ConstructionRFP.docx

Repairs NFSR No. 223, MP 6.78 – MP 19.45

Repairs NFSR No. 223, MP 6.78 – MP 19.45

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Issuing Office:

U.S. Department of Agriculture; Forest Service Region 1 Acquisition Management Grangeville Office 104 Airport Road Grangeville, ID 83530

Offers Are Solicited For:

SELWAY ROAD REPAIRS, NINETEENMILE CULVERT CONSTRUCTION AND

GEDNEY BRIDGE REPAIRS

Moose Creek RD; Nez Perce-Clearwater NFs Idaho County, Idaho

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)

Repairs NFSR No. 223, MP 6.78 – MP 19.45

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 1 - 2

SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - 7

SECTION C - DESCRIPTION/SPECIFICATIONS 8 - 13

SECTION E - INSPECTION AND ACCEPTANCE 14 - 15

E- 1 – Inspection of Construction

SECTION F - DELIVERIES OR PERFORMANCE 16-17

SECTION G – CONTRACT ADMINISTRATION DATA 18

SECTION H - SPECIAL CONTRACT REQUIREMENTS 19 - 23

H- 9 - Invoice Processing Platform (IPP)

H- 12 – Idaho Worker’s Compensation Law H- 13 - Loss, Damage, or Destruction H- 14 - Incidental Payment Items

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 29 - 43

I- 3 – Minimum Wages Under Executive Order 13658 I- 4 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 44 - 55

J- 3 - Forest Service Supplemental Specifications entitled Nineteen Mile Creek Culvert Construction No. 223- 9.0;

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K- 1 - Annual Representations and Certifications K- 2 - Commercial and Government Entity Code Reporting K- 3 – Information Regarding Responsibility Matters K- 4 - Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Alternate I

for Construction

SECTION M - EVALUATION FACTORS FOR AWARD 70 - 72

Repairs NFSR No. 223, MP 6.78 – MP 19.45

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-0343-S-16-0007

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

4/15/2016

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

791142

6. PROJECT NO.

USDA, Forest Service Region 1 Acquisition Management Grangeville Office 104 Airport Road Grangeville, ID 83530

USDA, Forest Service Region 1 Acquisition Management Grangeville Office 104 Airport Road Grangeville, ID 83530

KAREN RUKLIC: kruklic@fs.fed.us

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

(208) 983-5144

SOLICITATION

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

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

SELWAY ROAD REPAIRS, NINETEENMILE CULVERT CONSTRUCTION AND

GEDNEY BRIDGE REPAIRS

NFSR No. 223, MP 6.78 – MP 19.45 Moose Creek Ranger District Nez Perce-Clearwater National Forests Idaho County, Idaho

Price Range: The Government’s estimate is between $1,000,000 and $5,000,000.

**FAXED OFFERS ARE NOT ACCEPTABLE. ORIGINAL BID BONDS ARE REQUIRED. OFFERS MUST BE MAILED OR HAND-CARRIED AND RECEIVED BY MONDAY, MAY 16, 2016 AT 4:00 PM LOCAL TIME.

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

11. The Contractor time shall begin upon receipt of contract |_| notice to proceed and shall be completed no later than October 31, 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.)

OMB APPROVAL NO. 2700-0042

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

Duns No. ______________________________________

TIN: ___________________________________________

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

CODE FACILITY CODE

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

Please complete this block.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

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

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

USDA – Forest Service Region 1 Acquisition Management Nez Perce-Clearwater NFs Grangeville Office 104 Airport Road, Grangeville, Idaho 83503

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

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)

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

SELWAY ROAD REPAIRS, NINETEENMILE CULVERT CONSTRUCTION

AND GEDNEY BRIDGE REPAIRS

NFSR No. 223, MP 6.78 – MP 19.45 Moose Creek Ranger District Nez Perce - Clearwater National Forests Idaho County, Idaho B-1– Selway Road Repairs

ITEM

NO

SPEC NO

DESCRIPTION

MEATHOD OF MEAS.

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

TOTAL FOR ALL ITEMS BELOW.

B-2 – Nineteenmile Creek Culvert Construction

ITEM

NO

SPEC NO

DESCRIPTION

MEATHOD OF MEAS.

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

TOTAL FOR ALL ITEMS BELOW

B-3 – Gedney Bridge Repairs

ITEM

NO

SPEC NO

DESCRIPTION

MEATHOD OF MEAS.

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

Total All Items $ __________________

* Designated Method of Measurement:

AQ - Actual Quantities; LSQ - Lump Sum Quantities; CQ – Contract Quantities B-4 PRICE PROPOSAL INSTRUCTIONS: Unit prices and total item amounts must be submitted for all items within all three schedules in order to be considered for award. Do not round the extended item amounts or the total prices and provide prices to the nearest cent.

Contractor shall give a price per hour under Items 62201 A through E (Hourly Equipment Rental) for additional work above the estimated quantities that is encountered during the contract performance. Work contained in Items 62201 is for work within any of the project areas contained in this bid schedule including access roads to the project. 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-5– PAYMENT FOR BOND PREMIUMS: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

B-6 OFFER SUBMITTAL: As your offer, submit a completed and signed Standard Form 1442, a completed Schedules of Items (Sections B-1, B-2 and B-3), 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-7 ADDITIONAL CLASSIFICATION REQUIRED – DAVIS-BACON GENERAL WAGE DECISION ID160051, 1/22/2016: 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 11/10/2015).

B-8 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.

SECTION C - DESCRIPTION/SPECIFICATIONS

C-1 - PROJECT DESCRIPTION AND LOCATION

a. Scope of Contract. This project is a Collaborative Forest Landscape Restoration Project (CFLRP). The goal of the CFLRP project is to utilize collaborative, science based ecosystem restoration techniques to improve watershed function while encouraging ecological, economic and social sustainability with an emphasis on providing local employment opportunities. This project is also being performed in collaboration with the Nez Perce Tribe Watershed program. The goal of this partnership is to use restoration techniques to improve Nineteenmile Creek. This contract requires road reconstruction, retaining wall installation and related road/bridge maintenance work along with installation of an Aquatic Organism Passage culvert to improve the waterway. Erosion control will be used to protect watershed. All work shall be in compliance with this solicitation’s terms, conditions, specifications, and drawings. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals.

b. Description of Work.

1. Selway Road Repairs (Schedule of Items B-1): This work consists of road reconditioning and repairs beginning at the junction of Road 223 and Road 651 (Mile Post 6.78) and ends at the end or the road at the Race Creek Campground (Mile Post 19.45). This project includes roadbed reconditioning and surfacing, cleaning of existing culverts, ditch cleaning and installation of drop inlet covers for culverts. Aggregate surfacing placement is from MP 6.78 to MP 19.45.

2. Nineteenmile (AOP) Culvert Construction at M.P. 9.0 of Road 223 (Schedule of Items B-2): This work consists of removing and disposing an existing timber bridge, structure excavation, roadway embankment, backfilling, compacting, furnishing and installing a new structural plate arch culvert on precast footings, riprap, and hauling and placing crushed aggregate surfacing. Work also includes a temporary detour construction and removal with temporary bridge.

3. Gedney Creek Bridge Repair at M.P. 18.4 of Road 223 (Schedule of Items B-3): This work consists of the removal of an existing timber bridge curb and rail system and replacing it with a new glued-laminated timber curb and rub rail system as well as making safety improvements to the approaches. Improvements consist of but are not limited to: roadway embankment, glued-laminated timber curb along the approach spans, two new approach guardrails and terminal sections at the east bent, two new object markers at the west bent, gravel surfacing at the widened approach adjacent to the east bent and removal of a tree adjacent to the east bent.

c. Project Location. The project is located east of Kooskia, Idaho approximately 25 miles, near Lowell, ID. From Kooskia, ID travel East on Highway 12 for 23 miles to the junction of FS Road 223. The project begins at MP 6.78 of Road 223 and continues to MP 19.45. See project drawings for milepost locations of item work.

d. Pre-Bid Tour. No pre-bid tour is planned.

e. Start Work. It is estimated that work will begin on July 1, 2016.

f. Period of Performance/Construction Timing. (See Part I, Section F, Clause 52.211-10 Alt I).

C-2 - GOVERNMENT FURNISHED MATERIAL

Government furnished materials are identified in the Schedule of Items.

· Rock and fill materials are available at the O’Hara Pit and Stockpile. The pit is located at MP 0.3 of FS Road 651, Section 25 of T32N, R7E.

· Forest Service provided Temporary Bridge available at the Helena District Work Site, 2001 Poplar St., Helena, MT 59601. Contractor is responsible for inventorying, mobilizing, making sure the bridge is functional on site and returning the bridge. Additional information in Specification 680.

C-3 - STANDARD SPECIFICATIONS

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

C-4 - FOREST SERVICE SUPPLEMENTAL SPECIFICATIONS

Forest Service supplementary specifications are included as a separate APPENDIX of this solicitation. The supplementary specifications applicable to this project are listed in Part III, Appendix A.

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

C-5 – CONSTRUCTION PLANS The following drawings are a part of this solicitation and any resulting contract and are found in a separate attachment in Section J.

Entitled “SELWAY ROAD REPAIRS, NFSR NO. 223” (Schedule of Items B-1)

Entitled “NINETEENMILE CREEK CULVERT CONSTRUCTION” (Schedule of Items B-2)

Entitled “GEDNEY CREEK BRIDGE REPAIRS” (Schedule of Items B-3)

C- 6 BIOBASED PRODUCT UTILIZATION

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

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

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

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

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

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Section L, Clause L- * - Instructions for the Preparation of Technical and Business Proposals).

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

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

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

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

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

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

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

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

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

SECTION E - INSPECTION AND ACCEPTANCE

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

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

After the payment and performance bonds are received and approved by the Contracting Officer, the Contractor shall be required to (a) commence work in accordance with the accepted work plan (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 31, 2017. The time stated for completion shall include final cleanup of the premises.

The following work restrictions also apply to the prosecution of work:

· All items in the Schedule of Items B-2: Nineteenmile Creek Culvert Construction must be complete by October 31, 2016.

· For Schedule of Items B-2: Nineteenmile Creek Culvert Construction, all in stream channel work must be completed during the fish window of July 15 to August 15, 2016.

· For all work, no road closures will be allowed from July 1 to September 15 each year; traffic delays of up to 2 hours are acceptable. Road closures outside of these dates will be allowed Monday through Thursday only. The road must be passible by passenger vehicles and vehicles with campers or horse trailers Friday through Sunday.

· If using Forest Service provided temporary bridge for Nineteenmile Culvert, bridge must be returned to the Helena District Work Site, 2001 Poplar St., Helena, MT 59601 by October 1, 2016.

· The following items in the Schedule of Items B-1: Selway Road Repairs must be completed by October 31, 2016 to meet associated funding requirements: Schedule of Items B-1

· 12, 60201: 18” Pipe Culvert, 0.064” Thickness Steel, 0.075” Thickness Aluminum

· 13, 60403: Inlet, Corrugated Metal Pipe Drop Inlet with Treated Timber Cover

· 14, 60412: Treated Timber Drop Inlet Cover

· 16, 60714: Clean Existing Culvert, In Place.

The October 31, 2017 completion date is based on the assumption that the successful offeror will receive the notice to proceed by June 13, 2016. This completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

PART I - THE SCHEDULE

SECTION G – CONTRACT ADMINISTRATION

G-1 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 30 days of the commencement of work. The conference will be held at Nez Perce – Clearwater National Forests Office, in Grangeville, ID. Another location may be approved if all parties agree.

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.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H- 2 FAR 52.236-4 Physical Data (APR 1984)

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

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

(b) Weather Conditions. Normal snow conditions indicate a work season from approximately March 1 to November 30.

(c) Transportation Facilities. The project is located on FS Road 223. From Kooskia, Idaho travel east on US Hwy 12 for 23 miles. Road 223 is a paved two lane road to MP 7.0 and then becomes a wide one lane gravel road with turnouts.

(d) Material Sources.

Government furnished materials are available at the O’Hara Pit and Stockpile. The pit is located at MP 0.3 of FS Road 651, Section 25 of T32N, R7E.

Forest Service provided Temporary Bridge available at the Helena District Work Site, 2001 Poplar St., Helena, MT 59601. Contractor is responsible for inventorying, mobilizing, making sure the bridge is functional on site and returning the bridge. Additional information in Specification 680.

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

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

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

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

H-4 Barricades, Warning Signs, and Other Devices

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

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

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

Contractor to submit traffic control plan for each project in the schedule of items. Minimum requirements of the traffic control plan are described in Specification 156.

H-5 ENVIRONMENTAL PROTECTION

Prevention of Oil Spills.

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.

Fuel and 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 waste 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 waste according to 29 CFR 1910.120). Notify the Forest Service 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. Any spills resulting in a detectable sheen on water shall be reported to the EPA National Response Center (1-800-424-8802). Any spills over 25 gallons will be reported to the Idaho Division of Environmental Quality and cleanup will be initiated within 24 hours of the spill. When available 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.

H-6 NOXIOUS WEED CONTROL

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

The following is considered proof of weed-free equipment:

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

H-7 FIRE CONTROL (FS 236-1)

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.