SodaCkCulvertSol.doc

CONSTRUCTION RFP thru FAC 2005-72C – 1/30/2014

AG-02RC-S-14-0066

Soda Creek Culvert Replacement CONSTRUCTION RFP thru FAC 2005-72C – 1/30/2014

AG-02RC-S-14-0066

Soda Creek Culvert Replacement

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Issuing Office:

U.S. Department of Agriculture Forest Service – R1 IMAT Nez Perce-Clearwater NF 104 Airport Road Grangeville, ID 83530

Offers Are Solicited For:

Soda Creek Culvert Replacement

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. Note: An offer guarantee (Bid Bond) IS REQUIRED if bid is over $150,000.00. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.) No performance bond shall be required if the total awarded contract value is less than or equal to $150,000. (See Section I, FAR Clause 52.228-13.)

FS-6300-45 (11/79)

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

1 - 2

SECTION B - SUPPLIES OR SERVICES AND PRICES

3 - 4 B-2 Clause 52.236-7, Permits and Responsibilities B-3

PRICE PROPOSAL INSTRUCTIONS:

B-4 Payment for Bond Premiums:

B-5

OFFER SUBMITTAL

B-6 ADDITIONAL CLASSIFICATION REQUIRED

SECTION C - DESCRIPTION/SPECIFICATIONS

6-7 C- 1 Scope of Contract

C- 2 Project Location C- 3 Price Range C- 4 Government-Furnished Property C- 5 Standard Specifications C- 6 Special Project Specifications C- 7 Drawings

SECTION E - INSPECTION AND ACCEPTANCE

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

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) F- 2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (APR 1984) F-3 AGAR 452.211.74 Period of Performance (FEB 1988)

SECION G – CONTRACT ADMINISTRATION DATA

G-1- GOVERNMENT-FURNISHED PROPERTY

G-2 - CONTRACTING OFFICER'S REPRESENTATIVE

G-3 - SUBMITTAL/NOTIFICATION TIMELINES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

11-17 H- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) H-2 CONDITIONS ON USE OF PREMISES (Camping)

H- 3 AGAR 452.237-74 Key Personnel (FEB 1988) H- 4 FAR 52.236-4 Physical Data (APR 1984) H-5

OTHER FACTORS AFFECTING THE WORK

H- 6 AGAR 452.236-77 Emergency Response (NOV 1996) H- 7 Loss, Damage, or Destruction H- 8 Incidental Payment Items

H- 9 Conformity With Drawings and Specifications *( H- 10 Local Material Sources H- 11 Samples, Tests, Cited Specifications H-12 Barricades, Warning Signs, and Other Devices H-13 Weed-Free Equipment H-14 Landscape Preservation

H-15 Invoice Processing Platform (IPP) H-16 Prework Conference H-17 State of Idaho’s Notice to Offeror

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

18-30 I- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) I- 2 FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) I- 3 FAR 52.204-13 System for Award Management Maintenance (JUL 2013) I- 4 AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (FEB 2012) Alternate I (FEB 2012) I-5 FAR 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013) I-6 FAR 52.225-9 Buy American Act--Construction Materials (SEP 2010) I-7 FAR 52.228-1 Bid Guarantee (SEPT 1996) I-8 FAR 52.228-13 Alternative Payment Protections (JULY 2000) I-9 FAR 52.228-15 Performance and Payment Bonds--Construction (OCT 2010) I-10 AGAR 452.228-70 Alternative Forms of Security (NOV 1996) I-11 FAR 52.229-3 Federal, State, and Local Taxes (FEB 2013) I-12 AGAR 452.232-70 Reimbursement for Bond Premiums--Fixed-Price Construction Contracts (NOV 1996) I-14 FAR 52.236-7 Permits and Responsibilities (NOV 1991) I-15 FAR 52.252-6 Authorized Deviations in Clauses (APR 1984) I-16 Order of Precedence - Construction

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

31-39

J- 1 - Wage Determination

J- 2 - Specifications

J- 3 - Drawings

J- 4 – State of Idaho’s Worker’s Compensation Form

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

40-43

STATEMENTS OF OFFERORS AND RESPONDENTS

K- 1 FAR 52.204-8 Annual Representations and Certifications (JAN 2014) K- 2

AGAR 452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction (Deviation 2012-01) (FEB 2012) Alternate I (FEB 2012)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

44-50

AND RESPONDENTS

L- 1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

L- 2 FAR 52.204-7 System for Award Management (JUL 2013) L- 3 agar 452.204-70 inquiries (FEB 1988) L- 4 FAR 52.215-5 Facsimile Proposals (OCT 1997) L- 5 AGAR 452.215-71 Instructions for the Preparation of Technical and Business Proposals (SEP 1999) L- 6 AGAR 452.215-72 Amendments To Proposals (FEB 1988) L- 7 FAR 52.216-1 Type of Contract (APR 1984) L- 8 FAR 52.222-5 Davis-Bacon Act—Secondary Site of the Work (JULY 2005) L- 9 FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) L-10 FAR 52.225-10 Notice of Buy American Act Requirement--Construction Materials (FEB 2009)

L-11 FAR 52.233-2 Service of Protest (SEPT 2006) L-12 FAR 52.236-27 Site Visit (Construction) (FEB 1995) L-13 FAR 52.236-28 Preparation of Proposals--Construction (OCT 1997) L-14 FAR 52.252-3 Alterations in Solicitation (Apr 1984)

SECTION M - EVALUATION FACTORS FOR AWARD

51-52 M- 1 Evaluation Criteria M- 2 Award Statement

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-02RC-S-14-0066

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

05/01/2014

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY

CODE

USDA, Forest Service

R1-IMAT, Nez Perce-Clearwater NF 104 Airport Road Grangeville, ID 83530 USDA, Forest Service

R1-IMAT, Nez Perce-Clearwater NF 104 Airport Road

9. FOR INFORMATION

CALL:

a. NAME

Karen Ruklic

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

(208) 983-5144

SOLICITATION

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

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

Soda Creek Culvert Replacement Red River Ranger District

Nez Perce-ClearwaterNational Forest

Idaho County, Idaho **FAXED OFFERS ARE NOT ACCEPTABLE. ORIGINAL BID BONDS ARE REQUIRED FOR OFFERS THAT EXCEED $150,000. OFFERS MUST BE MAILED OR HAND-CARRIED AND RECEIVED BY May 1, 2014 AT 4:00 PM LOCAL TIME.

Price Range: The Government’s estimate is:for this project is between $100,000 and $250,000.

11. The Contractor shall begin performance within 10 calendar days and complete it within 45 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See Section F, Clause 52.211-10)

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

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

FORMCHECKBOX

YES

FORMCHECKBOX

NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a.

Sealed offers in original and * copies to perform the work required are due at the place specified in Item 8 by 4:00 pm local time June 1, 2014 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

b.

An offer guarantee

FORMCHECKBOX

is, FORMCHECKBOX is not required. (See FAR 52.228-1 - Bid Guarantee, Section I) (Bid bond required if total offer value exceeds $150,000.)

c.

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

d.

Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

Duns No. ______________________________________

TIN: ___________________________________________

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

CODE

FACILITY CODE

17.

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

FORMCHECKBOX

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

FORMCHECKBOX

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

26. ADMINISTERED BY

CODE

USDA – Forest Service

R1-IMAT, Nez Perce-Clearwater NF 104 Airport Road

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

FORMCHECKBOX

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

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Soda Creek Culvert Replacement Red River Ranger District

Nez Perce-ClearwaterNational Forest

Idaho County, Idaho B- 1 Schedule of Items

of

Meas.

1172 Est.

Qty.

FS Rd 1166 Est.

Qty.

Total (All Items) $________________________

* Designated Method of Measurement: AQ - Actual Quantities, LSQ - Lump Sum Quantities; CQ – Contract Quantities B-2 Under Clause 52.236-7, Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission at (208) 799-3491.

B-3 PRICE PROPOSAL INSTRUCTIONS: Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted. The above pay items are contract quantities unless noted. Unit prices and total item amounts must be submitted for all items. Do not round the extended item amounts and provide prices to the nearest cent.

In addition, the Contractor shall give prices per hour under Items 16 - 62201a Hydraulic Excavator with Thumb and Items 17 – 62202 Large Dump Truck for additional work above the estimated quantities that is encountered during the contract performance. The Government does not guarantee that any hourly work shall be ordered and reserves the right to reduce or eliminate entirely the work under these items with no adjustment in contract unit price B-4 Payment for Bond Premiums: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

B-5 OFFER SUBMITTAL: As your offer, submit a completed and signed Standard Form 1442, a completed Schedule of Items (Section B), a Technical Proposal, an original bid bond if applicable and a completed Section K. Technical and price proposals are required for evaluation of offers. See Section L for proposal instructions and Section M for evaluation/award information.

Electronic or facsimile proposals are NOT acceptable.

B-6 ADDITIONAL CLASSIFICATION REQUIRED – DAVIS-BACON GENERAL WAGE DECISION ID130054, 09/06/2013: A wage rate for an Excavator Operator shall be conformed after award in accordance with FAR 52.222-6 Davis-Bacon Act and direction provided in the subject Wage Decision. The most recent wage rate approved by the Department of Labor for this classification was $25.56 per hour rate with $12.85 fringe benefits (conformed 1/14/14).

Technical Proposal

Contractor:__________________________________

(1) Past Performance. List and briefly describe all previous contracts of similar scope and/or size completed within the last 3 years.

For each project include:

· Location of the project

· Description of work performed

· Size of the project (or dollar value)

· Foreman/operator(s)/key personnel

· Customer contacts (include telephone numbers).

· If problems were encountered, describe them and any corrective actions taken to prevent a recurrence.

(2) Production Schedule (work plan): Address who, what, where, when and how you plan to do the work, from beginning to end. Include both overall time frame and time frames for each phase of construction. Include erosion control measures and safety for employees and traffic. Briefly summarize any proposed changes to the plans or specifications that would prove beneficial from a cost or technical standpoint and provide at least equal performance and appearance.

Specifically address:

· Proposed starting and completion dates

· Type and size of equipment to be used

· Foreman and workers to be on site

· Method of dewatering

· Provide a list of suppliers for each major item to be required under this project

(3) Experience and Qualifications:

· Describe the experience of the prime contracting firm in performing similar work. Specifically highlight large culvert and stream channel projects. Describe any experience in testing backfill material if performed on past projects.

· Identify the supervisor, lead employees, and proposed subcontractors to be assigned to the project and for each, list their relevant licenses, certifications and experience performing the type of work to be done under this contract. Specifically highlight culvert and stream channel projects.

· If no culvert or stream channel projects have been performed, list similar projects where experience could be applied to this kind of job and briefly explain how the experience relates to the type of work to be done under this contract.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Contract

This project is for the removal and replacement of a corrugated steel pipe on an unnamed tributary to Soda Creek on National Forest System Road (NFSR) 1172 at mile post 2.6. The project also includes reconditioning and aggregate placement on 1.32 miles of NFSR 1166. The work includes but is not limited to clearing and grubbing, erosion control measures, structure excavation, roadway embankment, removing and disposing an existing culvert, compaction, riprap, roadway surfacing, furnishing and installing a corrugated steel culvert, and all other incidental items necessary to complete the project in accordance with the plans and specifications.

C- 2 Project Location This culvert is located in the Nez Perce-Clearwater National Forests on National Forest System Road No. 1172 at Mile Post 2.6 in the Red River Ranger District in Section 29, T. 28 N., R. 10 E., Idaho County, Idaho. NFSR Road 1166 is approximately 12 miles northeast of the Red River Ranger Station off NFSR 234.

C- 3 Price Range Government Cost Estimate, per FAR 36.204, is between $100,000 and $250,000 C- 4 Government-Furnished Property Borrow Source, Riprap Source, Crushed Aggregate Source, and Waste Site. Also see Section I, FAR 52.245-4) C- 5 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.

C- 6 Special Project Specifications

See Section J for the list of Special Project Specifications that are incorporated into this solicitation and any resultant contract.

NOTE THAT THE SPECIFICATION LIST INCLUDES THE MAJOR SPECIFICATIONS APPLICABLE TO THIS PROJECT. OTHER SPECIFICATIONS REFERRED TO WITHIN THESE SPECIFICATIONS (EVEN THOUGH NOT SPECIFICALLY LISTED HEREIN) ARE ALSO FULLY APPLICABLE TO THIS REQUEST FOR PROPOSALS AND ANY RESULTANT CONTRACT.

SUPPLEMENTAL SPECIFICATION LIST

Soda Creek Tributary AOP Culvert Replacement

NEZ PERCE-CLEARWATER NATIONAL FORESTS

C- 7 Drawings

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

The following drawings are a part of this solicitation and any resulting contract:

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 - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://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)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-18 Variation in Estimated Quantity (APR 1984)

52.242-14 Suspension of Work (APR 1984) F- 2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than August 30, 2014. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 5, 2014. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F-3 AGAR 452.211.74 Period of Performance (FEB 1988) The period of performance of this contract is from July 15, 2014 through August 30, 2014.

PART I - THE SCHEDULE

SECTION G - CONTRACT ADMINISTRATION DATA.

G-1- GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

Borrow Source – Government Furnished. The Government source for Unclassified Borrow for this project is located in Section 20, T26N, R8E, at the Burpee Mountain Pit, on NFSR 1188.

Riprap Source – Government Furnished. The Government source for Riprap for this project is located in Section 20, T26N, R8E, at the Burpee Mountain Pit, on NFSR 1188.

Crushed Aggregate Source- Government Furnished. The Government source for Crushed Aggregate for this project is located in Section 3, T26N, R8E, at the Dixie Summit Pit.

Waste Site – Government Furnished – A waste site for excess and unsuitable material will be located at the borrow site or at the site as designated by the CO. This site is to be used for the disposal of unsuitable or excess excavated material only. All other materials designated for removal and disposal must be disposed of away from Forest Land as per SPS Section 202.

G-2 - CONTRACTING OFFICER'S REPRESENTATIVE

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

G-3 - SUBMITTAL/NOTIFICATION TIMELINES

*See FSSS 153 for the entire submittal log.

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H-2 CONDITIONS ON USE OF PREMISES (Camping)

(a) Camping will be allowed only at the sites designated on the project maps or approved in advance by the Contracting Officer.

(b) No improvements of a permanent nature shall be constructed without prior written approval of the Contracting officer.

Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. Final payment will not be authorized until the campsite has been cleaned up and the site is approved by the Contracting Officer or his designated representative. Reusable native material may be neatly stacked for future use.

(c) Livestock will not be permitted without written approval from the Contracting Officer.

(d) Vegetation shall be undisturbed to the maximum extent possible. The Contractor will be permitted to cut only those trees designated by the COR.

(e) Storage of petroleum products in excess of 50 gallons at the campsite will require the approval of the COR. All petroleum spills shall be immediately cleaned up. All spills shall be reported immediatly to the CO or COR. Spills over 25 gallons or that cause a sheen on surface water shall be reported to the Idaho State Department of Enviromental Quality. No waste disposal of petroleum product will be permitted on National Forest land.

(f) Chemical toilets are preferred for all campsites, however, the Contractor may be permitted to construct a slit trench when conditions warrant. Any slit trench constructed shall not be located closer than 400 feet to any live stream and is subject to approval of the COR. The trench shall be covered and the area restored to as natural a condition as possible when the camp is closed.

(g) Refuse including waste materials, garbage, and rubbish of all kinds, shall be disposed of in the following manner, and shall guard the purity of streams and living waters:

Garbage, trash, sewage waste, and other litter shall be kept in closed fly-proof containers and periodically hauled to an approved disposal facility located outside of the National Forest.

(h) Waste water shall be disposed of in a leach pit located at least 300 feet from springs, streams, and lakes. The pit shall be a minimum of 2 x 2 x 2 feet and shall be filled with rock two to eight inches in diameter. The leach pit shall be covered with at least two feet of compacted soil when the camp is closed.

(i) No waste or by-products shall be discharged if it contains any substances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies.

Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would result in substantial harm to fish and wildlife or to human water supplies.

(j) The camp area shall be maintained to present a clean, neat, and orderly appearance. Disposal of trash and debris, unusable machinery, Forest Service authorized improvements, etc., shall be kept current. Building materials, firewood, etc., shall be neatly stacked.

The campsite shall be left in a clean condition. Any clean-up work not accomplished by the Contractor at time of camp closure will be done by the Forest Service, and the actual cost of such clean-up will be deducted from payment otherwise due the Contractor.

H- 3 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the key personnel identified in the accepted technical proposal.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

H- 4 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 the U.S. Department of Agriculture, Forest Service. Features shown on the plan and profile sheets were identified by visual observation during the preliminary location and survey and during a “plans in hand” review.

(b) Weather conditions – The project is subject to seasonal limitation from November thru June. Wet weather commoly limtis construction operations in October and June.

H-5 OTHER FACTORS AFFECTING THE WORK

PETROLEUM PRODUCTS

Storage of more than 200 gallons of petroleum products on the project must be done under the rules and regulations of the State of Idaho Forest Practices Act (IDAPA 20.02.01) and Pacfish Standard RA-4. A partial list of these requirements are listed below.

(a) Storage containers shall be sited within a constructed dike of sufficient size to contain 125% of the volume of the petroleum products stored in the tanks.

(b) The storage areas shall be located more than 300 feet from any existing stream courses.

Fueling of equipment shall be done in a manner to eliminate potential spills.

(a) Transfer trucks shall be limited to 200 gallons maximum.

(b) Fueling of equipment shall take place a minimum of 300 feet from any stream course. If this requirement cannot be met a written spill plan must be approved by the COR.

(c) All spills shall be reported immediately to the COR. Spills over 25 gallons or that cause a sheen on nearby surface water must be reported to the Idaho Division of Environmental Quality.

No more than 5 gallons of fuel within 100 feet of a stream are allowed at any one time and storage of more than 5 gallons of fuel requires spill containment measures.

All vehicles carrying fuel will have specific equipment and materials needed to contain or clean up any incidental spills at the project site. Equipment and materials will be specific to each project site, and can include spill kits appropriately sized for specific quantities of fuel, shovels, absorbent pads, straw bales, containment structures and liners, and/or booms.

FLOW REINTRODUCTION. Recontructed stream channel will be “prewashed”, into a reach equipped with sediment capture devices such as Sedimat, prior to reintrodution of flow to the stream.

H- 6 AGAR 452.236-77 Emergency Response (NOV 1996)

Fire Control

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

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

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

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

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

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

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

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(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 3/4-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, an additional 250 feet of 3/4-inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with the proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

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

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

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

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

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

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

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

H- 7 Loss, Damage, or Destruction

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

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

H- 8 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- 9 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- 10 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- 11 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-12 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. See FSSS 156 Public 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-13 Weed-Free Equipment 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 the work area. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only construction equipment so cleaned and 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.

Prior to the initial move-in, and all subsequent move-ins, the Contractor shall make all construction equipment available for inspection by the…