solicitation.doc

Elk Creek Dispersed Site Rehabilitation Project

AG-02RC-S-12-0119

UNDER BDSA REG. 2

AND/OR DMS REG. 1

USDA – IMAT

Nez Perce - Clearwater National Forests 104 Airport Road Grangeille, ID 83530

FOB DESTINATION

8. TO:

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

Elk Creek Dispersed Site Rehabilitation

Project

Clearwater National Forest, Palouse RD

Clearwater, Idaho

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)

PART 1 – THE SCHEDULE

SECTION B – SERVICES AND PRICES

ELK CREEK DISPERSED SITES REHABILITATION

NEZ PERCE - CLEARWATER NATIONAL FORESTS

PALOUSE RANGER DISTRICT

CLEARWATER COUNTY, IDAHO

B-1 – SCHEDULE OF ITEMS

*Designated Method of Measurement:

AQ – Actual Quantities CQ – Contract Quantities

LSQ – Lump Sum Quantities VQ – Vehicle Quantities

Technical Proposals are required for the evaluation of quotes. See Section M for evaluation and award information.

SUBMISSION CRITERIA

Items Required:

SF 18

Schedule of Items

State of Idaho Certification of Verification of Workers’ Compensation Insurance form (Section J) Technical Proposal (Section M), DUNS NUMBER ___________________

EIN ____________________________

Submission Methods

1. Fax #: 208-983-4098, ATTN: Sandra Aiken or

2. Hard Copy Mail To: Block 5a

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 - PROJECT DESCRIPTION AND LOCATION

a.

Description of Work. Project consists of decommissioning and rehabilitation of existing dispersed campsites adjacent to Elk Creek Road 382 and Ducky Flats Road. This work will be accomplished by mechanical soil decompaction, soil scarification, furnishing and placing of rock barriers, construction of fences, hauling and placing gravel, furnishing and installing site posts & panels and seeding and mulching disturbed areas.

b.

Project Location. Project is located 1 -10 miles north of Elk River, Idaho. From the town of Elk River, Idaho take Road 1705 north for 1 mile to the intersection with Elk Creek Road 382, 12 of the sites are accessed from this road between M.P. 1 – M.P. 9. Ducky Flats road is approximately 1 ¼ mile north of Elk River on road 1705, two of the sites are located adjacent to this road.

c. Price Range. $25,000 - $100,000 d.

Pre-Bid Tour. No pre-bid tour is planned. For further information contact Dave Brady at the Potlatch Ranger Station, 208-875-1730.

e.

Start Work. It is estimated that work will begin on September 15, 2012.

f.

Period of Performance. (See Part I, Section F, Clause 52.212-3)

C-2 - GOVERNMENT FURNISHED PROPERTY

Crushed Aggregate

Base Aggregate

C-3 - STANDARD SPECIFICATIONS

Standard Specifications are included as a separate APPENDIX of this solicitation. The project specifications applicable to this project are included in Appendix A.

C-4 - DRAWINGS

The following drawings are a part of this solicitation and any resulting contract, the drawings will be uploaded in a separate file.

SECTION E - INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

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

SECTION F - DELIVERIES OR PERFORMANCE

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) FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (APR 1984) The Contractor shall be required to (a) commence work in accordance with the accepted work plan (b) prosecute the work diligently, and (c) complete the entire work ready for use no later than September 15, 2013. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the contract will be awarded by September 15, 2012. If award is made after this date, the completion date will be extended by the equivalent number of days.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

FAR 52.236-4 Physical Data (APR 1984)

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by Forest Service specialists making physical determination based on surface observations.

(b) Weather Conditions. Normal snow conditions indicate a work season from approximately June 15 to October 15.

(c) Transportation Facilities. Access to the project from Elk River, Idaho is via Road 1705, this road is a lane and a half road with aggregate surfacing and Forest Road 382, an aggregate surfaced single lane road with turnouts and Ducky Flats Road, a native surface, single lane, high clearance vehicle road

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.

As a minimum, it is anticipated that the following type and number of signs will be required:

LANDSCAPE PRESERVATION

(a) Do not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for treatment. This does not include access roads. Confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Retrieve material which falls outside of these limits and dispose of, or incorporate in the work.

Preserve the scenic and natural environment along this construction project.

(b) Do not allow objectionable material to enter any stream, river, lake, or other body of water. Retrieve material which falls in these areas and dispose of, or incorporate in the work, and repair damage to vegetation or structures outside the project limits.

(c) Do not operate equipment or otherwise disturb the natural vegetation and soil beyond the construction limits.

ENVIRONMENTAL PROTECTION

Prevention of Oil Spills. The contractor is required to have a spill plan. When storage facilities for oil or oil products are on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream, wetland, or any other body of water. If a spill of petroleum product should occur in water, immediately notify the Contracting Officer and appropriate state agencies.

Service all equipment only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Meet all applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

Contractor shall ensure that all personnel involved in handling and packaging the hazardous materials are trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Provide handling and personal protective equipment appropriate to ensure safe handling of the hazardous material according to 29 CFR 1910.120). Notify the Forest Service in writing of all hazardous material that may be brought onto the National Forest.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. The contractor must clean up spills or leaks in a manner that complies with Federal, state, and local laws and regulations and to the satisfaction of the CO. When necessary provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment prior to entry on to national forest land. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only clean construction equipment inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in. "Construction equipment" does not include pickup trucks and personal vehicles.

FIRE CONTROL

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area. An equitable adjustment in contract time may be made for this period.

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

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

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

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with a 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 when 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 be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

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

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

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

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

(12) Pump and Trailer. NOT USED

(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) Submit 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 discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

KEY PERSONNEL

The key personnel specified in the Offeror's Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

PREWORK CONFERENCE

Prior to commencement of work, the COR 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

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

52.204-7 Central Contractor Registration (FEB 2012) 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 HUBZone Set-Aside or Sole Source (NOV 2011) 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 (JUNE 2010)

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 (OCT 2010)

52.222-50 Combating Trafficking in Persons (FEB 2009)

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JULY 1995) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008) 52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008)

52.227-4 Patent Indemnity--Construction Contracts (APR 1984) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (JAN 2012)

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)

52.232.19 Availability of Funds for the Next Fiscal Year (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)

52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984)

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

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (DEC 2010)

52.245-1 Government Property (JUNE 2007) 52.245-9 Use and Charges (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) Hydraulic Excavator per Hour. Contractor shall give a price per hour for Subitem Hydraulic Excavator with Thumb for unforseen work that is encountered during the contract performance and not included in the other Subitems. Hourly work must be authorized in advance by the Government and there is no guarentee any hourly work will be ordered.

FAR 52.219-28 Post-Award Small Business Program Re-representation (APR 2009)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall re-represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall re-represent its size status in accordance with the size standard in effect at the time of this re-representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the re-representation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following re-representation and submit it to the contracting office, along with the contract number and the date on which the re-representation was completed:

The Contractor represents that it FORMCHECKBOX is, FORMCHECKBOX is not a small business concern under NAICS Code ______________ assigned to contract number ______________.

[Contractor to sign and date and insert authorized signer’s name and title].

FAR 52.225-9 Buy American Act--Construction Materials (SEP 2010)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, ad defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

"Component" means any article, material, or supply incorporated directly into construction materials.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means--

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

____NONE_________________________________________________________________________

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Item 1:

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

FAR 52.228-13 Alternative Payment Protections (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

(1) Payment Bond

(2) Irrevocable Letter of Credit (ILC)

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 20 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

AGAR 452.228-70 Alternative Forms of Security (NOV 1996) If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

Order of Precedence--Construction Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the Specifications) (Sections A-H).

(b) The representations and other instructions (Sections K and L).

(c) Contract clauses (Section I).

(d) Special Project Specifications.

(e) Drawings and Exhibits (Section J).

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

The following attachments are a part of this solicitation and any resulting contract (see separate document(s)).

Wage Rate Decision No. ___ID100012___, dated ___03/02/12_, 10 pages.

1. STATE OF IDAHO CERTIFICATE OF VERIFICATION OF WORKERS' COMPENSATION INSURANCE, 4 pages

2. Experience Questionnaire, 2 pages

3. Exhibit A – Specifications, 21 pages (uploaded separately in FBO)

4. Exhibit B – Maps, 2 pages (uploaded separately in FBO)

5. Exhibit C – Design, 5 pages (uploaded separately in FBO)

General Decision Number: ID120012 03/02/2012 ID12

Superseded General Decision Number: ID20100012

State: Idaho

Construction Type: Heavy

Counties: Adams, Bear Lake, Benewah, Bingham, Blaine, Boise, Bonner, Bonneville, Boundary, Butte, Camas, Caribou, Cassia, Clark, Clearwater, Custer, Elmore, Franklin, Fremont, Gem, Gooding, Idaho, Jefferson, Jerome, Kootenai, Latah, Lemhi, Lewis, Lincoln, Madison, Minidoka, Nez Perce, Oneida, Owyhee, Payette, Power, Shoshone, Teton, Twin Falls, Valley and

Washington Counties in Idaho.

HEAVY CONSTRUCTION PROJECTS

Superseeds General Decision ID020030001

Modification Number Publication Date

0 01/06/2012

1 01/13/2012

2 02/03/2012

3 03/02/2012

CARP0001-010 06/01/2011

BENEWAH, BONNER, BOUNDARY, CLEARWATER, IDAHO (NORTH OF THE 46TH

PARALLEL), KOOTENAI, LATAH, LEWIS, NEZ PERCE AND SHOSHONE

COUNTIES

Rates Fringes

CARPENTER (Including Cement

Form Work).......................$ 26.06 11.84

ZONE PAY:

ZONE 1 0-40 MILES FREE

ZONE 2 41-65 MILES $2.25/PER HOUR

ZONE 3 66-100 MILES $3.25/PER HOUR

ZONE 4 OVER 100 MILES $4.75/PER HOUR

DISPATCH POINTS:

PASCO (515 N. Neel Street) or Main Post Office of established residence of employee (Whichever is closest to the worksite).

SPOKANE (127 E. AUGUSTA AVE.) or Main Post Office of established residence of employee.

WENATCHEE (27 N. CHELAN) or Main Post Office of established residence of employee (Whichever is closest to the worksite).

COEUR D' ALENE (1839 N. GOVERNMENT WAY) or Main Post Office of established residence of employee (Whichever is closest to the worksite).

MOSCOW (302 N. JACKSON) or Main Post Office of established residence of employee (Whichever is closest to the worksite).

CARP0808-004 01/01/2011

ADAMS, BEAR LAKE, BINGHAM, BOISE, BUTTE, BONNEVILLE, CAMAS,

CARIBOU, CASSIA, CLARK, CUSTER, ELMORE, FRANKLIN, FREMONT, GEM,

GOODING, IDAHO (SOUTH OF THE 46TH PARALLEL), JEFFERSON, JEROME,

LEMHI, LINCOLN, MADISON, MINIDOKA, ONEIDA, OWYHEE, PAYETTE,

POWER, TETON, TWIN FALLS, VALLEY AND WASHINGTON COUNTIES

ZONE 1

Rates Fringes

CARPENTER (Including Cement

Form Work).......................$ 26.57 10.24

ZONE PAY:

ZONE 1 0-30 MILES: FREE

ZONE 2 MORE THAN 30-60 MILES: $2.00/PER HOUR

ZONE 3 MORE THAN 60 MILES: $3.00/PER HOUR

If a project is located in more than one zone the lower zone rate shall apply

ZONES SHALL BE MEASURED FROM THE THE FOLLOWING U.S. POST

OFFICES:

BOISE: 304 N. 8TH STREET

TWIN FALLS: 253 2ND AVE. WEST

POCATELLO: CLARK STREET

IDAHO FALLS: 875 NORTH CAPITAL AVE.

ELEC0073-007 08/22/2011

IDAHO (SOUTH OF THE 46TH PARALLEL) COUNTY

Rates Fringes

CABLE SPLICER....................$ 31.48 14.84

ELECTRICIAN......................$ 28.62 14.84

ELEC0073-008 08/22/2011

BENEWAH, BONNER, BOUNDARY, CLEARWATER, IDAHO(NORTH OF THE 46TH

PARALLEL), KOOTENAI, LATAH, LEWIS, NEZ PERCE AND SHOSHONE

COUNTIES

Rates Fringes

Cable Splicer....................$ 31.48 14.84

ELECTRICIAN......................$ 28.62 14.84

ELEC0291-007 06/01/2010

ADAMS, BOISE, ELMORE, GEM, PAYETTE, VALLEY AND WASHINGTON

COUNTIES

Rates Fringes

CABLE SPLICER

Adams, Valley and

Washington Counties.........$ 35.79 3%+$10.00

Boise, Elmore, Gem and

Payette Counties............$ 32.50 3%+$10.00

ELECTRICIAN

Adams, Valley and

Washington Counties.........$ 32.54 3%+$10.00

Boise, Elmore, Gem and

Payette Counties............$ 29.81 3%+$10.62

ELEC0449-001 09/01/2011

BEAR LAKE, BINGHAM, BONNEVILLE, BUTTE, CARIBOU, CLARK, CUSTER,

FRANKLIN, FREMONT, JEFFERSON, LEMHI, MADISON, ONEIDA, POWER AND

TETON COUNTIES

Rates Fringes

ELECTRICIAN

Bannock, Bingham, Bonneville, Butte, Clark, Jefferson, Madison, and Power

Counties in Idaho...........$ 26.80 11.97

Fremont and Teton Counties..$ 24.58 9.60

* ELEC0449-006 03/01/2012

BLAINE, CAMAS, CASSIA, GOODING, JEROME, LINCOLN, MINIDOKA AND

TWIN FALLS COUNTIES

Rates Fringes

ELECTRICIAN......................$ 23.00 10.67

ENGI0370-013 01/01/2010

ADAMS, BEAR LAKE, BINGHAM, BLAINE, BOISE, BONNEVILLE, BUTTE,

CARIBOU, CASSIA, CLARK, CUSTER, ELMORE, FRANKLIN, FREMONT, GEM,

GOODING, IDAHO (SOUTH OF THE 46TH PARALLEL), JEFFERSON, JEROME,

LEMHI, LINCOLN, MADISON, MINIDOKA, ONEIDA, OWYHEE, PAYETTE,

POWER, TETON, TWIN FALLS, VALLEY AND WASHINGTON COUNTIES

ZONE 1

(Anyone working on HAZMAT jobs working with supplied air shall receive $1.00 per hour above classification)

Rates Fringes

Power equipment operator -bulldozer

Including all attachments...$ 25.59 9.60

Power equipment operator -crane

Over 50 tons................$ 25.96 9.60

Tower Crane Operator........$ 25.96 9.60

Up to and including 50 tons.$ 25.59 9.60

Power equipment operator -oiler............................$ 24.57 9.60

Power equipment operator -scraper

ALL SCRAPERS UP TO AND

INCLUDING 40 YARDS..........$ 25.59 9.60

All scrapers, pulling wagons, belly dumps and attachments, over 40 yards to and including 60 yards...$ 25.31 9.60

Elclid and similar, pulling wagons, belly dumps and attachments, over 60 yards to and including 80 yards..........$ 25.96 9.60

Euclid and similar, pulling wagons, belly dumps and attachments, over 80 yards to and including 100 yards.........$ 26.42 9.60

Euclids and similar, pulling wagons, belly dumps and attachments, over 100 yards..............$ 26.67 9.60

ZONE PAY:

ZONE 1 0-30 MILES: FREE

ZONE 2 MORE THAN 30-60 MILES: $2.00/PER HOUR

ZONE 3 MORE THAN 60 MILES: $3.00/PER HOUR

If a project is located in more than one zone the lower zone rate shall apply

ZONES SHALL BE MEASURED FROM THE THE FOLLOWING U.S. POST

OFFICES:

BOISE: 304 N. 8TH STREET

TWIN FALLS: 253 2ND AVE. WEST

POCATELLO: CLARK STREET

IDAHO FALLS: 875 NORTH CAPITAL AVE.

BOOM PAY: All Cranes and Concrete Pump Boom Trucks

100 ft to 150 ft $.15 over scale

150 ft to 200 ft $.30 over scale

Over 200 ft $.45 over scale

NOTE: When the crane operator receives additional pay for long boom, the Oiler Shall also receive such additional pay. In computing the length of the boom on Tower Cranes, they shall be measured from the base of the tower to the point of the boom.

ENGI0370-014 06/01/2010

BENEWAH, BONNER, BOUNDARY, CLEARWATER, IDAHO (NORTH OF THE 46TH

PARALLEL), KOOTENAI, LATAH, LEWIS, NEZ PERCE AND SHOSHONE

COUNTIES

ZONE 1: (Anyone working on HAZMAT jobs working with supplied air shall receive $1.00 per hour above classification)

Rates Fringes

Power equipment operator -bulldozer

(D-6 & equilvalent and over).......................$ 25.79 11.55

(To D-6 or equivalent)......$ 25.19 11.55

Power equipment operator -crane

25 TONS AND UNDER (ALL

ATTACHMENTS INCLUDING

CLAMSHELL, DRAGLINE)........$ 25.51 11.55

85 TONS AND OVER, AND ALL

CLIMBING, OVERHEAD, RAIL

AND TOWER...................$ 27.16 11.55

OVER 25 TONS UP TO AND

INCLUDING 45 TONS (ALL

ATTACHMENTS INCLUDING

CLAMSHELL, DRAGLINE)........$ 25.79 11.55

OVER 45 TONS TO BUT NOT

INCLUDING 85 TONS (ALL

ATTACHMENTS INCLUDING

CLAMSHELL, DRAGLINE)........$ 26.06 11.55

Power equipment operator -oiler............................$ 25.35 11.55

Power equipment operator -scraper

(All, Rubber-Tired).........$ 25.79 11.55

(Multiple engine with three or scrapers)..........$ 26.06 11.55

Zone Differential (Add to Zone 1 rate): Zone 2- $2.00

BASE POINTS: Spokane, Pasco, Washington; Lewiston, Idaho

Zone 1: Within 45 radius miles from the main post office

Zone 2: Outside 45 radius miles from the main post office

BOOM PAY: (All Cranes, including Tower)

180' to 250' $.50 over scale

Over 250' $.80 over scale

NOTE: In computing the length of the boom on Tower Cranes, they shall be measured from the base of the Tower to the point of the boom.

IRON0014-009 07/01/2010

ADAMS (REMAINDER OF COUNTY), IDAHO (SOUTH OF THE 46TH

PARALLEL), LEMHI (NORTHWEST CORNER), VALLEY (NORTHEASTERN 1/3)

AND WASHINGTIN (NORTHWESTERN 1/2) COUNTIES

Rates Fringes

Ironworkers: Rebar, Structural, Fence Erector........$ 31.09 19.60

IRON0014-010 07/01/2010

BENEWAH, BONNER, BOUNDARY, CLEARWATER, IDAHO(NORTH OF THE 46TH

PARALLEL), KOOTENAI, LATAH, LEWIS, NEZ PERCE AND SHOSHONE

Rates Fringes

Ironworkers: Rebar, Structural, Fence Erector........$ 31.09 19.60

IRON0732-005 06/01/2011

ADAMS (EAST CORNER), BEAR LAKE, BINGHAM, BLAINE, BOISE, BUTTE,

BONNEVILLE, CAMAS, CARIBOU, CASSIA, CLARK, CLUSTER, ELMORE,

FRANKLIN, FREMONT, GEM, GOODING, JEFFERSON, JEROME, LINCOLM,

LEMHI (REMAINDER OF COUNTY), MADISON, MINIDOKA, ONEIDA, OWYHEE,

PAYETTE, POWER, TETON, TWIN FALLS, VALLEY (SOUTHEAST 2/3), AND

WASHINGTON (SOUTHEAST 1/2)…