFQ thru FAC 2005-84 - 11/01/15 AG-02NV-S-16-0005

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1 - Contract Administration

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

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

(c) CONTRACTOR'S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

G -2 - Address of Correspondence

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

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

IDAWY Acquisition Service Center Contact:

Marge Schafer - Contracting Officer 1405 Hollipark Drive Idaho Falls, ID 83401

(208) 557-5811 Note: Include Contract Number on all correspondence.

G-3 - AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful quoter is required. It will be scheduled and held within 30 days of the commencement of work. The conference date and location will be determined after contract award.

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G-4- 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 elsewhere in the contract.

Sources have been designated for this project as follows:

Unclassified borrow

Waste site for excess and unsuitable material.

CONSTRUCTION RFQ thru FAC 2005-84 - 11/01/15 AG-02NV-S-16-0005

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H-2 CONDITIONS ON USE OF PREMISES (Camping)

Camping wil be allowed at a specific site, when approved in advance by the contracting officer. The camping authorization letter is shown here.

USE OF PREMISES

(CAMPSITE LOCATION AND USE FOR SERVICE/CONSTRUCTION CONTRACTORS)

New Meadows Ranger District Payette National Forest

Camp Location:Dispersed camp along 074 Date to Start Camping:

No. of Occupants : Contract Number AG-xxxx

Use of Premises:

1. The Contractor shall designate a camp representative for each camp who will be responsible for assuring adherence to this written camping authorization. The Contractor shall furnish, in writing, the name of the camp representative to the Forest Service: .

2. A pit toilet is required in any camp occupied by 10 persons or less and must be located at least 200 feet away from any water source.

3. A chemical toilet is required in any camp occupied by more than 10 persons or that is occupied for more than 30 days.

4. One chemical toilet is required per 35 persons.

5. Camps will be maintained in a neat and orderly appearance at all times.

6. Cleaning or washing of personal property, food, or animals in any live body of water is prohibited.

7. The Forest Service will inspect all campsites upon completion of the project. Campsites shall be returned to as natural condition as possible.

8. Hunting or the discharging of any firearm within 500 yards of the camp is prohibited.

9. Road closures will be strictly adhered to except as provided by the specifications of the contract in conducting official business.

10. Each camper will abide by the General Fire Provisions in the contract, and to Federal and State Fire Regulations.

Contractor Date Forest Service Representative Date Contractor Address New Meadows District Ranger

H-3 PHYSICAL DATA (FAR 52.236-4) (APR 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by the U.S. Department of Agriculture, Forest Service. Features shown on the plan & profile sheets were identified by visual observation during the preliminary location and survey and during a "plans in hand" review.

(b There are time requirements for fish disturbance. See C.3 Contract time.

H-4 OTHER FACTORS AFFECTING THE WORK

STREAM CHANNEL ALTERATION PERMITS

The Forest Service will obtain 404 Stream Channel Alteration Permits from the U.S. Army Corps of Engineers and 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 arch and stream simulation material.

Copies of the permits will be made available to the Contractor at the time of the Contract award.

NOXIOUS WEED CONTROL. (2/96) In order to prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment. See supplemental spec 151 Mobilization for weed free requirements.

Straw/Hay Bales shall be certified as “Weed Free”. The source field shall be inspected and certified by the county extension agent from the county that the straw/hay is grown. Each

CONSTRUCTION RFQ Thru FAC 2005-84 – 11/01/15 AG-02NV-S-16-0005 shipment onto the forest shall be accompanied by a certification tag stating that it is weed free. The contractor shall furnish the forest service with a statement of certification.

H-5 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 his employees, the Contractor, when requested by the Contracting Officer, shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

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

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

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

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax.

Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

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

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 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.

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(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 COd shall not be used unless authorized in writing by the CO 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.

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

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

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

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

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

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

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

Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least 3/4-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, an additional 250 feet of 3/4-inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with the proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

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

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

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

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

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

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

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

H- 6 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.

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

H-7 LANDSCAPE PRESERVATION

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

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

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

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

H- 8 LOSS, DAMAGE OR DESTRUCTION

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

H- 9 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.

No separate payment will be made for traffic control. Traffic control is an indirect pay item with 151.-1 Mobilization. See supplemental specification 156 - Public Traffic.

H- 10 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- 11 LOCAL MATERIAL SOURCES

(a) Designated Sources--Sources of local materials will be designated on the drawings. Sources are described in Supplemental spec 105- Control of Material. 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.

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(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- 12 SAMPLES, TESTS AND 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-13 - 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-14 - 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.

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H-15 - 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-16 INVOICE PROCESSING PLATFORM (IPP)

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

Upon award of a contract, Contractors must register at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

H-17 IDAHO WORKER’S COMPENSATION LAW

(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the Contractor must provide a completed State of Idaho Certificate of Verification of Workers’ Compensation Insurance form to the Government. This form will be submitted to the Idaho Industrial Commission by the Government in order to assure that the Contractor in line for award has the required worker’s compensation coverage or is exempt from the requirement for coverage.

(b) This certificate of verification shall be fully executed by the Contractor and signed by the Industrial Commission Compliance Officer prior to issuance of the Notice to Proceed.

http://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

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PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

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

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.222-3 Convict Labor (JUNE 2003) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination--Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY

2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (OCT 2015) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-55 Minimum Wages under Executive order 13658 (DEC 2014) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.224-1 Privacy Act Notification (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.227-4 Patent Indemnity--Construction Contracts (DEC 2007) 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)

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52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) Alternate I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 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…