SOLICITATION.doc

AG-02RC-S-10-0036

RAC 2010 Asphalt Repair

AG-02RC-S-10-0036

RAC 2010 Asphalt Repair

REQUEST FOR QUOTATION

PAGE OF PAGES

IS

AND/OR DMS REG. 1

USDA – Forest Service

Idaho Montana Acquisition Team 3815 Schreiber Way Coeur d’Alene, ID 83815 See Schedule

FOB DESTINATION

Wendy Stephenson – CO

Ken Wickward - Technical 765-7468 283-7527

a. NAME OF CONSIGNEE

AUGUST 24, 2010

4:30 P.M. - PDT

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)

RAC 2010 ASPHALT REPAIR

Libby Ranger District Kootenai National Forest Lincoln County, Montana

DUNS #

NOTE: THIS PROJECT IS

*** HUB-ZONE SET-ASIDE ***

TIN #

Size Stnd:

$33.5 million

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

SECTION B - SUPPLIES OR SERVICES AND PRICES

RAC 2010 ASPHALT REPAIR

Libby Ranger District

Kootenai National Forest

Lincoln County, Montana

B- 1 - SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

Method of Measure

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

40401

Minor hot asphalt concrete, Compaction Method (a)

AQ

Ton

OPTION 1: Minor hot asphalt concrete, Compaction Method (a)

AQ

OPTION 2: Minor hot asphalt concrete, Compaction Method (a)

AQ

OPTION 3: Minor hot asphalt concrete, Compaction Method (a)

AQ

TOTAL>>>>>>>>>>>>>>>>>

B-2 - NOTE: 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.

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

Temporary Traffic Control including signs and flaggers are required and incidental to Pay Item 40401.

* Designated Method of Measurement:

AQ - Actual Quantities, LSQ - Lump Sum Quantities

Quote on all items. Only quotes to the nearest cent will be accepted.

B- 3 – PAYMENT FOR BOND PREMIUMS

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

B- 4 – BASIS OF AWARD

One award will be made. 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 capability to accomplish this type of work. The Experience Questionnaire will be used as part of this evaluation.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C- 1 – PROJECT DESCRIPTION AND LOCATION

Description of Work. This project is to repair/maintain the paved surface on Bear Creek Road, NFSR #278. Work will consist of contractor providing a 1 ½ inch thickness full width asphalt overlay. The Base Item is for 400 tons of asphalt overlay. The overlay will begin at the end of a recent overlay which began at the junction of US Highway 2 and Bear Creek Road #278.

Three options have been included in the Schedule of Items, for an additional 100 tons, and/or 200 tons, and/or 300 tons of asphalt overlay. All, some, or none of the options may be awarded, depending o availability of funds.

Project Location. From Libby, Montana, proceed south on US Highway 2 to the junction of US Highway 2 and Bear Creek Road # 278, approximately 7 miles. Turn right on Bear Creek Road #278 and proceed approximately 0.1 miles to the beginning of the project.

Price Range. Between $25,000 and $100,000.

Site Visit. No site visit is planned for this project. For further information, please contact Kenneth Wickward at the Libby Ranger District, 406-283-7527. (See Section L, FAR clause 52.237-1).

Start Work. It is estimated that work will begin on September 1, 2010.

Period of Performance. (See Section F, FAR Clause 52.211-10.)

C- 2 – GOVERNMENT FURNISHED PROPERTY

Rock source(s)

C- 3 – STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON

FEDERAL HIGHWAY PROJECTS FP-03 U.S. Customary Units (U.S. DEPARTMENT OF TRANSPORTATION, Federal Highway Administration) (2003) Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03) are included by reference only. The requirements in these Standard Specifications are hereby made a part of this solicitation and any resultant contract.

Copies of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03) are available in PDF format on the Western Federal Lands Highway Division website at www.wfl.fha.dot.gov/design/specs/fp03.htm.

C-4 - SUPPLEMENTAL PROJECT SPECIFICATIONS

The Supplemental Project Specifications listed on the Specification List are applicable to this contract and are physically included in this section (C).

NOTE THAT THE SPECIFICATION LIST INCLUDES 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 PROPOSAL AND ANY RESULTANT CONTRACT.

Table of Contents

Table of Contents Preface 101 - Terms, Format, and Definitions

101.01 Meaning of Terms

101.03 Abbreviations.

101.04 Definitions.

102 - Bid, Award, and Execution of Contract 102 Bid, Award, and Execution of Contract 103 - Scope of Work Deletions 104 - Control of Work Deletions

104.06 Use of Roads by Contractor

105 - Control of Material

105.02 Material Sources.

105.02(a) Government-provided sources.

105.05 Use of Material Found in the Work.

106 - Acceptance of Work

106.07 Delete

107 - Legal Relations and Responsibility to the Public

107.05 Responsibility for Damage Claims.

107.06 Contractor’s Responsibility for Work.

107.09 Legal Relationship of the Parties.

107.10 Environmental Protection.

108 - Prosecution and Progress 108 Delete.

109 - Measurement and Payment 109 Deletions

109.02 Measurement Terms and Definitions.

109.02 Measurement Terms and Definitions.

151 - Mobilization

151.01 Description

151.02 Measurement

155 - Schedules for Construction Contracts 155 Delete.

156 - Public Traffic 404 - Minor Hot Asphalt Concrete

404.02 Composition of Mix (Job-Mix Formula).

404.04 Weather Limitations.

404.07 Compacting (a).

404.09 Acceptance.

Table 404-1. Sampling and Testing Requirements.

635 - Temporary Traffic Control

635.03 General.

718 - Traffic Signing and Marking Material

718.05 Aluminum Panels

Preface

Preface_wo_03_15_2004_m Delete all but the first paragraph and add the following:

The Forest Service, US Department of Agriculture has adopted FP-03 for construction of National Forest System Roads.

101 - Terms, Format, and Definitions

101.00_nat_us_07_25_2005

101.01_nat_us_01_22_2009

101.01 Meaning of Terms

Delete all references to the TAR (Transportation Acquisition Regulations) in the specifications.

101.03_nat_us_06_16_2006

101.03 Abbreviations.

Add the following to (a) Acronyms:

AFPA

MSHA

NIST

NESC

WCLIB

American Forest and Paper Association Mine Safety and Health Administration National Institute of Standards and Technology National Electrical Safety Code West Coast Lumber Inspection Bureau

Add the following to (b) SI symbols:

101.04_nat_us_03_29_2007

101.04 Definitions.

Delete the following definitions and substitute the following:

Bid Schedule--The Schedule of Items.

Bridge--No definition.

Contractor--The individual or legal entity contracting with the Government for performance of prescribed work. In a timber sale contract, the contractor is the “purchaser”.

Culvert--No definition.

Right-of-Way--A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Add the following:

Adjustment in Contract Price--“Equitable adjustment,” as used in the Federal Acquisition Regulations, or “construction cost adjustment,” as used in the Timber Sale Contract, as applicable.

Change--“Change” means “change order” as used in the Federal Acquisition Regulations, or “design change” as used in the Timber Sale Contract.

Design Quantity--“Design quantity” is a Forest Service method of measurement from the FS-96 Forest Service Specifications for the Construction of Roads and Bridges. Under these FP specifications this term is replaced by the term “Contract Quantities”.

Forest Service--The United States of America, acting through the Forest Service, U.S. Department of Agriculture.

Neat Line--A line defining the proposed or specified limits of an excavation or structure.

Pioneer Road--Temporary construction access built along the route of the project.

Purchaser--The individual, partnership, joint venture, or corporation contracting with the Government under the terms of a Timber Sale Contract and acting independently or through agents, employees, or subcontractors.

Protected Streamcourse--A drainage shown on the plans or timber sale area map that requires designated mitigation measures.

Road Order--An order affecting and controlling traffic on roads under Forest Service jurisdiction. Road Orders are issued by a designated Forest Officer under the authorities of 36 CFR, part 260.

Schedule of Items--A schedule in the contract that contains a listing and description of construction items, quantities, units of measure, unit price, and amount.

Utilization Standards--The minimum size and percent soundness of trees described in the specifications to determine merchantable timber.

Add Figure 101-1—Illustration of road structure terms:

Figure 101-1—Illustration of road structure terms.

102 - Bid, Award, and Execution of Contract

102.00_nat_us_02_16_2005

102 Bid, Award, and Execution of Contract

Delete Section 102 in its entirety.

103 - Scope of Work

103.00_nat_us_02_16_2005

Deletions

Delete all but subsection 103.01 Intent of Contract.

104 - Control of Work

104.00_nat_us_06_16_2006

Deletions

Delete Sections 104.01, 104.02, and 104.04.

104.06_nat_us_02_17_2005

Add the following subsection:

104.06 Use of Roads by Contractor

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in the Road Order(s) or described in the contract, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

105 - Control of Material

105.02_nat_us_01_18_2007

105.02 Material Sources.

105.02(a) Government-provided sources.

Add the following:

Comply with the requirements of 30 CFR 56, subparts B and H. Use all suitable material for aggregate regardless of size unless otherwise designated. When required, re-establish vegetation in disturbed areas according to section 625.

105.05_nat_us_05_12_2004

105.05 Use of Material Found in the Work.

Delete 105.05 (a) and (b) and the last sentence of the second paragraph and substitute the following:

Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to make reimbursement for the cost of producing these materials.

106 - Acceptance of Work

106.07_nat_us_05_11_2004

106.07 Delete

Delete subsection 106.07.

107 - Legal Relations and Responsibility to the Public

107.05_nat_us_05_11_2004

107.05 Responsibility for Damage Claims.

Delete the entire subsection.

107.06_nat_us_06_16_2006

107.06 Contractor’s Responsibility for Work.

Delete the following from the first paragraph.

“except as provided in Subsection 106.07”.

107.09_nat_us_06_16_2006

107.09 Legal Relationship of the Parties.

Delete the entire subsection.

107.10_nat_us_06_16_2006

107.10 Environmental Protection.

Add the following:

Design and locate equipment repair shops, stationary refueling sites, or other facilities to minimize the potential and impacts of hazardous material spills on Government land.

Before beginning any work, submit a Hazardous Spill Plan. List actions to be taken in the event of a spill. Incorporate preventive measures to be taken, such as the location of mobile refueling facilities, storage and handling of hazardous materials, and similar information. Immediately notify the CO of all hazardous material spills. Provide a written narrative report form no later than 24 hours after the initial report and include the following:

· Description of the item spilled (including identity, quantity, manifest number, and other identifying information).

· Whether amount spilled is EPA or state reportable, and if so whether it was reported, and to whom.

· Exact time and location of spill including a description of the area involved.

· Containment procedures.

· Summary of any communications the Contractor had with news media, Federal, state and local regulatory agencies and officials, or Forest Service officials.

· Description of clean-up procedures employed or to be employed at the site including final disposition and disposal location of spill residue.

When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. Clean up spills or leaks to the satisfaction of the CO and in a manner that complies with Federal, state, and local laws and regulations.

108 - Prosecution and Progress

108.00_nat_us_02_16_2005

108 Delete.

Delete Section 108 in its entirety.

109 - Measurement and Payment

109.00_nat_us_02_17_2005

109 Deletions

Delete the following entire subsections:

109.06 Pricing of Adjustments.

109.07 Eliminated Work.

109.08 Progress Payments.

109.09 Final Payment.

109.02_nat_us_06_16_2006

109.02 Measurement Terms and Definitions.

(b) Contract quantity.

Add the following:

Contract quantities will be adjusted only when there are errors in the original design of 15% or more.

Change the following:

“(b) Cubic yard” to “(c) Cubic yard”.

Add the following definition:

(p) Thousand Board Feet (Mbf). 1,000 board feet based on nominal widths, thickness, and extreme usable length of each piece of lumber or timber actually incorporated in the job. For glued laminated timber, 1,000 board feet based on actual width, thickness, and length of each piece actually incorporated in the job.

109.02_0114_us_06_09_2008

109.02 Measurement Terms and Definitions.

Add the following definition:

(q) Actual quantity. (AQ) These quantities are determined from measurements of completed work.

151 - Mobilization

151.01_0114_us_08_04_2005

151.01 Description

Add the following:

This work consists of washing and treating construction equipment and vehicles necessary for equipment transport to remove seeds, plants, and plant fragments before the equipment is used on Forest Service lands.

Wash the sides, tops, and undercarriages of all construction equipment. Remove all seeds, plants, plant fragments, dirt, and debris from the construction equipment. Only equipment inspected by the Forest Service will be allowed to operate within the project area. All subsequent move-ins of equipment to the project area will be treated in the same manner as the initial move-in. This requirement does not apply to cars, pickup trucks, and other vehicles that regularly travel between the construction site and areas off the National Forest.

Equipment will be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment, components or the need for specialized inspection tools is not required.

Notify the CO in writing at least 24 hours before moving any construction equipment onto the National Forest. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service. Inspection will be required after every cleaning.

Use methods of cleaning and locations for cleaning approved by the C.O.

For work at a commercial washing facility, use an approved facility.

New infestations of noxious weeds of concern to Forest Service and identified by either Contractor or Forest Service, on the Project Area or on the haul route, will be promptly reported to the other party. Contractor and Forest Service will agree on treatment methods to reduce or stop the spread of noxious weeds when new infestations are found. A current list of noxious weeds of concern to Forest Service is available at each Forest Service office.

151.02 Measurement

Add the following:

Clean equipment prior to moving onto this project. The initial cleaning will not be included in the measurement for payment. Payment under this item will only be made if subsequent cleanings are ordered by the CO. Measurement shall be on an “each” basis, meaning one complete cleaning of all equipment required for this contract. Subsequent cleanings necessitated by the Contractor’s actions but not directed by the CO will not be included in the measurement for payment.

155 - Schedules for Construction Contracts

155.00_nat_us_05_11_2004

155 Delete.

Delete Section 155 in its entirety.

156 - Public Traffic

156.00_01_us_10_10_2006

Delete Section 156 in its entirety and replace with the following:

Description

156.01 This work consists of controlling and protecting public traffic adjacent to and within the project.

Material

156.02 Conform to the MUTCD and the following Sections and Subsections:

Construction sign panels

Retroreflective sheeting

718.01

Temporary concrete barrier

Temporary plastic fence

710.11

Temporary traffic control devices

718.22

156.03 General. Unless otherwise provided for in Table 156-1, keep existing roads open to all traffic during road improvement work, and maintain them in a condition that will safely and adequately accommodate traffic. Delays may not exceed 120 minutes at any one time followed by an open period of no less than 10 minutes.

Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a traffic control plan in accordance with MUTCD Part 6A.01 has been approved. Post construction signs and traffic control devices in conformance with MUTCD. Assure that all required signs are in place and approved prior to beginning work on project.

If the Contractor allows public traffic to use a new road being constructed prior to completion, it will be considered an existing road for traffic control purposes.

Do not construct detours outside of the clearing limits nor use alternate route detours without the written approval of the Contracting Officer.

156.04 Temporary Traffic Control. Install and maintain temporary traffic control devices adjacent to and within the project as required by the approved traffic control plan and the MUTCD. Install and maintain traffic control devices as follows:

(a) Furnish and install traffic control devices before the start of construction operations.

(b) All detours outside of clearing limits shall be approved in writing by the Contracting Officer as part of the traffic control plan.

(c) Install only those traffic control devices needed for each stage or phase.

(d) Relocate temporary traffic control devices as necessary.

(e) Remove or cover devices that no longer apply to the existing conditions.

(f) Immediately replace any device that is lost, stolen, destroyed, or inoperative.

(g) Keep temporary traffic control devices clean.

(h) Remove all temporary traffic control devices upon contract completion or when approved.

(i) When required, use flaggers certified by the American Traffic Safety Services Association, the National Safety Council, the International Municipal Signal Association, a state agency, or other acceptable organization. Perform the work described under MUTCD Part 6E. Use type III, VII, VIII, or IX retroreflective sheeting on flagger paddles. Do not use flags. Flaggers must wear high visibility safety apparel as required by MUTCD 6E.02.

156.05 Temporary Closures. Road segments may be closed as shown in Table 156-1. The maximum consecutive days of closure shall be followed by a minimum number of consecutive days open to traffic as shown. Maintain traffic control devices during closure period(s). Erect and maintain appropriate barricades and signs as shown in the traffic control plan or as otherwise designated.

Prior to closing roads during construction, give written notice to the Contracting Officer at least 10 days in advance.

Table 156-1

Temporary Road Closures

156.06 Acceptance. Public traffic work will be evaluated under Subsection 106.02.

Measurement and Payment

156.07 Do not measure Public Traffic for payment. Compensation is made as an indirect payment.

404 - Minor Hot Asphalt Concrete

404.02_nat_us_06_09_2006

404.02 Composition of Mix (Job-Mix Formula).

Delete the second paragraph and replace with the following:

Submit a job-mix formula and supporting documentation, test results, and calculations for the material to be incorporated into the work. Include copies of laboratory test results and mix design data that demonstrate that the properties of the aggregate, additives, and mixture meet the current requirements and criteria of Federal or state agencies. Ensure that the job-mix formula was performed no more than one year prior to placing the hot asphalt concrete. After reviewing the Contractor’s proposed job-mix formula, the CO will determine the final values for the job-mix formula to be used and notify the Contractor in writing.

404.04_nat_us_03_02_2005

404.04 Weather Limitations.

Change 35o F to 45o F:

404.07_nat_us_03_02_2005

404.07 Compacting (a).

Delete and replace with the following:

(a) Roadway paving. Thoroughly and uniformly compact the surface a minimum of three passes with rollers that meet one of the following requirements:

(1) Steel-wheeled rollers, other than vibratory type, capable of exerting a force of not less than 1.5 ton/feet of width of the compression roll or rolls.

(2) Vibratory steel-wheel rollers with a minimum mass of 5 ton, equipped with amplitude and frequency controls, and designed to compact asphalt concrete.

(3) Pneumatic-tire rollers with smooth tread tires of equal size that provide a uniform compacting pressure for the full width of the roller and capable of exerting a ground pressure of at least 80 lbf/in2.

Perform initial compaction while the mixture is above 250 °F. Perform finish rolling with steel-wheel rollers and continue until no roller tracks remain.

404.09_nat_us_03_02_2005

404.09 Acceptance.

Add the following to the second paragraph:

See Table 404-1 for sampling and testing requirements.

Table 404-1. Delete and replace with the following:

Table 404-1. Sampling and Testing Requirements.

635 – Temporary Traffic Control

635.03_nat_us_05_13_2004

635.03 General.

Add the following:

Install temporary traffic control signs to temporary posts or approved temporary sign mounts.

718 - Traffic Signing and Marking Material

718.05_nat_us_08_05_2009

718.05 Aluminum Panels

Delete the third paragraph and replace with the following:

Clean, degrease and properly prepare the panels according to methods recommended by the sheeting manufacturer. Conversion coatings will conform to ASTM B-921 or ASTM B-449.

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)

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 - FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F- 2 - FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than September 30, 2011. The time stated for completion shall include final cleanup of the premises.

F- 3 - AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from September 1, 2010 through September 30, 2011.

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

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) 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.

(10) 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.

(11) 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 – 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- 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 – 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.

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- 6 – SAMPLES, TESTS, CITED SPECIFICATIONS

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

H-7 – BARRICADES, WARNING SIGNS, AND OTHER DEVICES

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

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

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

H-8 – ENVIRONMENTAL MANAGEMENT SYSTEMS (EMS)

Definition. An EMS provides a systematic approach for continually improving environmental performance and identifies the major environmental aspects and associated impacts that occur on a National Forest or Grassland. There are controls in place to manage these impacts, such as NEPA analysis, best management practices (BMPs), and resource monitoring. The EMS simply documents and ensures that these controls are in place and working as intended. EMS is an ongoing process that formalizes the Forest Service’s commitment to adaptive management and continual improvement of the environment.

Environmental Objectives:

1. Invasive Weeds – Reduce invasive weed introduction or spread through improved and more effective control and management.

2. Vegetation Management – 1) Restore or maintain vegetation health including the improvement or maintenance of resilient, native wildlife habitat and 2) Reduce fuels in a pattern and location to decrease fire intensity in the proximity of Wildland Urban Interface (WUI) or Community Wildfire Protection Plan areas.

3. Travel Management – 1) Reduce the existing road systems’ contributed sediment and impairment of water quality and aquatic habitats and 2) Improve security for grizzly bears or elk through the designation of roads, trails, and areas for motor vehicle use.

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. 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 – 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.

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

H-11 – 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.

SECTION I - CONTRACT CLAUSES

I- 1 - FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEPT 2006) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) 52.222-3 Convict Labor (JUNE 2003)

52.222-6 Davis-Bacon Act (JULY 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (FEB 1988)

52.222-9 Apprentices and Trainees (JULY 2005)

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

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

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

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-36 Affirmative Action for Workers with Disabilities (JUNE 1998)

52.222-50 Combating Trafficking in Persons (FEB 2009)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008) 52.224-1 Privacy Act Notification (APR 1984)

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

52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (SEP 2009)

52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995)

52.228-14 Irrevocable Letter of Credit (DEC 1999)

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

52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986)

52.232-27 Prompt Payment for Construction Contracts (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer—Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002) 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 1991)

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

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (APR 2010)

52.245-1 Government Property (JUNE 2007) 52.246-21 Warranty of Construction (MAR 1994)

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

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988)

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

I- 2 - FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause-

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

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

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

"Registered in the CCR database" means that-

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

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

(b)

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

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

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

(1) An offeror may obtain a DUNS number-

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the…