AG-0343-S-16-0071_-RFP_West_Fork_Water_System_Replacement.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. RFP AG-0343-S-16-0071 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.)

3. Offerors may not submit facsimile proposals or e-mail proposals as responses to this solicitation.

Proposals received by fax or e-mail will not be considered. Please reference Block 8 of the Standard

Form 1442 for the address to submit proposals.

FS-6300-45 (11/79)

Issuing Office:

U.S. Department of Agriculture

Forest Service

Northern Region Acquisition Management 3815 N. Schreiber Way

Coeur d’Alene, Idaho 83815

Offers Are Solicited For:

PROJECT

West Fork Water System Replacement

Bitterroot National Forest

West Fork Ranger District

6735 West Fork Road

Darby, Montana 59829

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0343-S-16-0071

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

8/3/2016

PAGE OF PAGES

1 49

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA, Forest Service Northern Region Acquisition Management 3815 N. Schreiber Way Coeur d’Alene, ID 83815

USDA, Forest Service Northern Region Acquistion Management 3815 N. Schreiber Way Coeur d’Alene, ID 83815

9. FOR INFORMATION

CALL:

a. NAME

Estyn Kevitt

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

208-765-7433 (email ekevitt@fs.fed.us)

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):

West Fork Water System Replacement

Bitterroot National Forest

West Fork Ranger District

Darby, Montana

Price Range

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

11. The Contractor shall begin performance within 10 calendar days and complete it by November 30, 2016 after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F, Clause 52.211-10)

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

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

YES NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 3 copies to perform the work required are due at the place specified in Item 8 by 2:00 pm local time 09/06/2016. 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 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

Duns No. ______________________________________

TIN: ___________________________________________

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

USDA – Forest Service

Northern Region Acquisition Management 3815 N. Schreiber Way

Coeur d’Alene, Idaho 83815

All invoices will be processed by the Department of Treasury’s Invoice Processing Platform (IPP). Visit ipp.gov to learn more. Contractors must follow instructions on how to register and submit invoices via

IPP.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

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

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

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

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

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

West Fork Water System Rehabilitation

Ravalli County, Montana

B-1 Schedule of Items

Pay

Item

Description Meth of

Meas.

Unit

Estimated

Qty

Unit

Price

Total

PROPOSAL LINE ITEMS

1 Mobilization LSQ LS 1 $________ $________

2 Demolition LSQ LS 1 $________ $________

3 Clearing and Grubbing LSQ LS 1 $________ $________

2" HDPE Water Supply Line, including connection to water tank and pump house plumbing

AQ LF 1,631 $________ $________

Replace 2” Valve & Valve

Box on tank overflow line

LSQ LS 1 $________ $________

Pump House Plumbing

Modifications

Electrical – Telemetry Cable

Route on Sheet E1.0

Electrical – Terminal

Equipment

9 Erosion Control LSQ LS 1 $________ $________

10 Grading and Seeding LSQ LS 1 $________ $________

TOTAL $________

* Designated Method of Measurement

DQ – Designed Quantities; AQ – Actual Quantities, LSQ – Lump Sum Quantities;

B-1 Notes

1. Bidder must bid on all items. Round to nearest cent.

2. In the event of an error in extending bid prices, unit prices will govern unless otherwise determined by the Contracting Officer in accordance with applicable regulations.

3. Offers for quantities less than those listed in the numbered items may be rejected.

4. Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price

Construction Contracts, shall not be in addition to the contract price. Include payment bond under

Item 01 Mobilization.

5. The Government reserves the right to request additional information as required to fully understand the Contractor’s pricing structure and determine its reasonableness.

6. Contingency costs are not permissible in accordance with FAR 31.205-7. Unforeseen conditions are addressed under the following FAR clauses: 52.236-2 and 52.243-4 (see Section I).

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Contract

Work includes but is not limited to the following major items of work as shown on the plans and specifications.

1. Demolition: all existing electrical and plumbing equipment inside the existing pump house building, including removal of existing pump and drop pipe, and existing float system in the water storage tank.

2. Installation of new plumbing and electrical equipment in pump house, including new pump and drop pipe in existing well.

3. Installation of water supply line from existing pump house to existing water storage tank. Includes new tank entrance, and replacement of shut-off valve on overflow/drain line. Also includes installation of new control wires from water storage tank to pump house.

4. Drain and abandon existing water supply line as shown on drawings. Abandoned lines that conflict with proposed construction shall be removed as required.

Abandoned lines not removed shall be capped at all open ends.

5. Includes clearing & grubbing, erosion control, and grading and seeding of all disturbed areas.

C- 2 Project Location

The work shall occur in the areas as shown on the Drawings which are within the US Forest Service’s West

Fork Ranger Station. Prospective offerors may inspect the site on the day of the pre-bid conference or at a time of their choosing up to the due date of proposals. Inquiries concerning the specifications and drawings may be made to Shawn Boelman, 406-363-7107, sboelman@fs.fed.us

C- 3 Price Range

The Government Cost Estimate, per FAR 36.204, is between $100,000 and $250,000.

C- 4 Government-Furnished Property

There is no Government-Furnished Property for this project.

mailto:sboelman@fs.fed.us

C- 5 Project Specifications

The West Fork Water System Replacement Project Specifications are all inclusive and are included as an attachment to this solicitation.

The following Project Specifications are included as an attachment to this solicitation:

DIVISION 1 – GENERAL REQUIREMENTS

SECTION 011000 SUMMARY OF WORK

SECTION 010250 CONSTRUCTION STAKING

SECTION 011400 WORK RESTRICTIONS

SECTION 011700 ACCIDENT PREVENTION

SECTION 012900 PAYMENT PROCEDURES

SECTION 012910 MOBILIZATION

SECTION 013300 SUBMITTALS

SECTION 014000 QUALITY REQUIREMENTS

SECTION 014030 CONTRACTOR QUALITY CONTROL

SECTION 014100 REGULATORY REQUIREMENTS

SECTION 014200 REFERENCES

SECTION 015000 TEMPORARY FACILITIES AND CONTROLS

SECTION 015100 EROSION CONTROL

SECTION 017100 WEED AND DISEASE PREVENTION

SECTION 017300 EXECUTION REQUIREMENTS

SECTION 017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

SECTION 017700 CLOSEOUT PROCEDURES

DIVISION 2 – EXISTING CONDITIONS

SECTION 024102 REMOVAL AND DISPOSAL OF STRUCTURES AND OBSTRUCTIONS

DIVISION 3 – CONCRETE

SECTION 033020 CONCRETE FROM PACKAGED DRY MIX FOR MINOR STRUCTURES

DIVISION 22 – PLUMBING

SECTION 221100 WATER DISTRIBUTION SYSTEM

SECTION 221102 CURB VALVES AND BOXES

SECTION 221103 PLUMBING APPURTENANCES

SECTION 221120 SUBMERSIBLE WELL PUMP

DIVISION 26 – ELECTRICAL

SECTION 260500 BASIC ELECTRICAL REQUIREMENTS

SECTION 260508 CODES AND STANDARDS

SECTION 261000 ELECTRICAL SYSTEM

SECTION 261020 CATALOG SHEETS

DIVISION 31 – EARTHWORK

SECTION 311000 SITE CLEARING

SECTION 312000 EARTHWORK

DIVISION 32 – EXTERIOR IMPROVEMENTS

SECTION 329000 SEEDING AND MULCHING

C- 6 Drawings

Drawings for this project are included as an attachment to this solicitation and will be a part of any resulting contract:

C- 7 Submittals

The Contractor shall submit to the CO the following plans at least 14 days prior to beginning work. In addition, the Contractor shall supply the CO all required submittals for each bid item at least 14 days prior to commencing work on the corresponding item. All submittals shall be reviewed and approved by the

CO. Preparation of all submittals shall be considered incidental to the other work items in this contract.

a. Construction Schedule (S-001). The Contractor shall prepare a detailed construction schedule that outlines the sequence of work, and specifies key construction milestones. The schedule shall allow time for inspection of work by the Government.

b. Health and Safety Plan (S-002). The Contractor shall submit to the CO a Health and Safety Plan before work commences. Minimum items to be included in the safety plan are:

a. Project Description

b. Authority, Roles and Responsiblities

c. Proposed Competent Person and Qualifications

d. Lines of Communication/Communication System

e. Hazard Identification Control

f. Evacuation Plan/Direction to Nearest Hospital

g. Proposed Equipment

h. Proposed Trenching and Excavation Safety Measures including Competent Person and

Qualifications (if any)

i. Proposed Personnel Protective Equipment (PPE)

j. First Aid Station

k. Employee Training

In accordance with OSHA (29 CFR 1926), the Contractor is responsible for the safety of all work activities at the sites and shall ensure that proper safety requirements are followed. The Contractor shall be aware that areas of the site are located on steep slopes with minimum working clearances and that construction activities may require safety precautions.

c. Quality Control Plan (S-003). The Contractor shall provide quality control to assure that construction complies with the requirements of the project specifications, contract provisions, and contract drawings. The CO will be responsible for quality assurance in the form of receiving and reviewing all quality control documentation as provided by the Contractor, including construction oversight and any additional testing as deemed necessary by the CO.

The Contractor shall submit a Quality Control Plan in accordance with FP-03 Standard

Specification 153, Contractor Quality Control.

d. Other Submittals (S-004). The following is a listing of other submittals required under this contract. This list summarizes the requirements shown under each work item; however, the list may not be all-inclusive. The Contractor is responsible for identifying all required submittals.

a. Subsurface Information and Utilities

i. Records or logs of borings or test holes made by Contractor, if any.

ii. Results of exploratory excavations made to verify locations and nature, shape, dimensions, etc., of exisiting utilities and facilities; where possible, indicate this information on a clean copy of Contract Drawings

b. Field Relocation: Clearly show proposed relocations of new or existing facilities, or related work affected by the relocation, on a clean copy of the Contract Drawings and submitted prior to performing the relocation.

c. Easements: Copy of easements and other agreements obtained from utilities and property owners as required to carry out the work.

d. Connecting Work: Proposed methods of connecting new work to existing facilities, where not shown or specified.

e. Cutting and Patching

i. Written notice requesting consent to perform cutting, which may affect structural safety or normal functioning of existing facilities.

ii. Recommendations indicating changed conditions, alternative materials or methods, time when uncovered work may be observed, and other information necessary to evaluate substitutions when work conditions necessitate change of materials or methods.

f. Leases: Copy of leases and other agreements obtained from public agencies or private owners as required for Contractor’s staging and material storage areas.

C-8 Biobased Product Utilization (Reference: I-6, FAR 52.223-2 Affirmative Procurement of

Biobased Products Under Service and Construction Contracts)

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.

Grease Removers Insulating Foam Concrete and Asphalt Release Fluids

Fluid-filled Transformers Wood and Concrete Sealers Composite Panels

Adhesive and Mastic Removers Carpets Roof Coatings

Hydraulic Fluid Water Tank Coatings

Hydraulic Fluids Penetrating Lubricants Concrete and Asphalt Release Fluids

Absorbents Diesel Fuel Additives Greases

Dust Suppressants 2-Cycle Engine Oil Wood and Concrete Sealers

Fertilizers Roof Coatings Water Tank Coatings

Adhesive and Mastic Removers Cleaners Sorbents

Floor Finish Floor Stripper Composite Panels

Insulating Foam Sealers Carpet

Metalworking Fluids Graffiti and Grease Removers Stain Removers

Degreasers De-icers

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- 4 - 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

http://www.biopreferred.gov/

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

52.246-13 Inspection--Dismantling, Demolition, or Removal of Improvements (AUG 1996) https://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

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

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 November 30, 2016. 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 September 30, 2016. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

SECTION G – CONTRACT ADMINISTRATION DATA

G-1 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 advised 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 respresentative(s) acting within the limits of their delegations of authority.

G-2 Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submissions and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must register at https://www.ipp.gov/vendors/enrollment-vendors.htm Contrators shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

http://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H- 2 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Superintendent/On-site Contractor Representative (on-site supervisor)

Quality Control Officer

(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- 3 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 the Contractor’s employees, the Contractor when requested by the Contracting

Officer shall place the 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 the

Contractor’s operation under the contract.

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

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

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

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

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

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

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard

5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive

Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

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

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

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

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

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or

1 foot if the combustible material is protected by a metal or asbestos shield.

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

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

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a

Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

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

(12) Pump and Trailer. Pump and Trailer or Truck. During Stage I or II fire restrictions the following shall be required:

The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity which shall be mounted to a live hose reel with a minimum of 100 feet of hose not less than (3/4) inch INSIDE diameter of non-collapsible

(booster) hose with combination nozzle. Hose shall be connected to the water supply.

The tank shall be attached to the chassis frame or to a structurally sound flat bed in such a way to withstand pitch, roll and yaw of the load during on and off road operation of the unit without damaging the tank or other chassis components.

The pump may be an auxiliary powered pump or a power take-off pump with discharge capacity of a minimum 10 gallons per minute at 100 P.S.I. pressure. All pumps shall have a discharge pressure gauge.

If the pump is of the positive displacement type, a bypass or pressure relief valve shall be provided. The pump as mounted shall be capable of drafting water from a source located 10 vertical feet below the pump head through the required 20 feet of suction hose. A portable pump capable of filling a 100 gallon tank in

10 minutes or less may be substituted in order to meet the fill time requirements.

Each Pump and Trailer or Truck unit shall have an additional fitting for 250 feet of ¾ inch garden type hose (capable of withstanding the required pressure), two ¾ inch gated wyes, and 4 hose nozzles of the shut-off type, adjustable for straight stream, spray, or fog.

A fire extinguisher, multi-purpose 2A 10BC that is securely mounted to the trailer or truck and accessible by the operator shall be required. The fire extinguisher shall have a current annual inspection tag and the annual maintenance tag in regards to a 6 year annual inspection and every 12 years regarding a hydro test on all dry powder, metal fire extinguishers.

Tools, adapters, accessories and fuel necessary to operate the pump and trailer or truck shall be provided.

If a trailer is used, the proper tow hitch shall require a 2 inch ball, a serviceable vehicle and shall be located at point satisfactory to the Contracting Officer. Fill sites shall be identified prior to use, and equipment shall be field tested in the presence of an inspector.

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

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

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

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

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

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

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

H- 4 Loss, Damage, or Destruction

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

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

H- 5 Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H- 6 Conformity With Drawings and Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H- 7 Local Material Sources

(a) Designated Sources--Sources of local materials will be designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads. Any Contractor royalty payment requirements will be stated below.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with the Differing Site Conditions and Changes clauses.

(b) Contractor-Furnished Sources--When the material sources are not designated as provided above or the

Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor-furnished source material result in financial disadvantage to the Government. Quality testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

H- 8 Samples, Tests, Cited Specifications

Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

H- 9 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.

H-10 Weed-Free Equipment In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area.

All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

H-11 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-12 Pre-work Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 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

52.202-1 Definitions (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006)

52.203-7 Anti-Kickback Procedures (OCT 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY

2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-8 Utilization of Small Business Concerns (JAN 2011)

52.219-14 Limitations on Subcontracting (NOV 2011)

52.222-3 Convict Labor (JUNE 2003)

52.222-4 Contract Work Hours and Safety Standards Act--Overtime Compensation (MAY 2014)

52.222-6 Davis-Bacon Act (MAY 2014)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (MAY 2014)

52.222-9 Apprentices and Trainees (JULY 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (MAY 2014)

52.222-12 Contract Termination - Debarment (MAY 2014)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

52.222-35 Equal Opportunity for Veterans (JUL 2014)

52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014)

52.222-37 Employment Reports Veterans (JUL 2014)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

52.222-50 Combating Trafficking in Persons (FEB 2009)

52.222-54 Employment Eligibility Verification (AUG 2013)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

(MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.224-1 Privacy Act Notification (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

52.227-4 Patent Indemnity--Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (JAN 2012)

52.228-12 Prospective Subcontractor Requests for Bonds (NOV 2014)

52.228-14 Irrevocable Letter of Credit (NOV 2014)

52.229-3 Federal, State, and Local Taxes (FEB 2013)

52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-17 Interest (MAY 2014)

52.232-18 Availability of Funds (APR 1984)

52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-1 Disputes (JULY 2002) Alternate I (DEC 1991)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JULY 1995)

52.243-4 Changes (JUNE 2007)

52.244-6 Subcontracts for Commercial Items (OCT 2014)

52.245-1 Government Property (APR 2012)

52.245-9 Use and Charges (APR 2012)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering--Construction (OCT 2010)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I

(SEPT 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) Alternate I (APR 1984)

52.251-1 Government Supply Sources (APR 2012)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4)…