Black_Bear_RFP.docx

AG-0343-S-17-0026

OFFER OR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Issuing Office:

USDA – Forest Service Region 1, Acquisition Management Western Montana Acquisition Zone 24 Fort Missoula Road Missoula, Montana 59804

Offers Are Solicited For:

Black Bear Trail Bridge Repairs Spotted Bear Ranger District Bob Marshall Wilderness Flathead National Forest Flathead County, Montana

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.)

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 1 - 2

SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - *

SECTION C - DESCRIPTION/SPECIFICATIONS *

SECTION E - INSPECTION AND ACCEPTANCE *

E- 1 - Clauses Incorporated by Reference

SECTION F - DELIVERIES OR PERFORMANCE *

SECTION H - SPECIAL CONTRACT REQUIREMENTS *

H-10 - Invoice Processing Platform (IPP) H-11- Prework Conference

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES *

I-4 Bid Guarantee

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS *

PART IV - REPRESENTATIONS AND INSTRUCTIONS

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

L- 4 - Facsimile Proposals and E-Mail Proposals

for Construction

SECTION M - EVALUATION FACTORS FOR AWARD *

AG-0343-S-17-0026

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-0343-S-17-0026

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

4/26/2017

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

USDA - Forest Service Region 1, Acquisition Management Western Montana Acquisition Zone 24 Fort Missoula Road Missoula, MT 59804

USDA - Forest Service Region 1, Acquisition Management Western Montana Acquisition Zone 24 Fort Missoula Road Missoula, MT 59804

Ron Penrose*

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

(406) 329-3979

SOLICITATION

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

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

Black Bear Trail Bridge Repairs Spotted Bear Ranger District Bob Marshall Wilderness Flathead National Forest Flathead County, Montana

This project consists of the rehabilitation of a suspension trail bridge over the South Fork of the Flathead River within the Bob Marshall Wilderness on the Flathead National Forest.

The Government’s estimated price range is between $100,000 and $250,000.

11. The Contractor shall begin performance within 10 calendar days and complete it within 45 calendar days 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.)

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: ___________________

CAGE Code (see FAR Provision 52.204-16) ____________

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

CODE FACILITY CODE

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

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 Western Montana Acquisition Zone 24 Fort Missoula Road Missoula, MT 59804

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)

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

BY

31c. DATE

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

BLACK BEAR TRAIL BRIDGE REPAIRS

Trail 80D – Milepost 0.50 Spotted Bear Ranger District (Bob Marshall Wilderness) Flathead National Forest Flathead County, Montana

B- 1 Schedule of Items - Black Bear Trail Bridge Repairs

ITEM

NO.

OF

MEAS.

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

TOTAL OFFER (ALL ITEMS) $______________

*See Clause C-5 Standard Specifications and C-6 Supplemental Specifications, Section 109 for description of designated Method of Measurement:

AQ - Designed Quantity, CQ – Contract Quantity, LSQ - Lump Sum Quantity

B- 2 Payment for Bond Premiums

Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C- 1 Project Description and Location

(a) Description of Work. The project consists of repairs to the Black Bear Suspension Cable Pack Trail Bridge in the Bob Marshall Wilderness on the Spotted Bear Ranger District of the Flathead National Forest. Work includes, but is not limited to, temporarily supporting the bridge superstructure while removing and replacing all of the timber tower members. The removed bridge materials will be stacked at a designated location near the south bridge approach for future removal by the Forest Service. The work includes repair of the existing concrete tower pedestals, timber approach improvements, adjusting bridge camber using hanger cables, and adding corrosion protection to all steel cables. The precise details of performing the work are not stipulated except as considered essential for the completion of the work. Furnish all labor, material (but for government furnished), equipment, tools, transportation, temporary works and supplies necessary to complete the work according to the contract.

This project is located in grizzly bear habitat.

1. Project is located in a designated wilderness area and therefore NO WHEELED OR MOTORIZED EQUIPMENT shall be allowed. All work on the project will be performed using wilderness methods.

2. Bridge members are designed to be packable. The contractor is responsible for supplying and packing all required bridge materials, tools, equipment, temporary works (jacking system), camping supplies, stock supplies, and all other necessary items required to complete the project to the project site.

3. Access to the site is via approximately 13 miles of the existing forest trails 80A, 80, and 80D. Trails are closed yearlong to all wheeled motorized and wheeled non-motorized vehicles. Any damage to the trail as a result of the contractors operations will be repaired by the contractor at no expense to the Government. Forest Service packers and stock outfitters heavily utilize these trails. For this reason the contractor will be required to communicate movement of pack strings with the Spotted Bear Ranger District. Contractor will be required to carry commercial 2-way radios with each pack string and announce the string location over a designated radio channel while on the trail to help reduce congestion. The trail will remain open to the safe use by the Forest Service, public, and outfitters throughout the duration of the project.

4. All work on the bridge, including packing, is restricted to July 15, 2017 to September 30, 2017 and July 15, 2018 to August 31, 2018. No work will be allowed outside of these dates. The bridge must be fully operational and open for use outside of these dates.

5. In stream work is not expected and contractor will not be allowed to work in the river channel and will take care to avoid materials entering the river.

6. Contractor is responsible to design, fabricate, supply, and construct all temporary works (falsework, shoring, jacking systems, ect.) required to support the bridge during construction. For information only, the plans provide a general system and procedure to replace the timber tower members. The Contractor is responsible for final design and shop drawings of all temporary works which may differ from the system in the plans.

7. As shown in the plans the Forest Service has portions of a jacking system that the contractor may choose to use to remove the tower cap. Examine the drawings carefully as only parts of the system are available. Some items such as the jacks themselves are to be provided by the contractor. This system is only for removing the tower cap, not other tower members. Contractor is responsible to transport the system if it is to be used.

(b) Project Location. The Black Bear Bridge is located in the Bob Marshall Wilderness on the Spotted Bear Ranger District of the Flathead National Forest. The project location is Township 23 North, Range 14 West, Section 34. The project elevation is approximately 4,100 feet.

Access to the bridge site is as follows: From Hungry Horse, MT travel 0.75 east on State Highway 2. Turn right onto the East Side Reservoir Road. The East Side Reservoir Road becomes Forest Road 38 (East Side Reservoir Road). Continue 52 miles on Forest Road 38 then turn left onto Forest Road 895 (West Side South Fork Road). Continue 0.80 on road 895 then turn left onto Forest Road 2826 (Meadow Creek Road). Continue 12 miles on Forest Road 2826 to the Meadow Creek Trailhead. At this point you will be entering the Bob Marshall Wilderness Complex where there is NO MOTORIZED USE. By hiking or using pack animals, continue from the Meadow Creek Trailhead to the bridge site via 13 miles of Forest Trails 80A, 80, and 80D.

(c) Price Range. Government Cost Estimate, per FAR 36.204, is between $150,000 and $250,000.

(d) Prebid Tour. None scheduled. Interested parties may contact Chris Steen (406)758-3549 at the Flathead National Forest Supervisor’s Office, 650 Wolfpack Way, Kalispell, Montana, for additional information.

(e) Prebid Conference. None.

(f) Start Work. It is estimated that the Notice to Proceed for project work will be issued about July 15, 2017 (see Clause F-3). Partial notice to proceed for material procurement will be issued as soon as possible after the prework conference.

(g) Period of Performance. Contract shall be completed by August 31, 2018 (reference Clause F- 3).

Work on the bridge is restricted to July 15, 2017 to September 30, 2017 and July 15, 2018 to August 31, 2018. No work will be allowed outside of these dates. Bridge must be fully operational outside of these dates.

(h) Use of Livestock Riding and pack stock may be used to transport personnel, supplies, materials, and equipment to and from, and within the project area. Commonly accepted (“Leave No Trace”), low impact stock-handling techniques shall be used to minimize the impact from stock on National Forest Lands. Stock use is restricted as follows:

(1) Stock shall not be tied directly to trees except for brief (less than 1 hour) periods for loading and unloading. For longer periods, low impact high-line methods shall be used.

(2) The number of stock allowed shall not be more than the number needed to accomplish contract work, with a limit of six head, except during move-in and move-out or re-supply operations when additional stock may be kept over one night. Any excess animals shall be removed from National Forest Lands.

(3) No grazing will be allowed. Stock shall be contained with 100% feed provided by the contractor. All hay (cubes or bales) used on National Forest lands shall be certified as weed seed free. Containment areas (hitch lines, electric fence corrals, supplemental feeding areas, etc) shall be moved every 10 days or as otherwise directed by the Contracting Officer (CO). Containment areas shall not be within 200 feet of any permanent water source.

(i) Use of Premise and Camping. Camping will be allowed in close proximity to the project site in an area approved by the CO. Camping is restricted to the low impact (“Leave No Trace”) method in adherence with the wilderness ethic. Furthermore, all food and refuse shall be handled according to food storage requirements of Special Order No. LC_10_D1_01 to eliminate grizzly bear/human contact (see Section J).

A camping, material staging and stock containment area will be designated by the CO at the Meadow Creek Trailhead for staging of bridge materials and supplies to be transported to the project site. A camping, stock containment, and material staging area will also be designated by the CO on the south end of the Black Bear Bridge. Temporary stock containments are the responsibility of the contractor. A material staging area will be designated on the north side of the Black Bear Bridge for material staging only.

The Black Bear administrative site, including corrals, is not available for use by the contractor.

(j) Tools and Equipment. All tools and equipment shall be furnished by the Contractor. Project is located in a designated wilderness area and therefore no wheeled, motorized, or mechanized equipment shall be allowed. Use of mechanized tools is limited to battery operated tools such as a drill and reciprocating saw (sawzall). CO approval is required for all other tools required. Use of solar charging equipment is allowed for battery operated tools, no generators are allowed.

C- 2 Government-Furnished Property

See Forest Service Supplement Specification (FSSS) 105.02 for details of Government Furnished Property including material stockpile sites and tower cap jacking assembly.

In addition, as shown on the contract drawings certain pieces of the existing bridge will be salvaged by the contractor for reuse in the new structure. These pieces include the tower cross braces and tower leg timbers to be used as backing planks. These pieces are to be carefully removed from the existing structure so as to avoid damage. The pieces must be approved by the CO prior to being incorporated into the new structure.

C- 3 Standard Specifications “Standard Specifications for Construction of Roads & Bridges of 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 are available electronically on the U.S. Department of Transportation Federal Highways Administration website at: http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm .

C- 4 Supplemental Specifications

See Section J for the list of Forest Service Supplemental Specifications (FSSS) that are incorporated into this solicitation and any resultant contract.

C- 5 Drawings See Section J for the listing of Drawings that are incorporated into this solicitation and any resultant contract.

SECTION E - INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

SECTION F - DELIVERIES OR PERFORMANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F- 2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

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 August 31, 2017. The time stated for completion shall include final cleanup of the premises.

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 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. 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 upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least ¾-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, and additional 250 feet of 3/4 –inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

(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- 3 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- 4 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- 5 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-6 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-7 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.

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

H-8 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-9 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-10 Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission 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 will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

H-11 Prework 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 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

(APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

I-2 FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

I-3 FAR 52.225-9 Buy American--Construction Materials (MAY 2014)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Component" means any article, material, or supply incorporated directly into construction materials.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.