Solicitation.doc

AG-02RC-S-11-0049

RAC D5 Bear Creek Asphalt Overlay Phase 3

REQUEST FOR QUOTATION

PAGE OF PAGES

IS

UNDER BDSA REG. 2

AND/OR DMS REG. 1

USDA – Forest Service

Idaho Montana Acquisition Team 31374 US Hwy 2 Libby, MT 59923 See Contract Time

FOB DESTINATION

Jenny Votapka, Contractual Ken Wickward, Technical

283-7684 283-7527

a. NAME OF CONSIGNEE

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

RAC D5 Bear Creek

Asphalt Overlay Phase 3

Libby Ranger District

PLEASE PLACE YOUR QUOTE IN SECTION B- SCHEDULE OF ITEMS

THIS PROJECT IS:

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

FURNISHING QUOTATION: Complete Standard Form 18, Section B, Experience Questionnaire, Section K, and Section L as your quote. Return to the address shown in Block 5a. Please place “Solicitation No. AG-02RC-S-11-0049 on the envelope.

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

DUNS NO. _____________ TIN NO.___________________

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

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

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES

RAC D5 Bear Creek Asphalt Overlay Phase 3 Libby Ranger District Kootenai National Forest Lincoln County, MT

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), 1-1/2 inch lift w/pre-leveling as needed

AQ

Ton

OPTION 1: Minor hot asphalt concrete, Compaction Method (a), 1-1/2 inch lift w/pre-leveling as needed

AQ

Ton

OPTION 2: Minor hot asphalt concrete, Compaction Method (a), 1-1/2 inch lift w/pre-leveling as needed

AQ

Ton

OPTION 3: Minor hot asphalt concrete, Compaction Method (a), 1-1/2 inch lift w/pre-leveling as needed

AQ

Ton

Total, Including all options

* Designated Method of Measurement:

AQ - Actual Quantities

LSQ - Lump Sum Quantities

B- 2 Quote on all items. Only quotes to the nearest cent will be accepted. All, some or none of the options may be awarded depending on availability of funds.

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. Include bond payments under 15101 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.

B- 4 Written Acceptance Any contract resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

B- 5 Basis of Award One award may 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.

All, some or none of the options may be awarded depending on availability of funds. The Government reserves the right to make no award.

USDA Forest Service

EXPERIENCE QUESTIONNAIRE

Instructions: See Box 11, Remarks, if extra space is needed to answer any item below, Mark “X: in appropriate boxes.

1. Contractor Name, Address, and Telephone Number

2. Submitted to (Office Name and Address)

3. Business

[ ] Company [ ] Co-partnership

[ ] Corporation [ ] Individual

[ ] Non-profit Organization

4. How many years do you or your firm have in the line of work contemplated by this solicitation?

5. How many years experience have you or your business had as a (a) prime contractor ____ and/or (b) sub-contractor ____?

6. List below the projects your business has completed within the last three years:

7. List below all of your firm’s contractual commitments running concurrently with the work contemplated by this solicitation:

8a. Have you ever failed to complete any work awarded to you? [ ] Yes [ ] No

8b. Has work ever been completed by performance bond? [ ] Yes [ ] No

8c. Did you look at the project site(s) on-the-ground? [ ] Yes [ ] No

8d. If “Yes” to either item 8a. or 8b., specify location(s) and reason(s) why:

EXPERIENCE QUESTIONNAIRE CONTINUED

9. Employees and equipment that will be available for this project:

a. (1) Minimum number of employees: _____ and (2) Maximum number of employees: _____

b. Are employees regularly on your payroll: [ ] Yes [ ] No

c. Specify equipment available for this contract:______________________________________________________

d. Estimate rate of progress below (such as 2.0 acres/man/day):

(1) Minimum progress rate:________________ and (2) Maximum progress rate: _________________________

10. List below the experience of the principal individuals of your business: (Who will directly be involved in this contract?)

11. Remarks -- Specify Box Numbers (Attach sheets if extra space is needed to fully answer any above question.):

NOTE: PLEASE PROVIDE ANY ADDITIONAL INFORMATION THAT WILL HELP EVALUATE YOUR ABILITY TO SUCCESSFULLY COMPLETE THIS PROJECT.

CERTIFICATION

I certify that all of the statements made by me are complete and correct to the best of my knowledge, and that any persons named as references are authorized to furnish the Forest Service with any information needed to verify my capability to perform this project.

12a. CERTIFYING OFFICIAL’S NAME AND TITLE

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C- 1 Project Description and Location

(a) Description of Work. This project is to repair and maintain the paved surface on Bear Creek Road, NFSR #278. The project will consist of an 1 1/2 inch thick full width asphalt overlay. The base item is for 600 tons of asphalt overlay. The overlay will begin at the end of a recent overlay that ended at about milepost 0.8 on Bear Creek Road #278. Three options have been included for 100 tons, 200 tons and 300 tons of asphalt overlay.

(b) Project Location. From Libby, proceed south on US Hwy 2 to the junction of US Hwy 2 and Bear Creek Road #278, approximately 7 miles. Turn right on Bear Creek Road #278 and proceed to approximately 0.8 miles which is the beginning of the project.

(c) Price Range. Between $25,000 and $150,000.

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

(e) Start Work. It is estimated that work will begin on June 27, 2011. Contract time will run continuously with no shutdown.

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

C- 2 Standard Specifications "Standard Specifications for Construction of Roads & Bridges of Federal Highway Projects" (FP-03, U.S. Customary Units) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

Copies are available electronically on the U.S. DEPARTMENT OF TRANSPORTATION Federal Highways Administration website at http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm.

C-3 452.211-72 Statement of Work/Specifications (FEB 1988).

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C-4 452.211-73 Attachments to Statements of Work/Specifications (FEB 1988).

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

C- 5 Special Project Specifications

The Special Project Specifications listed on the Special Project Specifications table of contents are incorporated into this solicitation and any resultant contract and are physically included in this Section C.

C- 6 Drawings

See Section J for the listing of Drawings that are incorporated into this solicitation and any resultant contract.

SPECIAL PROJECT SPECIFICATIONS

Table of Contents

8Table 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 or use alternate route detours without the approval of the CO.

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.

PART I - THE SCHEDULE

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)

PART I - THE SCHEDULE

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 June 29, 2011 through September 30, 2011.

PART I - THE SCHEDULE

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

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. The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least ¾-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, and additional 250 feet of 3/4 –inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

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

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

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

(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 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- 4 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- 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.

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-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 – Staging and Storage Areas

Areas for staging operations and storage of material shall be approved by the COR. The Contractor shall request in writing for approval from the COR to stage/house material and equipment on site.

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

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): 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 (DEC 2010) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-3 Notice of Total HUBZone Set-Aside or Sole Source Award (JAN 2011) 52.222-3 Convict Labor (JUNE 2003)

52.222…