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CONSTRUCTION RFP thru FAC 2005-78B – 12/26/2014AG-02RC-S-15-0062
Black George Creek Culvert Replacements

Salmon river Ranger District; Nez Perce-Clearwater NFs

CONSTRUCTION RFP thru FAC 2005-78B – 12/26/2014AG-02RC-S-15-0062
Black George Creek Culvert Replacements

Salmon River Ranger District; Nez Perce-Clearwater NFs

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Issuing Office:

U.S. Department of Agriculture Forest Service Idaho Montana Acquisition Team Nez Perce-Clearwater NFs Grangeville Office 104 Airport Road Grangeville, ID 83530

Offers Are Solicited For:

Black George Creek Culvert Replacements

Salmon River Ranger District; Nez Perce- Clearwater National Forest

Solicitation No. RFP AG-02RC-S-15-0062
HELP PREVENT FOREST FIRES

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 FOR OFFERS EXCEEDING $150,000. (See Section I, FAR Clause 52.228-1.) Performance and Payment Bonds will be required if the total awarded contract value exceeds $150,000. (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)

CONSTRUCTION RFP thru FAC 2005-78B – 12/26/2014AG-02RC-S-15-0062
Black George Creek Culvert Replacements

Salmon River Ranger District; Nez Perce-Clearwater NFs

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- 1 - Schedule of Items
B- 2 – Price Proposal Instructions
B- 3 – Offer Submittal
B- 4 – Payment for Bond Premiums
B- 5 – Additional Classification Required – Davis-Bacon General Wage Decision
B- 6 – Idaho Use Tax

SECTION C - DESCRIPTION/SPECIFICATIONS 5 - 9

C- 1 – Project Description and Location
C- 2 – Government Furnished Material
C- 3 - Standard Specifications
C- 4 – Forest Service Supplemental Specifications
C- 5 - Drawings
C- 6 - Biobased Product Utilization

SECTION E - INSPECTION AND ACCEPTANCE 10 - 11

E- 1 – Inspection of Construction

SECTION F - DELIVERIES OR PERFORMANCE 12

F- 1 - Clauses Incorporated by Reference
F- 2 - Commencement, Prosecution, and Completion of Work Alt I
F- 3 - Period of Performance

SECTION G – CONTRACT ADMINISTRATION DATA 13

G- 1 – Government-Furnished Property
G- 2 – Contracting Officer’s Representative
G- 3 – Submittal/Notification Timelines

SECTION H - SPECIAL CONTRACT REQUIREMENTS 14 - 22

H- 1 - Clauses Incorporated by Reference
H- 2 – Key Personnel
H- 3 - Physical Data
H- 4 – Barricades, Warning Signs, and Other Devices
H- 5 – Conditions on use of Premises
H- 6 – Other Factors Affecting the Work
H- 7 – Landscape Preservation
H- 8 – Fire Control
H- 9 - Loss, Damage, or Destruction
H- 11 - Incidental Payment Items
H- 12 - Conformity with Drawings and Specifications
H- 13 - Local Material Sources
H- 14 - Samples, Tests, Cited Specifications

H- 15 - Invoice Processing Platform (IPP) H- 16 – Idaho Worker’s Compensation Law

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 23 - 40

I- 1 - Clauses Incorporated by Reference
I- 2 - Reporting Executive Compensation and First-Tier Subcontract Awards
I- 3 - System for Award Management Maintenance

I- 4 - Commercial and Government Entity Code Maintenance I- 5 - Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants Alternate I I- 6 - Post Award Small Business Program Rerepresentation I- 7 – Minimum Wages Under Executive Order 13658 I- 8 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts

I- 9 - Buy American - Construction Materials
I-10 - Bid Guarantee
I-11 Alternative Payment Protections
I-12 - Performance and Payment Bonds - Construction
I-13 - Alternative Forms of Security
I-14 – Federal, State, and Local Taxes
I-15 - Reimbursement For Bond Premiums - Fixed Price Construction Contracts
I-16 - Providing Accelerated Payment to Small Business Subcontractors
I-17 - Alterations In Contract
I-18 - Order of Precedence - Construction

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 41 - 52

J- 1 - Wage Determination
J- 2 - Specifications
J- 3 - Drawings
J- 4 - State of Idaho Certificate of Verification of Workers’ Compensation Insurance

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER53 - 58
STATEMENTS OF OFFERORS AND RESPONDENTS

K- 1 - Annual Representations and Certifications K- 2 - Commercial and Government Entity Code Reporting K- 3 - Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Alternate I

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS59 - 65
AND RESPONDENTS
L- 1 - Solicitation Provisions Incorporated by Reference
L- 2 - System for Award Management
L- 3 - Inquiries
L- 4 - Instructions for the Preparation of Technical and Business Proposals
L- 5 - Amendments to Proposals
L- 6 - Type of Contract
L- 7 – Construction Wage Rate Requirements – Secondary Site of Work
L- 8 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity

for Construction

L- 9 - Notice of Buy American Requirements - Construction Materials
L-10 - Service of Protest
L-11 - Site Visit (Construction)
L-12 - Preparation of Proposals – Construction

SECTION M - EVALUATION FACTORS FOR AWARD 66 - 68

M- 1 - Evaluation Factors
M- 2 - Award Statement
CONSTRUCTION RFP thru FAC 2005-78B – 12/16/2014AG-02RC-S-15-0062
Black George Creek Culvert Replacements

Salmon River Ranger District; Nez Perce-Clearwater NFs

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-02RC-S-15-0062

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

4/30/2015

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

742804

6. PROJECT NO.

7. ISSUED BYCODE
8. ADDRESS OFFER TO

USDA, Forest Service Idaho Montana Acquisition Team Nez Perce-Clearwater NFs; Grangeville Office 104 Airport Road Grangeville, ID 83530

USDA, Forest Service Idaho Montana Acquisition Team Nez Perce-Clearwater NFs; Grangeville Office 104 Airport Road Grangeville, ID 83530

9. FOR INFORMATION
CALL:
a. NAME

KAREN RUKLIC: kruklic@fs.fed.us

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):

BLACK GEORGE CREEK CULVERT REPLACEMENTS

Salmon River Ranger District Nez Perce-Clearwater National Forests Idaho County, Idaho

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

**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 JUNE 1, 2015 AT 4:00 PM LOCAL TIME.

IMPORTANT: This acquisition has been set-aside for HUBZone Concerns (see FAR 52.219-3, Notice of Total HUBZone Set-Aside or Sole Source Award in Section I). Offerors must be certified HUBZone Concerns with the U.S. Small Business Administration. For information regarding the on-line application process, go to the following website at https://www.sba.gov. This process can take 90 days or more to complete.

11. The Contractor time shall begin upon receipt of contract |_| notice to proceed and shall be completed no later than October 15, 2015. This performance period is |_| mandatory, |_| negotiable. (See Section F, Clause 52.211-10, Alt I)

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

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

|_| YES|_| NO
12b. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a.Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 4:00 pm local time June 1, 2015 . If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.
b.An offer guarantee|_| is,|_| is not required. (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 7540-01-155-32121442-101STANDARD FORM 1442 (REV. 4-85)
Computer GeneratedPrescribed 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.)

PLEASE COMPLETE THIS BLOCK.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.
DATE

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

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
|_| 10 U.S.C. 2304(c)( )|_| 41 U.S.C. 253(c)( )
26. ADMINISTERED BYCODE
27. PAYMENT WILL BE MADE BY

USDA – Forest Service Idaho Montana Acquisition Team Nez Perce-Clearwater NF, Grangeville Office 104 Airport Road Grangeville, ID 83530

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

|_|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.
|_|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

KAREN RUKLIC

BY

31c. DATE

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

PART I - THE SCHEDULE

SECTION B – SERVICES AND PRICES

Black George Creek AOP Culvert Replacement

NEZ PERCE-CLEARWATER NATIONAL FORESTS

IDAHO COUNTY, IDAHO

B-1 SCHEDULE OF ITEMS

Pay Item Number
Description
Method

of Meas.

Pay Unit
Est.

Qty.

Unit Price
Total

Amount

1
15101-Mobilization
LSQ
LS
1
2
15221-Construction Survey & Staking
LSQ
LS
1
3
15713-Soil Erosion & Pollution Control
LSQ
LS
1
4
15730-Dewatering
LSQ
LS
1
5
20301A -Removal of Existing 22” dia. Corrugated steel pipe
AQ
Ea.
1
6
20301B -Removal of Existing 36” dia. Corrugated steel pipe
AQ
Ea.
1
7
Unclassified borrow (Contractor furnished)
CQ
CY
200
8
20404-Structure Excavation
LSQ
LS
1
9
20812-Imported backfill for culverts (Contractor Furnished)
CQ
CY
330
10
25101-Placed Riprap, Class 4 machine placed (Contractor furnished)
CQ
CY
120
11
25150-Grade Control, Rock Weir, (Contractor furnished)
AQ
Ea.
10
12
27201-Geocell abutment stabilization
CQ
SY
63.6
13
30115-Crushed Aggregate, grading F, Surfacing, Compaction Method E, ( Contractor Furnished )
CQ
Ton
120
14
553A02-Precast Concrete Member, culvert footing
AQ
LF
100
15
60304-12’ span, 5’ rise structural plate arch, 0.111” thickness
AQ
LF
98
16
61908-Cattle Guard Modification
AQ
Each
1
17
62201-Equipment rental, Hydraulic Excavator with Thumb
AQ
HR
8
18
62202-Equipment rental, Large Dump Truck
AQ
HR
8
19
62503-Seeding, Dry Method
LSQ
LS
1

Total (All Items)

* Designated Method of Measurement: CQ=Contract Quantity; AQ= Actual Quantity LSQ=Lump Sum Quantity; SY=Square Yard B-2 PRICE PROPOSAL INSTRUCTIONS: 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 a price per hour under Items 62201 Hydraulic Excavator with Thumb and 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-3 OFFER SUBMITTAL: As your offer, submit a completed and signed Standard Form 1442, a completed Schedule of Items (Section B-1), a Technical Proposal, an original bid bond, a completed Section K and a completed Verification of Worker’s Compensation Insurance Form (provided in Section J). 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- 4 PAYMENT FOR BOND PREMIUMS Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

B-5 ADDITIONAL CLASSIFICATION REQUIRED – DAVIS-BACON GENERAL WAGE DECISION ID150051, 1/23/2015: A wage rate for an Excavator Operator shall be conformed after award in accordance with FAR 52.222-6 Construction Wage Rate Requirements (MAY 2014) 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 9/19/14).

SECTION C - DESCRIPTION/SPECIFICATIONS

C-1 - PROJECT DESCRIPTION AND LOCATION

a. Scope of Contract. This project is in collaboration with the Nez Perce Tribe Watershed program. The goal of this partnership is to use restoration techniques to improve the waterway. This contract requires installation of an Aquatic Organism Passage to improve this water way. Erosion control measures will be used to protect the watershed. All work shall be in compliance with this solicitation’s specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals.

b. Description of Work. This project is for the removal of two existing corrugated steel culverts on Black George Creek and replacing them with a 12’ span by 5’ rise by 48’ long and one 12’ span by 5’ rise by 50’ long structural plate arch culverts on precast concrete footings. 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. Project Location. This project is located in the Nez Perce-Clearwater National Forests on National Forest System Road No. 309 at Mile Post 16.9 in the Salmon River Ranger District in Section 5, T. 27 N., R. 4 E., Idaho County, Idaho.

d. Price Range. Government cost estimate is between $100,000 and $250,000.

e. Pre-Bid Tour. No organized site visit is planned for this project.

f. Start Work. Construction work on the project shall commence no earlier than July 1, 2015, and proceed in accordance with the contractor’s approved work schedule and run continuously till the end of the project no later than September 15, 2015.

g. Construction Timing. All in-stream work must take place between July 15th and August 30th. Contractor shall give 2 days notice before dewatering the channel. Dewatering shall be done slowly to encourage movement of fish out of the construction area and support successful salvage of fish and other aquatic organisms. The contractor can expect up to a 4 hour delays as the FS salvages fish and other aquatic organism. Re-watering of the channel will be done slowly to minimize sediment movement and meet state turbidity standards for water quality as monitored by the C.O.

h. Period of Performance. See Part I, Section F, Clause 52.211-10 Alt I.

C-2 - GOVERNMENT FURNISHED MATERIAL

· Waste site for excess and unsuitable material.

See Section G-1 and FAR 52.245-1 in Section I-1 for additional information. \

C-3 - STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS FP-03 U.S. Customary Units (U.S. DEPARTMENT OF TRANSPORTATION, Federal Highway Administration) (2003)

Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03, U.S. Customary Units are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract. Copies of these Specifications are available on the internet at www.wfl.fha.dot.gov/design/specs/fp03.htm

C-4 - FOREST SERVICE SUPPLEMENTAL SPECIFICATIONS

Forest Service supplementary specifications incorporated into this solicitation and any resultant contract are included as a separate attachment to this solicitation (see Section J). The supplementary specifications applicable to this project are listed below.

NOTE THAT THE SUPPLEMENTAL 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

Black George Creek AOP Culvert Replacement

NEZ PERCE-CLEARWATER NATIONAL FORESTS

SPEC. No.
SPECIFICATION TITLE
FSSS101
Terms, Format, and Definitions
FSSS102
Bid, Award, and Execution of Contract
FSSS103
Scope of Work
FSSS104
Control of Work
FSSS105
Control of Materials
FSSS106
Acceptance of Work
FSSS107
Legal Relations and Responsibility to the Public
FSSS108
Prosecution and Progress
FSSS109
Measurement & Payment
FSSS151
Mobilization
FSSS152
Construction Survey and Staking
FSSS153
Contractor Quality Control
FSSS155
Schedules for Construction Contracts
FSSS156
Public Traffic
FSSS157
Soil Erosion Control
FSSS 201
Clearing and Grubbing
FSSS 203
Removal of Structures and Obstructions
FSSS 208
Structural Excavation and Backfill for Selected Major Structures
FSSS 251
Riprap
FSSS 272
Geocell Abutment Stabilization
FSSS 301
Untreated Aggregate Courses
FSSS 553A
Precast Concrete Structures
FSSS 603
Structural Plate Structures
FSSS 622
Rental Equipment
FSSS 625
Turf Establishment
FSSS 626
Plants, Trees, Shrubs, Vines, and Groundcovers
FSSS 703
Aggregate
FSSS 725
Miscellaneous Material
FSSS 736
Geocell

C-5 – DRAWINGS (Entitled: “Black George Creek AOP Culvert Replacement”)

The following drawings are a part of this solicitation and any resulting contract and are found in a separate attachment in Section J.

TITLE OR NUMBER
SHEETS
Title Sheet
1
Estimated of Quantities & General Notes
2
Site Photos
3
Road Typical Section & Point Tables
4
Road Plan & Profile
5
Culvert General Layouts
6-7
Culvert Details
8-10
Rock Weir Details
11
Stream Dewatering Details
12
Roadway Cross Sections
XS1-XS2

C- 6 - BIOBASED PRODUCT UTILIZATION

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic FluidsPenetrating LubricantsDegreasers
AbsorbentsDiesel Fuel AdditivesGreases
Dust Suppressants2-Cycle Engine OilSorbents
Adhesive and Mastic RemoversCleanersConcrete/Asphalt Release Fluids
Composite PanelsSealersWood and Concrete Sealers
Graffiti and Grease RemoversStain RemoversMetalworking Fluids

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Sections L and M).

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

· The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

· Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

· Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

· The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

SECTION E - INSPECTION AND ACCEPTANCE

E-1 - INSPECTION OF CONSTRUCTION (FAR 52.246-12) (JUL 1986)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

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

52.242-14 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 September 15, 2015. 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 1, 2015. 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.

All stream work must occur between July 15, 2015 and August 30, 2015.

F- 3 AGAR 452.211.74 Period of Performance (FEB 1988)

The period of performance of this contract is from July 1, 2015 through September 15, 2015.

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.

Waste Site – Government Furnished – A waste site for excess and unsuitable material will be located at Adams Pit 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 FSSS 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

Required Submittal/Notification
Deadline for Receipt by the Government
Applicable Specification
Hazardous Spill Plan
Prior to work
107 –Legal Relations and Responsibility to the Public
Equipment Mobilization Notification
24 hours prior to moving equipment onto Nez Perce N.F
H-4, 151 - Mobilization
Preliminary Construction Schedule
7-days prior to preconstruction conference.
151- Mobilization
Traffic Control Plan
14-days prior to preconstruction conference.
156 – Public Traffic
Road Closure Notice
3-weeks prior to construction
156 – Public Traffic
Erosion Control Plan
7-days prior to preconstruction conference.
157 – Soil Erosion Control
Excavator Size Approval
Prior to use
622- Rental Equipment
Straw Bales Certification
Prior to use
H-4
Backfill Proctor and Density Testing
Prior to and during backfill.
FP-03 208.11, FSSS 208

*See FSSS 153 for the entire submittal log.

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 KEY PERSONNEL

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

H-3 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 & 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 limitations from November thru June. Wet weather commonly limits construction operations in October and June.

H-4 BARRICADES, WARNING SIGNS, AND OTHER DEVICES

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

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

H-5 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 District Ranger.

(b) No improvements of a permanent nature shall be constructed without prior written approval of the C.O.R.

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 will be reported immediately to the CO or COR. Spills over 25 gallons will be reported to CO and 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.

(k) 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-6 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.

CHANNEL DEWATERING AND FLOW REINTRODUCTION.

Contractor shall give notice 2 days before dewatering the channel. Dewatering shall be done slowly to encourage movement of fish out of the construction area and support successful salvage of fish and other aquatic organisms. The contractor can expect up to a 4 hour delays as the FS salvages fish and other aquatic organism. Re-watering of the channel will be done slowly to minimize sediment movement and meet state turbidity standards for water quality as monitored by the C.O.

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.

NOXIOUS WEED CONTROL. (2/96) 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 Forest Service at an agreed upon location. The Contractor shall give the Forest Service at least 24 hours advance notification when equipment is ready for inspection.

Straw/Hay Bales shall be certified as “Weed Free”. The source field shall be inspected and certified by the county extension agent from the county that the straw/hay is grown. Each shipment onto the forest shall be accompanied by a certification tag stating that it is weed free. The contractor shall furnish the forest service with a statement of certification.

H-7 LANDSCAPE PRESERVATION

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material, which falls outside of these limits, shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

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

H-8 FIRE CONTROL (FS 236-1)

(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.

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