Grays Creek Rehab 2.pdf

GRAYS CREEK REHAB CONTRACT

PAYETTE NATIONAL FOREST

COUNCIL RANGER DISTRICT

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ITEM

No.

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT

PRICE

TOTAL

AMOUNT

*004

PAYETTE NATIONAL

FOREST

Obliteration of landings

Obliteration of temporary roads/spur roads

Removal/Installment of gate

Removal of culverts

OPTIONAL

TIN #______________

DUNS#________________

*Evaluation of Options Exercised at time of contract award.

8 acres

5 miles

Acre

Mile

Gate

Culvert

TOTAL

PRICE

Grays Creek Rehab Contract

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Items (Sept 2005)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price.

The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. “Assignment of Claim” is effective for one year only. Contractor needs to submit new Assignment of Claim request prior to each contract performance period, i.e., Base Year, Option Year One, Option Year Two.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601- 613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding notation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed notation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offertory and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

FAR 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders—Commercial Items (JUN 2007)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

http://www.ccr.gov/�

(1) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).[

__ (4) Reserved]

_X (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (Sept 2006) (15 U.S.C. 637(d)(4).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C.

632(a)(2)).

_X (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2006) (E.O. 13126).

_X (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

__ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

__ (24)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

__ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (25) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

(26)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2006) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (27) 52.225-5, Trade Agreements (Nov 2006) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (28) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (29) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (42 U.S.C. 5150).

__ (30) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).

__ (31) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

__ (32) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

_X (33) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (34) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (35) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (36) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (37)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

_X_(38) 52.217-4 Evaluation of Options Exercised at Time of Contract Award

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965, as Amended (July 2005) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C.

793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (July 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

(vii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.215-5 Facsimile Proposals (OCT 1997)

(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: 208 373-4197

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offeror and permit offer to resubmit the proposal.

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timelines, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

FAR 52.215-5 Facsimile Proposals (OCT 1997)

(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offertory may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: 208-373-4197.[jc3]

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offer or and permit the offer or to resubmit the proposal.

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offer or; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timelines, provided the offer or complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offer or promptly shall submit the complete original signed proposal.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class Monetary Wage--Fringe Benefits

Equipment Operator

$ 19.99

Brush/Precommercial Thinner [jc4]

$ 12.36

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

C.1

GENERAL REQUIREMENTS

A. SCOPE OF CONTRACT

This contract requires obliteration of landings and temporary roads/spur roads, removal of three culverts, and removal/installment of one gate. Included is the furnishing of all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform the work.

This work is being solicited as a performance based service contract. Performance based means the Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.

B. LOCATION AND DESCRIPTION

General area information, and specific work site locations are shown on the project area map.

Attachment 3 includes a project area map showing specific locations where landings and temporary/spur roads are to be obliterated. The map may be obtained at the Council Ranger District Office, or mailed upon request. Copies will be provided to the successful awardee after award.

(1) Location. The project is located in the Gray’s Creek Fire Salvage Sale area on the Payette National Forest. All areas are on the Council Ranger District. See Attachment 1 for legal descriptions.

(2) Site Visit. No site visit is planned for this project. Any interested party can call and make arrangements for a site visit. For further information, please contact Kevin Reilly at the Council Ranger District, (208-253-0146).

C. ACCESSIBILITY

Work areas may be reached by Forest Service roads accessible by standard two or four-wheel drive pickup trucks with mud/snow tires and chains if needed, during normal operating seasons.

ATV's will only be permitted in areas designated by the Contracting Officer's Representative (COR).

Road closures will coincide with opening dates of the general hunting season. Contractors will be allowed access under the following terms: No vehicle or ATV use behind gates for hunting or transporting game animals.

D. BOUNDARIES

Project locations are marked on the project map.

E. ROADS

Roads shall be kept open for vehicle travel, unless prohibited from use as indicated on project map.

F. SUPERVISION

The Contractor or his on-site representative shall provide a nonworking supervisor unless otherwise authorized by the Contracting Officer.

G. EXISTING FACILITIES

All existing facilities, including those listed as protection improvements on the project map, and water sources, spring boxes, fences, gates, cattle guards, survey monuments, wildlife guzzlers, roads, erosion dips, barriers, and drainage facilities, damaged by the Contractor shall be replaced or repaired at no cost to the Government

H. PROTECTION OF STREAMCOURSES

The contractor shall minimize damage to stream courses and irrigation ditches in the Grays Creek Rehab project area. Except for culvert removal, the following is prohibited:

(1) The contractor shall not allow debris from operations to accumulate in stream courses. Any material that has fallen into a stream course shall be removed by methods that do not require the operation of equipment in the stream course.

(2) No equipment shall be operated within 120 feet of any wetlands or intermittent stream course, and 240 feet of any perennial stream course unless on an existing road within the stream course protection buffer and/or approved by the COR.

I. PREVENTION AND CONTROL OF SOIL EROSION

The Contractor shall minimize soil erosion. Precautions shall include:

(1) Prevention of rutting of roads.

(2) Performing obliteration work only when soil moisture is 20% or lower.

J. POLLUTION ABATEMENT

Oil from crankcases or gearboxes, fuel and equipment waste shall be placed in containers and removed from the worksite or disposed of as approved by the Contracting Officer. The Contractor shall remove from Government lands all trash generated on Government lands. No fueling will be allowed within 120 feet of any wetland or intermittent stream courses, and 240 feet of any perennial stream courses.

K. NOXIOUS WEED CONTROL

This project lies within a weed management district, which is any area of land identified for the purpose of weed management or control. Such an identified land area may be, but is not limited to, one of the following: 1) a project or job site, 2) a county, 3) two or more counties, or 4) a National Forest.

All earth moving equipment to be used in the project area shall be reasonably clean and weed free prior to entrance onto Federal lands, and visually inspected and certified in writing by a designated Forest Service official. Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. Cleaning shall also be required when moving from a known noxious weed site to another work site within the project area. There are noxious weed sites identified on the project area map.

L. WILDLIFE PROTECTION

This project lies within an area identified to have habitat suitable for the Northern Idaho Ground Squirrel (NIDGS) which is listed as a threatened species. The Forest Service is required by the Endangered Species Act of 1973 and the National Environmental Policy Act of 1969 (NEPA) to determine the potential effects on threatened and endangered species, species proposed for listing, and designated or proposed critical habitat for all actions authorized, funded, or carried out by the Forest Service. NIDGS mitigation measures will be followed as below:

(1) Before any obliterating, re-contouring, and slash spreading work is performed by the contractor, the Wildlife Biologist will conduct surveys in all landing and temporary/spur road locations to determine whether Northern Idaho Ground Squirrels inhabit the area.

(2) If NIDGS, or NIDGS sign, are found, project activities may be altered or rescheduled. If a borrow or den is located, the landing and/or temporary/spur road will be left as is for a distance of 100 feet away from the closest borrow or den. If rescheduling is required, project activities may be shifted to the NIDGS denning period (August 15th – March 31st).

C.2

TECHNICAL SPECIFICATIONS

Work shall be directed by the COR/Inspector in accordance with the following technical specifications.

A. EQUIPMENT REQUIREMENTS

Description: The work includes obliteration of landings, temporary roads/spur roads and removal of three culverts and removal/installment of one gate.

All equipment shall be in good mechanical and operating condition and shall be operated by competent operators experienced in the work. The Contracting Officer may require the Contractor to replace an employee determined by the Contracting Officer to be incompetent, careless, or otherwise objectionable.

1) For the obliteration work of this contract, an excavator capable of breaking up compacted soil to a depth of 16 inches, re-contouring the soil, and spreading slash to provide a minimum of 35-50% effective ground cover.

2) Hydraulic Excavator. Provide a track mounted hydraulic excavator, 1990 model year or newer. Bucket must be equipped with a hydraulic "thumb". It is anticipated that an excavator of a size equivalent to a Cat 320 is needed for the culvert removal of this project. Contractor is required to get approval of the size from the COR prior to any work taking place.

3) The cab must protect the operator from the top, sides, and back from flying and falling debris.

B. WORK REQUIREMENTS

Description:

1) On landings, temporary roads, and spur roads, reclamation of compacted soils including sub-soiling to ameliorate compaction of soils to a depth of 16 inches (unless prohibited by rock), re-contouring to the natural slope profile (if needed and as possible), and scattering of slash material (as available) to provide a minimum of 35-50% effective ground cover. Seeding with native seed and mulching to facilitate vegetation recovery will be required where slash is not available. The Forest Service will determine where re-contouring, mulching and seeding are required, and where soil can not be ripped to 16 inches (see attachment for more detailed specifications).

2) All culverts and fill material in draws will be removed and stream channels restored to natural grade and dimensions. Live streams will require a minimum of two grade control structures. In addition, native forbs and shrubs will be transplanted from areas adjacent to the road, as well as spreading of natural slash (see attachment 1 and 2 for more detailed specifications).

3) The removal and installment of one gate for long term closure on road 50601. The same gate will be used by removing the gate on road 50217 and installing it on road 50601. Contractor will be required to use same posts and gate, and secure posts with cement.

C.3 CONTRACT TIME AND REQUIRED RATE OF PROGRESS.

The Contractor shall maintain progress at a rate which will assure completion within the contract time indicated below. The minimum acceptable rate of progress will be calculated by dividing the total units of work for each item by contract time specified below:

ESTIMATED START DATE ESTIMATED COMPLETION DATE

June 15th, 2010 October 31st, 2010

The Government will issue a Notice to Proceed as soon as roads are passable and soil moisture is 20% or lower. The count of contract time will start on the date specified on the Notice to Proceed, if hand delivered, or on the third day after the post office has issued a Notice of Certified Mail to the Contractor.

Failure of the Contractor to pick up certified mail will not be considered an excusable delay within the meaning of Clause 52.245-10.

It is the Contractor's responsibility to keep the Contracting Officer’s Representative currently advised as to where the Contractor or the Contractor's representative may be reached by phone during periods of suspension. Contractor must have a designated representative on site during operation in their absence.

C.4 MEASUREMENT AND PAYMENT

Payment for landing obliteration will be made by the acre. The COR and/or COR inspectors will measure the obliteration work in the landings by GPS, range finder or tape measure to determine the actual size of work completed. Payment for temporary/spur roads will be made by the mile. All distances for the temporary/spur roads will be measured by GPS, range finder or tape measure to determine the actual distance of work completed. The Forest Service will determine which measurement method to use for work completed. Payment for removal of culverts and removal/installment of gate will be done after work is successfully completed.

C.5 MOBILIZATION

Move-in/move-out defined as all mobilization between worksites requiring the equipment to be hauled, must be included in unit prices.

C.6 PERMITS AND RESPONSIBILITIES

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occurs as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed until of work which may have been accepted under the contract.

C.7

PROPERTY AND PERSONAL DAMAGE

The Contractor shall use every precaution necessary to prevent damage to public and private property.

Land monuments and property markers shall not be disturbed until the Contracting Officer or his representative, have witnessed or otherwise referenced their location and directed their removal.

The Contractor shall be responsible for all damage to property and to persons, including third parties that occur as a result of his or his agent's or employee's fault to negligence. The term "third parties" is construed to include employees of the Government.

C.8

Fire Requirements

Specific fire precautionary measures listed shall be applicable to the Contractor along with applicable State and Federal Laws during the Contractor’s operation in the fire precautionary period described below. The Contracting Officer shall, by written notice, extend the fire precautionary period if justified by unusual weather or other conditions.

The fire precautionary period is May 10th, to October 20th.

Contractor will be required to observe State and Federal Fire restrictions for precautionary periods and be responsible for all fire requirements listed in section H.3.

Contractor shall clear and maintain an area free of flammable material for a distance of not less than 15 feet from buildings, tents, and other structures connected with Contractor’s operation.

Forest Service will randomly inspect equipment in the field to assure contract compliance.

H. 1. KEY PERSONNEL

H.1.1. The Contractor shall assign to this contract the key personnel identified in their technical proposal and that list may include the following:

CONTRACTOR REPRESENTATIVE

FOREMAN/WOMAN

INSPECTOR

H.1.2. The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer within a reasonable timeframe and in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced.

H.1.3. The Contractor shall make no diversion of personnel without the written consent of the Contracting Officer.

H.1.4. The contract will be modified to reflect any approved changes of key personnel.

H.2 AGAR 452.236-74 Control of Erosion, Sedimentation and Pollution (Nov 1996)

(a) Operations 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). Except for culvert removal, no equipment will be permitted within 120 feet of wetlands or intermittent stream courses and 240 feet of perennial streams or in flagged sensitive areas. Sensitive areas will be flagged with blue and white candy stripe flagging.

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or near rivers, streams, lakes, and impoundments; or into natural or man-made channels. Wash water or waste 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.

(c) Mechanized equipment shall not be operated in riparian areas without written approval by the Contracting Officer.

Equipment repairs and refueling:

All repair and replacement of equipment are the responsibility of the Contractor and will be made at the Contractor’s expense. The Contractor will be responsible for making repairs and replacements within 2 calendar days after receiving notification that the repairs are necessary. If the Contractor is unable to make the necessary repairs within 2 calendar days, the Contactor, with the Contracting Officer’s approval, will provide substitute equipment meeting contract specifications.

Any refueling or mechanical work shall be done more than 120 feet from any wetlands and intermittent stream courses, and 240 from any perennial stream courses. The Contractor will be responsible for all hazardous spills from servicing or repairing equipment.

Loss/Damage or Destruction:

The Government shall not be liable for loss, damage or destruction of equipment furnished under this contract except for such loss, damage or destruction resulting from negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment. All claims arising under this clause will be submitted to the Contracting Officer.

Condition of Equipment:

All equipment furnished under this contract must be in acceptable condition. The Government reserves the right to reject equipment, which is not in a safe and operative condition, or does not meet the specifications.

H.3 FIRE CONTROL

H.3.1. 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.

H.3.2. 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.

H.3.3. 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.

H.3.4. An equitable adjustment in contract time may be made for this period.

H.3.5. Fire Protection Requirements - Fire Plan. At all times during the fire precautionary period, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

H.3.5.1. Fire Tools. The Contractor shall furnish sufficient fire tools of a kind and type satisfactory for fire suppression to equip persons engaged in contractor’s operations. Fire tools shall be used only for susppressing wildfires. Tools shall be stored in fireboxes provided by contractor and readily available to employees. Each toolbox shall be marked “Tools for Fire Only,” painted red and kept sealed.

H.3.5.2. Fire 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 one size 0, or larger, round-pointed shovel. Shovels shall be so placed on the machines that they can readily obtained at all times.

H.3.5.3. Spark Arresters. Each gasoline or diesal internal combustion engine, except powersaws, shall be equipped with a spark-arresting device which has been approved by the Forest Service. After installation, spark-arresting devices shall be kept in a satisfactory working condition

H.3.5.4. Powersaws. Each gasoline powersaw shall have a spark arrester muffler affixed and in good working condition. Said spark arrester-muffler shall meet standards approved by the Forest Service, and the following will be provided:

a. One – size 0, or larger, round-pointed shovel. Shovel must be immediately available for use, and maintained in good working condition at all times.

b. 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, and maintained in good working condition at all times.

H.3.5.4.1. 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.

H.3.5.5. Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

H.3.5.6. Smoking and Lunch Fires. Contractor shall prohibit smoking and the building of fires by persons engaged in Contractor’s operations, except at established camps and shall enforce this prohibition by all means within contractor’s power. The Contracting Officer may, on written request by the Contractor, designate places where: (1) Campfires may be built for the purpose of heating lunches or (2) smoking may be permitted. Such designated places shall be clear of flammable material to mineral soil prior to use.

H.3.5.7. Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material shall be stored in a separate building (or on site where all flammable debris has been cleared away within a radius of 25 feet). Storage buildings (or sites) shall be a minimum distance of 50 feet from other structures. A suitable shovel, and dry sand in a covered container of not less than 25-gallon capacity (or a fire extinguisher of not less than 2-quart capacity of a type approved by the Underwriter Laboratory for gasoline and oil fires), shall be placed at each gasoline and oil shed, or other motor-fueling station. Mobile servicing units shall be equipped with a fire extinguisher of not less than 2-quart capacity of a type approved by the Underwriter Laboratory for gasoline and oil fires.

H.3.5.8. Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

H.3.5.9. Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

H.3.5.10. Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container, (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

H.3.5.11. Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

H.3.5.11.1 When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

a. All high fire risk operations could be terminated at 1300 local time.

b. All burning could be stopped, including debris burning fires.

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

H.3.5.12. Pump and Trailer. Not required.

H.3.5.13. Burning. Before starting any open burning, the Contractor shall comply with the following:

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

a. Obtain a burning permit from the District Ranger.

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

c. Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion.

Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

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

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

H. 4. CAMPING AND WORKSITE CONDITIONS

H.4.1. Camping and Worksite Plans shall be consistent with requirements set forth in this section, Section H.