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CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017AG-02RC-S-17-0077
Crooked River Valley Rehabilitation – Option 2
Page 3 of 71
CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017AG-02RC-S-17-0077
Crooked River Valley Rehabilitation – Option 2
Page 16 of 67

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Issuing Office:

USDA – Forest Service Region 1, Acquisition Management Idaho Montana Acquisition Team Grangeville Office, 104 Airport Road Grangeville, ID 83530

Offers Are Solicited For:

CROOKED RIVER VALLEY REHABILITATION – OPTION 2

Red River Ranger District Nez Perce-Clearwater National Forests

Idaho County, Idaho

Solicitation No. RFP AG-02RC-S-17-0077
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. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)

FS-6300-45 (11/79)

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017AG-02RC-S-17-0077
Crooked River Valley Rehabilitation – Option 2

TABLE OF CONTENTS

PART I - THE SCHEDULE

Page(s)
SECTION A - SOLICITATION/CONTRACT FORM1 - 2

SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - 5

B- 1 - Schedule of Items
B- 2 – Price Proposal Instructions
B- 3 - Offer Submittal
B- 4 – Bond Premiums
B- 5 – Basis of Award
B- 6 – Additional Classification Required – Davis Bacon General Wage Decision ID170051
B- 7 – Idaho Use Tax
B- 8 – Notice to Offeror(s)/Suppliers

SECTION C - DESCRIPTION/SPECIFICATIONS 6- 10

C- 1 – Project Description and Location
C- 2 – Technical Specifications
C- 3 - Drawings
C- 4 - Biobased Product Utilization

SECTION E - INSPECTION AND ACCEPTANCE 11

E- 1 – Inspection of Construction
E- 2 – Contractor Quality Control Inspection System

SECTION F - DELIVERIES OR PERFORMANCE 12

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

SECTION G – CONTRACT ADMINISTRATION DATA 13 - 14

G- 1 – Post Award Conference
G- 2 – Contracting Officer’s Representative
G- 3 – Government-Furnished Property
G- 4 – Submittal/Notification Timelines

SECTION H - SPECIAL CONTRACT REQUIREMENTS 15 - 24

H- 1 – Key Personnel
H- 2- Conditions on Use of Premises
H- 3 – Physical Data
H- 4 - Noxious Weed Control
H- 5 - Barricades, Warning Signs, and Other Devices
H- 6 - Environmental Protection
H- 7 - Landscape Preservation
H- 8 - Fire Control
H- 9 - Loss, Damage, or Destruction
H- 10 - Incidental Payment Items
H- 11 - Conformity with Drawings and Specifications
H- 12 - Local Material Sources
H-13 - Samples, Tests, Cited Specifications

H-14 - Invoice Processing Platform (IPP) H-15 - Idaho Worker’s Compensation Law

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 25 - 40

I- 1 - Clauses Incorporated by Reference
I- 2 – Addendum to Variation in Estimated Quantity
I-3 - Paid Sick Leave Under Executive Order 13706
I-4 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts
I-5 - Buy American - Construction Materials
I-6 - Bid Guarantee
I-7 - Performance and Payment Bonds - Construction
I-8 - Alternative Forms of Security
I-9 - Federal, State, and Local Taxes
I-10 - Permits and Responsibilities
I-11 - Alterations In Contract
I-12 - 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 – Technical Specifications
J- 3 – Construction Drawings
J- 4 – Stormwater Pollution Prevention Plan Template
J- 5 - State of Idaho Certificate of Verification of Workers’ Compensation Insurance

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER53 - 57
STATEMENTS OF OFFERORS AND RESPONDENTS

K- 1 - Annual Representations and Certifications K- 2 - Incorporation by Reference of Representations and Certifications

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS57 - 64
AND RESPONDENTS
L- 1 - Solicitation Provisions Incorporated by Reference
L- 2 - System for Award Management
L- 3 - Inquiries

L- 4 - Facsimile Proposals and E-Mail Proposals

L- 5 - Instructions for the Preparation of Technical and Business Proposals
L- 6 - Amendments to Proposals
L- 7 - Type of Contract
L- 8 - Construction Wage Rate Requirements—Secondary Site of the Work
L-9 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity

for Construction

L-10 - Notice of Buy American Requirements - Construction Materials
L-11 - Service of Protest
L-12 - Site Visit (Construction)
L-13 - Preparation of Proposals – Construction
SECTION M - EVALUATION FACTORS FOR AWARD65 - 67
M- 1 - Evaluation Criteria
M- 2 - Award Statement
CONSTRUCTION RFP thru FAC 2005-94B and 95B –1/19/2017AG-02RC-S-17-0077
Crooked River Valley Rehabilitation – Option 2

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-02RC-S-17-0077

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

5/10/2017

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

841908

6. PROJECT NO.

7. ISSUED BYCODE
8. ADDRESS OFFER TO

USDA - Forest Service Region 1, Acquisition Management Idaho Montana Acquisition Team Grangeville Office, 104 Airport Road Grangeville, ID 83530

USDA - Forest Service Region 1, Acquisition Management Idaho Montana Acquisition Team Grangeville Office, 104 Airport Road Grangeville, ID 83530

9. FOR INFORMATION
CALL:
a. NAME

KAREN RUKLIC

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

(208) 983-5144 or email: kruklic@fs.fed.us

SOLICITATION

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

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

CROOKED RIVER VALLEY REHABILITATION – OPTION 2

Red River Ranger Station Nez Perce-Clearwater National Forests Idaho County, Idaho

Price Range: The Government’s estimate is between $250,000 and $500,000.

**FAXED OFFERS ARE NOT ACCEPTABLE. ORIGINAL BID BONDS ARE REQUIRED. OFFERS MUST BE MAILED OR HAND-CARRIED AND RECEIVED BY THURSDAY, JUNE 8, 2017 AT 4:00 PM LOCAL TIME.

11. The Contract time shall begin upon receipt of contract |_| notice to proceed and shall be completed no later than September 30, 2017. 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 Thursday, June 8, 2017. 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. (If “is required” see AGAR Clause 452.228-70)
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 45 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. _________________

CAGE Code (see FAR Provision 52.204-16) ____________

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

1. 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 NFs Grangeville Office - 104 Airport Road Grangeville, Idaho 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)

KAREN RUKLIC

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

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

SECTION B - SUPPLIES OR SERVICES AND PRICES

CROOKED RIVER VALLEY REHABILITATION -OPTION 2

NEZ PERCE NATIONAL FOREST

IDAHO COUNTY, IDAHO

B-1 SCHEDULE OF ITEMS

PAY ITEM
DESCRIPTION
METHOD OF MEAS.
PAY UNIT
EST. QTY
UNIT ** PRICE
TOTAL

AMOUNT

Mobilization and Demobilization

LSQ
LS
1
XXXX
$
Water Management and Environmental Controls
LSQ
LS
1
XXXX
$
3
Staking
LSQ
LS
1
XXXX
$

Tree and Brush Salvage

DQ
ACRE
10.3
$
$
Wetland Sod and Shrub Salvage and Transplant
DQ
ACRE
0.50

Large Wood Structure Type 1

AQ
EACH
7
$

Large Wood Structure Type 3

AQ
EACH
3

Earthwork- Excavate, Fill, and Grade Floodplain

DQ
CUBIC

YARDS

11,800
$
$

Earthwork- Haul Excess to South Staging Area

AQ
CUBIC YARDS
16,300

Earthwork- Vegetative Fill

AQ
CUBIC YARDS
3,000
11
Incorporate Wood Chips
AQ
CUBIC YARDS
1,000

Floodplain Roughness

DQ
ACRE
10.3
$
$
Rate for Excavator and Operator
AQ
Hours
8.0
$
$
Rate for Dump Truck and Operator
AQ
Hours
8.0
$
$

Rate for Bulldozer and Operator

AQ

Hours

8.0

TOTAL (All Items)
$

* DESIGNATED METHOD OF MEASUREMENT: DQ=DESIGN QUANTITY; AQ= ACTUAL QUANTITY; LSQ=LUMP SUM QUANTITY

B-2 PRICE PROPOSAL INSTRUCTIONS: Unit prices and total item amounts must be submitted for all items except those designated as Lump Sum. Do not round the extended item amounts and provide unit prices to the nearest dollar. In addition, the Contractor shall give a price per hour for Items: 13- Excavator and Operator, 14 - Dump Truck and Operator and 15 - Bulldozer and Operator 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 – 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.

B-5 - BASIS OF AWARD The Government shall make one contract award on the basis of the past performance; key personnel experience and qualifications; technical approach (production schedule); and price. Technical and price proposals are required for evaluation of offers. See Sections L and M for proposal instructions and evaluation/award information. Commitments made in proposals will become part of the requirements of the awarded contract.

B-6 ADDITIONAL CLASSIFICATION REQUIRED – DAVIS-BACON GENERAL WAGE DECISION ID170051, 3/31/2017: 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 $28.60 per hour rate with $11.85 fringe benefits (conformed 11/8/2016).

B-7 IDAHO USE TAX 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. See Section G-3 for a description of the GFP to be provided under this contract.

B-8 NOTICE TO OFFEROR(S)/SUPPLIER(S) Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation’s closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

Funding for this project has been received through an agreement with the Nez Perce Tribe. Obligation of the funds is currently not possible due to a computer system issue linked with the recently received FY17 budget appropriations; this issue is procedural vs. material in nature and should be rectified prior to offer receipt.

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 – PROJECT DESCRIPTION AND LOCATION

1. Objectives and Background.

The objective of the Crooked River Valley Rehabilitation Project is to address the impacts of historical dredge mining on aquatic habitat conditions. The Crooked River Valley Rehabilitation project was designed to be constructed in 4 - 6 Phases with optional items. The Phases include building a bypass channel, rebuilding floodplain and river channel, and adding large wood structures. Phase 1 Bypass work was completed in 2016. Two Optional Items, including this portion of the project, do not require activating the Bypass Channel and can be constructed independently prior to or during the Phased work. The project is being performed on the Red River Ranger District of the Nez Perce Clearwater National Forests in collaboration with the Nez Perce Tribe Watershed Program and funded by Bonneville Power Administration.

During the 2017 field season, it is expected that another contract, Crooked River Valley Rehabilitation: Phase 2 Bypass, will also be awarded. The performance period on this contract is September 1, 2017 to October 31, 2017. The USFS also anticipates awarding a Fuels Reduction project that involves thinning trees and brush along Road 233, and potential hauling of timber from the south end of the valley from June 1, 2017 through November 30, 2017. While there is no overlap in construction limits, both Phase 2 Bypass, Option 2 and other contracted timber projects will use the South Staging Area and Road 233. The Contractor shall keep apprised of this additional work.

1. Scope of Work.

This contract is for Option 2 of the Crooked River Valley Rehabilitation Project on the Nez Perce- Clearwater National Forest, Idaho County, Idaho. Option 2 requires 10.3 acres of floodplain re-grading and installing 10 large wood habitat structures. Contractor shall perform survey and construction staking incidental to these work items. Contractor shall furnish all labor, equipment, structures, supervision, transportation, operating supplies (except those designated at Government-furnished), and incidentals necessary to complete the project as required by the contract, plans, and specifications.

1. Description of Work.

The ten large wood structures shall be installed in live water during the fish window of July 15 through August 30. There is a permanent Idaho Department of Fish and Game Weir immediately downstream of the project area. The Large Woody Debris Structures shall be installed, as specified, to be stable at the Q25 and up to the Q100 so as to minimize adverse impacts to this structure. The contractor shall install the structures in a manner that keeps turbidity levels below 50 NTUs. Methods controlling turbidity may involve stopping work until turbidity levels are near background levels, pumping the excavations during installation, or using coffer dams and pumps adjacent to the large wood structures to reduce turbidity impacts. Turbidity requirements, as outlined in the Technical Specifications, shall be followed during installation of large wood structures. If construction activities produce turbidity levels approaching 50 NTUs, work shall stop until turbidity levels return to background turbidity levels. The Government will need to isolate and de-fish the river around each Large Wood Structure if fish are present. Work delays of up to 1 hour could occur in wood structure work areas while de-fishing is being completed. The Contractor shall notify the Government 24 hours in advance of installing each structure to ensure biologists are on site during instream work.

The floodplain work requires regrading 10.3 acres of floodplain. The regrading will require moving and reshaping 11,800 cubic yards of mine tailings on site and hauling approximately 16,300 cubic yards of excess material to the south staging area. Approximately 3,000 CY of vegetated fill (topsoil) will be salvaged from within Option 2 construction limits for use in the Option 2 area. This topsoil shall be salvaged and stockpiled on site, but not within the Preservation area, to be mixed into the top 6 inches of the floodplain. In addition, up to 1,000 CY of wood chips will be stockpiled within the project area through a separate USFS contract to be used as a surface treatment in the Option 2 area. The Contractor shall coordinate with the second USFS Contractor to coordinate the staging and timing of the wood chip delivery.

The newly constructed floodplain will receive roughness treatments, including micro-topography surface grading to produce ridges and furrows, and roughness features including small log and brush placement. Three floodplain depressions and 12 swales with be excavated in the graded floodplain surface. Additional wood and root wads may be obtained from the south staging areas. The Contractor shall seed the 10.3 acre work area with the seed mix and methods outlined in the Technical Specifications.

Vegetation and trees, from within the work area, (with root wads) shall be salvaged, sorted and stockpiled. The quantities of trees and brush, as specified in the design drawings and technical specifications, for use in the Large Wood Structures for Option 2, shall be cut, sorted and stockpiled for use immediately within the Work area. Approximately 0.5 acres of wetland sod and shrubs shall be salvaged and transplanted as outlined in the Technical Specifications. The remaining trees and brush not used in instream structures or in the floodplain roughness shall be cut to specified lengths, hauled to a designated staging area and sorted in like sizes as specified in the Technical Specifications.

The Preservation Area depicted in the plans was selected to represent historic mining activities in this valley. The access road to the Option 2 work area is through the preservation area. The road shall remain in place upon completion of the project and reclaimed to its current condition prior to demobilization. Impacts to the preservation area on either side of the access road shall be minimized to the maximum extent possible.

Road 233, which is a County maintained road, may be used to haul material to the stockpile area located in south end of the project site. Road 233 will need to be maintained during project implementation and will need to be restored to pre-project conditions if project activities cause wear or damage to the road. The Contractor is responsible for documenting the condition of the road upon mobilization to the site and of the use of the road during construction activities. The Contractor shall place signs denoting construction traffic as specified in Section 8 of this Contract and the Technical Specification.

1. Project Location. The project is approximately 45 mi east of Grangeville, Idaho. At the junction of Highway 14 and the Crooked River Road (FR 233, MP 41), travel south for approximately 0.25 miles to the beginning of the project area.

1. Price Range. Government cost estimate, per FAR 36.204, is between $250,000 and $500,000.

1. Pre Bid Tour. A pre-bid tour will be held at the project site on Wednesday, May 17, 2017 at 11:00 PM PST. See Section L-12, FAR 52.236-27 Site Visit for details.

1. Period of Performance. The estimated start date for this project is: July 1, 2017. The completion deadline is September 30, 2017. The instream work window for large wood structure installation is July 15, 2017 through August 30, 2017. (See Section F, FAR Clause 52.211-10 Alt I.)

C-2 - TECHNICAL SPECIFICATIONS

Stand-alone technical specifications have been prepared for the Crooked River Valley Rehabilitation Project; Option 2. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract. The technical specification are located in a separate attachment; see Section J.

C-3 - DRAWINGS- Entitled “CROOKED RIVER VALLEY REHABILITATION PROJECT; OPTION 2 FLOODPLAIN RESTORATION”. The requirements contained in these drawings are hereby made a part of this solicitation and any resultant contract. The following drawings are located in a separate attachment: see Section J.

CROOKED RIVER VALLEY REHABILITATION

OPTION 2 FLOODPLAIN RESTORATION

DESCRIPTION
SHEET NO.
Cover Sheet- Title Sheet
1.0
Existing Conditions and Project Area
2.0
Rehabilitation Plan
3.0
Access, Staging and Survey Control and Water Management
4.0
Site Plan
5.0
Grading Plan
6.0
Cross Sections
7.0
Large Wood Structure Type 1
8.0
Large Wood Structure Type 3
8.1
Floodplain Roughness Detail
8.2
Substrate and Wood Chip Placement Detail
8.3

C- 4 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.

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).

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 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)

E-2 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

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 30, 2017. 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, 2017. 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 payment bond within the time specified in the offer.

All stream work must occur between July 15, 2017 and August 30, 2017. Mechanized equipment is prohibited from entering the active channel outside this time period.

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

The period of performance of this contract is from July 1, 2017 through September 30, 2017.

SECTION G – CONTRACT ADMINISTRATION DATA

G-1 - AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful quoter is required. It will be scheduled within 30 days of commencement of work. The conference will be held at the Nez Perce National Forest Supervisor’s Office, 104 Airport Road, Grangeville, ID and will include discussion of such topics as contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

G-2 - CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer 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 - 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 52.245-1 contained in Section I of the contract.

· Large and medium trees, brush and floodplain substrates – All located on site either from within Option 2 construction limits. Large and medium trees are located within Option 2 construction limits. Additional trees are stockpiled at the south staging area if needed. See Supplemental Specification Section 01640.

· Wood Chips – to be used for floodplain organic material and mixed with onsite vegetative fill (top soil). Approximately 1,000 CY supplied under separate contract.

Government Supplied Item
Used in Bid Items
Quantity
Units
Large log (pieces)1
3, 5, 6
80
EA
Medium log (pieces)1
3, 5, 6
46
EA
Small log (aprox. pieces)
3, 5, 6, 11
560
Per/Ac
Brush (aprox. pieces)
3, 5, 6, 11
2,100
AC
Wood chips (cubic yards)
10, 11
1,000
CY
Wetland Sod and Shrub
4
0.5
AC
Class 1 Rip Rap (if necessary)
1
10
CY

¹ See technical specifications for diameters and lengths.

G-4 - SUBMITTAL/NOTIFICATION TIMELINES

The submittal and notification timelines required are provided in the Technical Specifications 01300.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 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.

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.

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-2 CONDITIONS ON USE OF PREMISES (Camping)

1. Camping will be allowed only at the sites designated on the project maps or approved in advance by the District Ranger.

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

(c) 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.

1. Livestock will not be permitted without written approval from the Contracting Officer.

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

1. 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.

1. Chemical toilets are preferred for all campsites.

1. 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.

1. 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.

1. 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-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.

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

1. Weather Conditions. Normal snow conditions indicate a work season from approximately June 1 to October 30.

1. Transportation Facilities. Access from Grangeville is Mount Idaho Grade to State Highway 14 for approximately 29 miles to Crooked River Road 233. The project area is adjacent to Road 233 from approximate Mile 0.25 to Mile 2.25. State Highway 14 is a two lane, asphalt highway with shoulders and regular turnouts. Crooked River Road 233 is lane and a half, gravel road without shoulders or turnouts.

(d) Material Source/ Stockpile Site.

1. South Staging area

0. Location: From project site, travel south on FS Road 233 for 1.5 miles, turn right on unimproved route for 500 feet to South staging area.

0. Inventory: 1000 CY of wood chips

0. Stockpile: Excess wood material including slash, as designated by Government.

0. Stockpile: Excess excavated material.

H-4 - 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 clean construction equipment inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in.

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 off Forest Service land. The Contractor shall give the Forest Service at least 48 hours advance notification when equipment is ready for inspection.

Straw/Hay Bales and erosion controll devices 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-5 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 (MUTDC), published by the Federal Highway Administration and applicable safety codes. The MUTDC can be read or downloaded at http://mutcd.fhwa.dot.gov/pdfs/2009r1r2/pdf_index.htm.

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

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

For Crooked River, Option 2 Floodplain Restoration:

Location
Designation
Quantity
At beginning of Road 233 and at the Junction of Road 233 and Deadwood Road 522
HEAVY TRUCK TRAFFIC
2
On Road 233, on either side of temporary access road
TRUCKS ENTERING ROADWAY
2
On Road 233 on either side of the road that accesses the Staging Area
TRUCKS ENTERING THE ROADWAY
2

H-6 ENVIRONMENTAL PROTECTION

The contractor is required to have a spill plan. The plan will contain a description of the specific hazardous materials, procedures, and spill containment that will be used, including inventory, storage, and handling.

All vehicles carrying fuel will have specific equipment and materials needed to contain or clean up any incidental spills at the project site.

All pumps and generators used in or near streams will have appropriate spill containment structures and/or absorbent pads in place during use.

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

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

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

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

Equipment Fuel/Oil Leakage All equipment used for instream work will be cleaned of external oil, grease, dirt and mud; and leaks repaired; prior to arriving at the project site. All equipment will be inspected by the Contracting Officer’s Representative before unloading at site. Any leaks or accumulations of grease will be corrected before entering streams or areas that drain directly to streams or wetlands.

Equipment used for in-stream or riparian work (including chainsaws and other hand power tools) will be fueled and serviced in an area approved by the CO. When not in use, vehicles will be stored in the designated staging area. The staging area should be in an area that will not deliver fuel, oil, etc. to streams.

Contractor is required to have a Spill Kit or equivalent that contains oil-absorbing floating booms, and other equipment such as pads and absorbent “peanuts” appropriate for the size of the stream, available on-site during all phases of construction. For small streams with few pools or slack water, booms may not be effective. Use pads and straw bales to anchor booms if necessary. Booms will be placed in a location that facilitates an immediate response to potential petroleum leakage.

Fish-Friendly Hydraulic Fluids

In accordance with Technical Specification 01505, Mobilization and Demobilization, Subpart 1.1 - 4, equipment that will be used in live water shall utilize hydraulic fluid that is non-toxic to salmonids. The criteria used to determine if the hydraulic fluid is nontoxic to salmonids during acute exposure is found in footnote 1. According to guidance provided by the National Oceanic and Atmospheric Administration, the following products meet the required criteria:

· Chevron Clarity Hydraulic Oil A W

· Ecoterra Hydraulic Oil

· GreensCare Plus

· Mobil EAL 224H

· ENVIRON™ AW HYDRAULIC FLUIDS

The government does not endorse any of these specific products and urges contractors to perform independent research regarding the performance characteristics of each product.

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

(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.

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