solicitation.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-17-0022

OFFERS ARE SOLICITED FOR: CRYSTAL CREEK BRIDGE REPLACEMENT

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS

SOLICITATION:

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

2. Section B – Schedule of Items (Pages 3-4). (Complete Unit Price and Amount)

3. Section K – Representations and Certifications (Pages 38-45).(Complete the Representations and

Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)

4. Technical and Business Proposal

5. Bid Guarantee

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

Return to: IDAWY Acquisition Service Center

1405 Hollipark Drive

Idaho Falls, ID 83401

Solicitation No. AG-02NV-S-17-0022

**Please keep a copy of your offer for your records.

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

DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE FAR 52.204-7 SYSTEM FOR AWARD

MANAGEMENT FOR DETAILS ON HOW TO APPLY.

ALL SOLICITATIONS SHALL BE ISSUED THROUGH FEDBIZOPS. NO PAPER SOLICITATIONS SHALL BE ISSUED.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS.

AG-02NV-S-17-0022 Crystal Creek Bridge Replacement Project

Bridger-Teton National Forest

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-02NV-S-17-0022

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

5/31/2017

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

839344

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA, Forest Service IDAWY Acquisition Service Center 1405 Hollipark Drive

USDA, Forest Service

1405 Hollipark Drive Idaho Falls, ID 83401

9. FOR INFORMATION

CALL:

A. NAME

Kellie Shaw

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

(208) 557-5766

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

NOTICE TO OFFEROR’S:

Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation’s closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an efferor for any costs incurred.

CRYSTAL CREEK BRIDGE REPLACEMENT PROJECT

Bridger-Teton National Forest

Teton County, WY Price Range

The Government’s estimate is:

Between $500,000 and $1,000,000.

This a Total Small Business Set-Aside

11. The Contractor shall begin performance within 10 calendar days and complete it within See Section F-2 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F clause 52.211-10)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 2 copies to perform the work required are due at the place specified in Item 8 by 1:00pm local time June 30, 2017. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required. (If “is required” see clause 52.228-1)

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

D. Offers providing less than 120 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

Duns No. ____________________________

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

IDAWY Acquisition Service Center

1405 Hollipark Drive

Idaho Falls, ID 83401

USDA, National Finance Center

P.O. Box 60000

New Orleans, LA 70160-0001

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

NOTICE TO OFFEROR’S:

Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation’s closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

PART--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

CRYSTAL CREEK BRIDGE REPLACEMENT PROJECT

Jackson Ranger District

Teton County, Wyoming

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.”

B- 1 - Schedule of Items

Pay

Item

Item Description MM* Estimated

Quantity

Pay

Unit

Unit

Price

Amount

15101 Mobilization LSQ 1 LS $________ $________

15221 Construction Suvey and Staking LSQ 1 LS $________ $________

15713 Soil Erosion and Pollution

Control

LSQ 1 LS $________ $________

20102 Clearing and Grubbing LSQ 1 LS $________ $________

20305 Removal and Disposal of

Existing Structure

20401 Roadway Excavation and

Embankment (Commercial

Supplied)

CQ 1000 CY $________ $________

20402 Roadway Excavation and

Embankment (Government supplied)

CQ 1963 CY $________ $________

20806 Structure Excavation LSQ 1 LS $________ $________

20808 Structural Backfill and

Compaction Testing

25101 Type 4 Placed Riprap and Bed

Class 20 Stream Simulation

Material (Commercial Source)

CQ 159 CY $________ $________

30801 Roadway Aggregate, Compaction, Method 2

(Commercial Source)

AQ 227 Ton $________ $________

40401 Minor Hot Asphalt Concrete

(Commerical Source)

CQ 88 Ton $________ $________

55201 Structural Concrete, Class (AE) CQ 186 CY $________ $________

55602 Bridge Approach Railing, Type

II, Class A

CQ 150 Foot $________ $________

55603 Terminal Section, BTC End CQ 4 EA $________ $________

57102 Prefabricated Bridge

Superstructure, Design, Fabricate, Transport and Install

62503 Seeding, Dry Method

(Government Supplied Seed)

63306 Object Markers CQ 4 EA $________ $________

TOTAL AMOUNT OFFERED $___________________

* Designated Method of Measurement:

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

CQ - Contract Quantities

Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payment Under Fixed-Price

Construction Contracts, shall not be in addition to the contract price.

SECTION C--DESCRIPTION/SPECIFICATIONS

C- 1 - Scope of Contract

This is a CONSTRUCTION CONTRACT: This project consists of the removal and replacement of the

Crystal Creek Bridge. The Crystal Creek bridge is located on Gros Ventre road FDR #30400, approximately 19 miles Northeast of Jackson, 27 miles via the Gros Ventre road and Highway 89. The project is in Township 42N, Range 113W, Section 16 on the Bridger-Teton National Forest, Jackson

Ranger District. The existing Crystal Creek bridge has a transversely laminated deck with timber abutments and was built in 1952. The bridge has a 12.6 foot wide deck, and three spans of 30.7 feet, for a total length of 91.9 feet. This structure will be removed and disposed of off Forest. The existing structure should remain in place as long as possible to allow the shortest possible road closure. The new structure will be placed downstream of the old bridge, and will require road re-alignment and reconstruction per the attached plans. The wearing surface on the new bridge will be a 3 inch layer of asphalt. The road shall be realigned to fit a smooth curve. The contractor will be responsible for containing the water during construction so as to prevent sediment from entering the stream.

C- 2 - Project Location

The Crystal Creek bridge is located on Gros Ventre road FDR #30400, approximately 19 miles Northeast of Jackson, 27 miles via the Gros Ventre road and Highway 89. The project is in Township 42N, Range

113W, Section 16 on the Bridger-Teton National Forest, Jackson Ranger District.

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

C- 4 - Start Work

It is estimated that work will begin approximately August 1, 2017.

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 following items will be government furnished:

*None

C- 7 – 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.

C- 8 – Site Information and Limitations

1. The site may be accessed from Jackson via State Highway 89 and Gros Ventre Road (FDR

#30400).

2. Construction sites will be closed to the public during construction. The Forest Service will issue a closure order to the public. The road and bridge must remain open and passable for the majority of this project. The road and or bridge may be closed for no more than 7 calendar days. The

Contractor must notify the Forest Service 14 days in advance of any road or bridge closure. The

Contractor will be responsible for signing and limiting public access with fencing.

3. Contractor shall provide all necessary material and labor necessary to protect streams, wet or dry, during construction activities. The Contractor will be required to submit a stream protection plan and receive approval from the COR, in writing, prior to the beginning of construction.

4. Utilities are not available at the site for construction purposes. The Contractor will be responsible for coordinating the installation of temporary power for the site and the cost for the service.

5. The Contractor shall provide construction water. Using water from the Gros Ventre River as construction water is not permitted.

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

C- 9 – Work Camps, Staging and Storage Areas

1. Areas for staging operations and storage of materials shall be approved by the CO. The

Contractor must request in writing for approval from the CO to stage trailers (work) on site.

2. No overnight camping will be allowed on site.

C-10 – Inspection of Worksite

The contractor acknowledges that 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-11 – 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. The following list of Standard and Supplemental Project Specifications are applicable to this project.

101 - Terms, Format and Definitions

102 – Bid, Award and Execution of Contract

103 – Scope of Work

104 – Control of Work

105 – Control of Material

106 – Acceptance of Work

107 – Legal Relations and Responsibility to the Public

108 – Prosecution and Progress

109 – Measurement and Payment

151 – Mobilization

152 – Construction Survey and Staking

154 – Contractor Sampling and Testing

155 – Schedules for Construction Contracts

156 – Public Traffic

157 – Soil Erosion Control

171 – Weed and Disease Prevention

201 – Clearing and Grubbing

204 – Excavation and Embankment

208 – Structure Excavation and Backfill for Selected Major Structures

251 – Riprap

308 – Minor Crushed Aggregate

404 – Minor Hot Asphalt Concrete

551 – Driven Piles

552 – Structural Concrete

556 – Bridge Railing

571 – Prefabricated Bridges

705 – Rock

SECTION D – PACKAGING AND MARKING

D- 1 – Packing and Marking

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

D- 2 – Project Labeling for Official Correspondence

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The

Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/ and the

Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements

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/ and the

Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

52.211-13 Time Extensions (SEP 2000)

52.242-14 Suspension of Work (APR 1984)

F- 2 - FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than noted below. The time stated for completion shall include final cleanup of the premises.

Start Date:

The anticipated Project Start Date is June 1, 2018.

End Date:

The Project End Date is as follows:

October 15, 2018

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:

Kellie Shaw, Contracting Officer

1249 1405 Hollipark Drive kjshaw@fs.fed.us

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H- 1 - Key Personnel

The key personnel specified in the Offeror’s Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the

Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification

(including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract.

No diversion shall be made by the Contractor without the written consent of the Contracting Officer:

Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

H- 2 - 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- 3 – Contractor Performance Assessment Reporting System

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition

Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System

(CPARS).

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

Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders (including prior to any renewal options exercised), an evaluation will be initiated by the Contracting Officer in the

CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

H- 4 - Incidental Payment Items

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

H- 5 - Conformity With Drawings and Specifications

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

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 – Traffic Control and Construction Signing

No work that endangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the contractor and approved by the COR. 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.

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 traffic control signs shall be placed in areas adequate for a truck pulling a fifth wheel trailer to be turned around. Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items.

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.

H- 9 – Weed-Free Equipment

In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. The removal of mud and debris from treds, tracks and undercarriage, with emphasis on axles, frame, cross-members, motor mounts, and underneath steps, running boards and front bumper/brushguard assemblies are required. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

H-10 – 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-11 - 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-12 - 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-13 - 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-14 – 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-15 - Prework Conference

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/ and the

Agriculture Acquisition Regulations may be accessed at www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (MAY 2014)

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

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights (APR 2014)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016)

52.204-13 System for Award Management Maintenance (OCT 2016)

52.204-14 Service Contract Reporting Requirements (OCT 2016)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-2 Audit and Records - Negotiation (OCT 2010)

52.216-4 Economic Price Adjustment - Labor and Material (JAN 2017)

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

52.219-8 Utilization of Small Business Concerns (OCT 2014)

52.219-9 Small Business Subcontracting Plan (JAN 2017)

52.219-14 Limitations on Subcontracting (JAN 2017)

52.219-16 Liquidated Damages – Subcontracting Plan (JAN 1999)

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) http://www.usda.gov/procurement/policy/agar.html

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)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (SEPT 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)

52.222-35 Equal Opportunity for Veterans (OCT 2015)

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

52.222-37 Employment Reports on Veterans (FEB 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-50 Combating Trafficking in Persons (MAR 2015)

52.222-54 Employment Eligibility Verification (OCT 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)

52.222-59 Compliance with Labor Laws (Executive Order 13673) (DEC 2016)

52.222-60 Paycheck Transparency (Executive Order 13673) (OCT 2016

52.222-61 Arbitration of Contractor Employee Claims (Executive Order 13673) (DEC 2016)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

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

(SEPT 2013)

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) ALT I (JUL 1995)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN 2016)

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

(MAY 2008)

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

52.223-20 Aerosols (JUN 2016)

52.223-21 Foams (JUN 2016)

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

52.227-1 Authorization and Consent (DEC 2007)

52.227-4 Patent Indemnity - Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

52.228-5 Insurance-Work on a Government Installation (JAN 1997)

52.228-11 Pledges of Assets (JAN 2012)

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014)

52.228-14 Irrevocable Letter of Credit (NOV 2014)

52.229-3 Federal, State, and Local Taxes (FEB 2013)

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

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

52.232-16 Progress Payments (Apr 2012) ALT I (MAR 2000)

52.232-17 Interest (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 (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.233-1 Disputes (MAY 2014) ALT I (DEC 1991)

52.233-3 Protest after Award (AUG 1996)

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

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

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

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984) ALT I (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items (JAN 2017)

52.245-1 Government Property (JAN 2017)

52.245-9 Use and Charges (APR 2012)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering - Construction (OCT 2015)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) ALT I (APR

2012)

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of

Improvements) (APR 2012)

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

52.252-6 Authorized Deviations in Clauses (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988)

452.236-70 Additive or Deductive Items (FEB 1988)

452-236-71 Prohibition Against the Use of Lead-Paint (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452-236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

I- 2 - FAR 52.223-9 Estimate of Percentage of Recovered Material Content for…