SOLICITATION.doc

SERVICE RFQ

SOL NO: AG-03J1-S-10-0002

UNIT: Kootenai NF, Fortine Ranger District

PROJ NAME: South Dickey Road Sediment Reduction (RAC)

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

USDA, Forest Service – Idaho/Montana Acquisition Team;

3815 Schreiber Way; Coeur d’Alene, ID 83815 See Schedule

FOB DESTINATION

8. TO:

APRIL 16, 2010

4:30 PM PDT

submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

Fortine Ranger District

This project is

*** HUB-Zone Set-Aside ***

DUNS #

Faxed quotes will NOT be accepted.

TIN #

NAICS Code: 237310

Highway, Street and

Bridge Construction

Size Stnd.: $33.5 Million

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SOUTH DICKEY ROAD SEDIMENT REDUCTION (RAC)

Kootenai National Forest

Fortine Ranger District

Lincoln County, Montana

B-1 - SCHEDULE OF ITEMS. The offeror must submit an offer on all subitems.

ITEM

NO.

UNIT

PRICE

TOTAL

PRICE

TOTAL – ALL ITEMS

*Designated Method of Measurement: LSQ – Lump Sum Quantity; CQ – Contract Quantity; AQ – Actual Quantity B-2 - NOTE: 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 bond payments under 15101 - Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

B-3 - INCIDENTAL PAYMENT ITEMS

The intent of this contract is to provide for the complete services of the project described in this 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 the 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 the items shown.

9. Employees and equipment that will be available for this project:

a. (1) Minimum number of employees:__________ and a (2) Maximum number of employees:__________

b. Are employees regularly on your payroll? _____ Yes _____ No

c. Specify equipment available for this contract:_______________________________________________

d. Estimate rate of progress below (such as 2.0 acres/man/day):

(1) Minimum progress rate: __________ and (2) Maximum progress rate: __________

10. List below the experience of the principal individuals of your business:

11. Remarks—Specify Box Numbers (Attach sheets if extra space is needed to fully answer any above questions):

NOTE: PLEASE PROVIDE ANY ADDITIONAL INFORMATION THAT WILL HELP EVALUATE YOUR ABILITY TO SUCCESSFULLY COMPLETE THIS PROJECT.

CERTIFICATION

I certify that all of the statements made by me are complete and correct to the best of my knowledge and that any persons named as references are authorized to furnish the Forest Service with any information needed to verify my capability to perform this project.

12a.Certifying Official’s Name and Title

REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor

VETS-100 Reporting

4200 Forbes Blvd., Suite 202

Lanham, MD 20703

Telephone: (301) 306-6752

Website: www.vets100.cudenver.edu

Reporting Questions: HelpDesk@vets100.com

Reporting Verification: Verify@vets100.com

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JANUARY 2005)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s):

ALL

--NAICS Code

237310

--Size Standard

$33.5 million

The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 237310 – Highway, Street and Bridge Construction.

(2) The small business size standard is _$33.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

-X-(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

-X---(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

--X--(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

--X--(B) Alternate I.

------(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

-X--(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

-X--(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

--X--(ix) 52.227-6, Royalty Information.

--X- (A) Basic.

------ (B) Alternate I.

-X--(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov . After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

FAR 52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2008)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/ .

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect the Contractor’s current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code ______________ assigned to contract number ______________.[Contractor to sign and date and insert authorized signer's name and title].

FAR 52.223-1 Biobased Product Certification (DEC 2007) As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 2902, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 - PROJECT DESCRIPTION AND LOCATION

(a) Description of Work. Recondition and pave 1.0 miles of the South Dickey Road #3788. Work includes blading, rolling, and applying Hot Asphalt Concrete to road along lake and in recreation area.

(b) Project Location. From Eureka, Montana, head south on Highway 93 past Murphy Lake Ranger Station to approximately MP 160. Turn right on the South Dickey Lake road. Project begins at MP 1.07.

(c) Pre-Bid Conference and Tour. A pre-bid conference or tour will not be conducted. Prospective bidders are encouraged to visit the project site prior to submitting a bid.

(d) Start Work. It is estimated that the Notice to Proceed will be issued about April 26, 2010.

(e) Period of Performance. The Contractor shall complete the entire project ready for use not later than June 30, 2010. Work shall be completed within 15 days from effective date of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(f) Price Range. Between $25,000 and $100,000.

C-2 - STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-72) (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications.

C-3 - ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-73)

(FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C-4 - TRAFFIC CONTROL AND CONSTRUCTION SIGNING

No work that endangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the Contractor and approved by the COR. Construction signing for traffic control shall conform to the Manual of Uniform Traffic Control Devices (MUTCD). All traffic control signs will be placed in areas adequate for a truck pulling a fifth wheel trailer to be turned around. Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items. The contractor will be required to submit a traffic plan and receive approval from the COR, in writing, prior to the beginning of construction.

C-5 - STAGING AND STORAGE AREAS

Areas for staging operations and storage of materials shall be approved by the CO. The Contractor must request in writing for approval from the CO to staging/housing material and equipment on site. Fueling areas will be situated at least 150 feet from the normal high water mark.

Contractor shall have petroleum absorbent pads on site at all times during the construction period. Approved oil absorbent pads shall be placed under all equipment and vehicles being serviced or fueled.

If a stationary fuel tank is used by the contractor, it shall be situated within a containment berm with impermeable liner and meet the requirements of all Federal, State, County, and Local regulations for storage of petroleum products.

C-6 – STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON

FEDERAL HIGHWAY PROJECTS FP-03 U.S. Customary Units (U.S. DEPARTMENT OF TRANSPORTATION, Federal Highway Administration) (2003) Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03) are included by reference only. The requirements in these Standard Specifications are hereby made a part of this solicitation and any resultant contract.

Copies of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03) are available in PDF format on the Western Federal Lands Highway Division website at www.wfl.fha.dot.gov/design/specs/fp03.htm.

C-7 – SUPPLEMENTAL PROJECT SPECIFICATIONS

The Supplemental Project Specifications listed on the Specification List are applicable to this contract and are physically included in this section (C).

NOTE THAT THE 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 PROPOSAL AND ANY RESULTANT CONTRACT.

Preface

Preface

Preface_wo_03_15_2004_m Delete all but the first paragraph and add the following:

The Forest Service, US Department of Agriculture has adopted FP-03 for construction of National Forest System Roads.

101 - Terms, Format, and Definitions

101.00_nat_us_07_25_2005

101.01_nat_us_0_22_2009

101.01 Meaning of Terms.

Delete all references to the TAR (Transportation Acquisition Regulations) in the specifications.

101.03_nat_us_06_16_2006

101.03 Abbreviations.

Add the following to (a) Acronyms:

AFPA

MSHA

NIST

NESC

WCLIB

American Forest and Paper Association Mine Safety and Health Administration National Institute of Standards and Technology National Electrical Safety Code West Coast Lumber Inspection Bureau

Add the following to (b) SI Symbols:

101.04_nat_us_03_29_2007

101.04 Definitions.

Delete the following definitions and substitute the following:

Bid Schedule--The Schedule of Items.

Bridge--No definition.

Contractor--The individual or legal entity contracting with the Government for performance of prescribed work. In a timber sale contract, the contractor is the “purchaser”.

Culvert--No definition.

Right-of-Way--A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Add the following:

Add the following:

Adjustment in Contract Price--“Equitable adjustment,” as used in the Federal Acquisition Regulations, or “construction cost adjustment,” as used in the Timber Sale Contract, as applicable.

Change--“Change” means “change order” as used in the Federal Acquisition Regulations, or “design change” as used in the Timber Sale Contract.

Design Quantity--"Design Quantity” is a Forest Service method of measurement from the FS-96 Forest Service Specifications for the Construction of Roads and Bridges. Under these FP specifications this term is replaced by the term “Contract Quantities”.

Forest Service--The United States of America, acting through the Forest Service, U.S. Department of Agriculture.

Neat Line--A line defining the proposed or specified limits of an excavation or structure.

Pioneer Road--Temporary construction access built along the route of the project.

Purchaser--The individual, partnership, joint venture, or corporation contracting with the Government under the terms of a Timber Sale Contract and acting independently or through agents, employees, or subcontractors.

Protected Streamcourse--A drainage shown on the plans or timber sale area map that requires designated mitigation measures.

Road Order--An order affecting and controlling traffic on roads under Forest Service jurisdiction. Road Orders are issued by a designated Forest Officer under the authorities of 36 CFR, part 260.

Schedule of Items--A schedule in the contract that contains a listing and description of construction items, quantities, units of measure, unit price, and amount.

Utilization Standards--The minimum size and percent soundness of trees described in the specifications to determine merchantable timber.

Add Figure 101-1—Illustration of road structure terms:

Figure 101-1—Illustration of road structure terms.

102 - Bid, Award, and Execution of Contract

102.00_nat_us_02_16_2005

102 Bid, Award, and Execution of Contract

Delete Section 102 in its entirety.

103 - Scope of Work

Deletions Delete all but subsection 103.01 Intent of Contract.

104 - Control of Work

104.00_nat_us_06_16_2006

Deletions

Delete Sections 104.01, 104.02, and 104.04.

104.06_nat_us_02_17_2005

Add the following subsection:

104.06 Use of Roads by Contractor

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in the Road Order(s) or described in the contract, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

105 - Control of Material

105.02_nat_us_01_18_2007

105.02 Material Sources.

105.02(a) Government-provided sources.

Add the following:

Comply with the requirements of 30 CFR 56, subparts B and H. Use all suitable material for aggregate regardless of size unless otherwise designated. When required, re-establish vegetation in disturbed areas according to section 625.

105.05_nat_us_05_12_2004

105.05 Use of Material Found in the Work.

Delete 105.05 (a) and (b) and the last sentence of the second paragraph and substitute the following:

Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to make reimbursement for the cost of producing these materials.

106 - Acceptance of Work

106.07_nat_us_05_11_2004

106.07 Delete

Delete subsection 106.07.

107 - Legal Relations and Responsibility to the Public

107.05_nat_us_05_11_2004

107.05 Responsibility for Damage Claims.

Delete the entire subsection.

107.06_nat_us_06_16_2006

107.06 Contractor’s Responsibility for Work.

Delete the following from the first paragraph:

“except as provided in Subsection 106.07”.

107.09_nat_us_05_11_2004

107.09 Legal Relationship of the Parties.

Delete the entire subsection.

107.10_nat_us_06_16_2006

107.10 Environmental Protection.

Add the following:

Design and locate equipment repair shops, stationary refueling sites, or other facilities to minimize the potential and impacts of hazardous material spills on Government land.

Before beginning any work, submit a Hazardous Spill Plan. List actions to be taken in the event of a spill. Incorporate preventive measures to be taken, such as the location of mobile refueling facilities, storage and handling of hazardous materials, and similar information. Immediately notify the CO of all hazardous material spills. Provide a written narrative report form no later than 24 hours after the initial report and include the following:

· Description of the item spilled (including identity, quantity, manifest number, and other identifying information).

· Whether amount spilled is EPA or state reportable, and if so whether it was reported, and to whom.

· Exact time and location of spill including a description of the area involved.

· Containment procedures.

· Summary of any communications contractor had with news media, Federal, state and local regulatory agencies and officials, or Forest Service officials.

· Description of clean-up procedures employed or to be employed at the site including final disposition and disposal location of spill residue.

When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. Clean up spills or leaks to the satisfaction of the CO and in a manner that complies with Federal, state, and local laws and regulations.

108 - Prosecution and Progress

108.00_nat_us_02_16_2005

108 Delete.

Delete Section 108 in its entirety.

109 - Measurement and Payment

109.00_nat_us_02_17_2005

109 Deletions

Delete the following entire subsections:

109.06 Pricing of Adjustments.

109.07 Eliminated Work.

109.08 Progress Payments.

109.09 Final Payment.

109.02_nat_us_06_16_2006

109.02 Measurement Terms and Definitions.

(b) Contract quantity.

Add the following:

Contract quantities will be adjusted only when there are errors in the original design of 15% or more.

Change the following:

“(b) Cubic yard” to “(c) Cubic yard”.

Add the following definition:

(p) Thousand Board Feet (Mbf). 1,000 board feet based on nominal widths, thickness, and extreme usable length of each piece of lumber or timber actually incorporated in the job. For glued laminated timber, 1,000 board feet based on actual width, thickness, and length of each piece actually incorporated in the job.

109.02_0114_us_06_09_2008

109.02 Measurement Terms and Definitions.

Add the following definition:

(q) Actual quantity. (AQ) These quantities are determined from measurements of completed work.

151 - Mobilization

151.00_01_us_10_11_2006

Delete Section 151 in its entirety and replace with the following:

Description

151.01 This work consists of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site; obtaining of permits, insurance, and bonds. This work also includes washing and treating construction equipment and vehicles necessary for equipment transport to remove seeds, plants, and plant fragments before the equipment is used on Forest Service lands, according to the requirements within.

Construction Requirements

Wash the sides, tops, and undercarriages of all construction equipment. Remove all seeds, plants, plant fragments, dirt, and debris from the construction equipment. Only equipment inspected by the Forest Service will be allowed to operate within the project area. All subsequent move-ins of equipment to the project area will be treated in the same manner as the initial move-in. This requirement does not apply to cars, pickup trucks, and other vehicles that regularly travel between the construction site and areas off the National Forest.

Equipment will be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment, components or the need for specialized inspection tools is not required.

Notify the CO in writing at least 72 hours before moving any construction equipment onto the national forest. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service. Inspection will be required after every cleaning.

Use methods of cleaning and locations for cleaning approved by the CO.

For work at a commercial washing facility, use an approved facility.

New infestations of noxious weeds of concern to Forest Service and identified by either Contractor or Forest Service, in the Project Area or on the haul route, will be promptly reported to the other party. Contractor and Forest Service will agree on treatment methods to reduce or stop the spread of noxious weeds when new infestations are found. A current list of noxious weeds of concern to Forest Service is available at each Forest Service office.

Measurement

151.02 Clean equipment prior to moving onto this project. The initial cleaning will not be included in the measurement for payment. Payment for cleaning will only be made if subsequent cleanings are ordered by the CO. Measurement shall be on an “each” basis, meaning one complete cleaning of all equipment required for this contract. Subsequent cleanings necessitated by the Contractor’s actions but not directed by the CO will not be included in the measurement for payment.

Measure mobilization according to Subsection 109.02.

Payment

151.03 The accepted quantity, measured as provided in Subsection 109.02, will be paid at the contract price per unit of measurement for the Section 151 pay item shown in the bid schedule. Payment will be full compensation for the work prescribed in this Section. See Subsection 109.05.

Progress payments for mobilization lump sum will be paid as follows:

(a) If applicable, bond premiums will be reimbursed according to FAR Clause 52.232-5 Payments Under Fixed-Price Construction Contracts, after receipt of the evidence of payment.

(b) When 5 percent of the original contract amount is earned from other bid items, 50 percent of the mobilization item, or 5 percent of the original contract amount, whichever is less, will be paid.

(c) When 10 percent of the original contract amount is earned from other bid items, 100 percent of the mobilization item, or 10 percent of the original contract amount, whichever is less, will be paid.

(d) Any portion of the mobilization item in excess of 10 percent of the original contract amount will be paid after final acceptance.

Include all costs associated with the initial cleaning of equipment in the unit bid price for Mobilization. Cleaning for subsequent move-ins will not be paid for unless after a suspension ordered by the CO.

155 – Schedules for Construction Contracts

Delete Section 155 in its entirety.

303 - Road Reconditioning

303.00_01_us_10_11_2006

Delete Section 303 in its entirety and replace with the following:

Description

303.01 This work consists of reconditioning ditches, shoulders, roadbeds, parking areas, turnouts, approach road intersections, cattleguards, asphalt surfaces and aggregate surfaces. Construct outslopes, clean and maintain all roadbed drainage structures when shown on the plans.

Material

303.02 Conform to the following Subsection:

Water

725.01

Construction Requirements

303.03 Ditch Reconditioning. Remove all slide material, sediment, vegetation, and other debris from the existing ditches and culvert inlets and outlets. Reshape ditches and culvert inlets and outlets to achieve positive drainage and a uniform ditch width, depth, and grade. Dispose of waste as shown on the plans.

303.04 Shoulder Reconditioning. Repair soft and unstable areas according to Subsection 204.07. Remove all slide material, vegetation, and other debris from existing shoulders including shoulders or parking areas, turnouts, and other widened areas. Dispose of waste as shown on the plans.

303.05 Roadbed Reconditioning. Repair soft and unstable areas according to Subsection 204.07. Remove all organic, deleterious material larger than 6 inches from the top 6 inches of subgrade. Dispose of waste as shown on the plans. Scarify, rip, and shape the traveled way and shoulders at locations and to the depth and width designated on the plans. Remove surface irregularities and shape to provide a uniform surface.

Dispose of rock larger than 4 inches brought to the surface during scarification in areas designated on the plans.

For portions of roads not requiring scarification, the roadbed may contain rocks larger than 4 inches provided they do not extend above the finished roadbed surface. Reduce in place or remove rock extending above the finished roadbed surface. Dispose of removed rock in areas designated on the plans.

Compact using the following method as specified:

(a) Compaction A. Operate equipment over the full width.

(b) Compaction B. Operate rollers over the full width of each layer until visual displacement ceases, but not fewer than three complete passes. Use rollers that meet the following requirements:

(1) Steel wheeled rollers, other than vibratory, capable of exerting a force of not less than 250 pounds per inch of width of the compression roll or rolls.

(2) Vibratory steel wheeled rollers equipped with amplitude and frequency controls with a minimum weight of 6 tons, specifically designed to compact the material on which it is used.

(3) Pneumatic-tired rollers with smooth tread tires of equal size that will provide a uniform compacting pressure for the full width of the roller and capable of exerting a ground pressure of at least 80 psi.

303.06 Aggregate Surface Reconditioning. Repair soft and unstable areas to the full depth of the aggregate surface and according to Subsection 204.07. Scarify to the depth of the aggregate surface or to a depth of 8 inches, whichever is less, and remove surface irregularities. Reshape, finish, and compact the entire aggregate surface according to Section 308.

303.07 Roadway Reconditioning. Perform all the applicable work described in Subsections 303.03 through 303.06.

Maintain the existing cross slope or crown unless otherwise shown on the plans. Establish a blading pattern that will retain the surfacing on the roadbed and provide a thorough mixing of the materials within the completed surface width.

Blade and shape the subgrade for both surfaced and unsurfaced roads when moisture content is suitable for compaction.

303.08 Pulverizing. Scarify the surface to the designated depth and width. Pulverize all material to a size one and one half times the maximum sized aggregate or to 1 ½ inches, whichever is greater. Mix, spread, compact, and finish the material according to Section 301.

303.09 Acceptance. See Table 303-1 for sampling and testing requirements. Road reconditioning work will be evaluated under Subsections 106.02 and 106.04.

Measurement

303.10 Measure the Section 303 items listed in the Schedule of Items according to Subsection 109.02 and the following as applicable.

Measure ditch reconditioning and shoulder reconditioning by the mile, by the station or foot horizontally along the centerline of the roadway for each side of the roadway.

Measure roadbed reconditioning, aggregate surface reconditioning, roadway reconditioning, and pulverizing by the mile, by the station, or by the square yard.

Payment

303.11 The accepted quantities will be paid at the contract price per unit of measurement for the Section 303 pay items listed in the bid schedule. Payment will be full compensation for the work prescribed in this Section. See Subsection 109.05.

303.03_0114_us_08_04_2005

303.03 Ditch Reconditioning

Delete the last sentence and add the following:

Dispose of waste as shown on the plans.

303.04 Shoulder Reconditioning

Delete the last sentence and add the following:

Dispose of waste as shown on the plans.

303.05 Roadbed Reconditioning

Delete and add the following:

Repair soft and unstable areas according to Subsection 204.07. Remove all organic, deleterious material larger than 6 inches from the top 6 inches of subgrade. Dispose of waste as shown on the plans. Scarify and shape the traveled way and shoulders at locations and to the depth and width designated on the plans. Remove surface irregularities and shape to provide a uniform surface.

Dispose of rock larger than 4 inches brought to the surface during scarification in areas designated on the plans.

For portions of roads not requiring scarification, the roadbed may contain rocks larger than 4 inches provided they do not extend above the finished roadbed surface. Reduce in place or remove rock extending above the finished roadbed surface. Dispose of removed rock in areas designated on the plans.

Compact using the following method as specified:

(a) Compaction A. Operate equipment over the full width.

(b) Compaction B. Operate rollers over the full width of each layer until visual displacement ceases, but not fewer than three complete passes. Use rollers that meet the following requirements:

(1) Steel wheeled rollers, other than vibratory, capable of exerting a force of not less than 250 pounds per inch of width of the compression roll or rolls.

(2) Vibratory steel wheeled rollers equipped with amplitude and frequency controls with a minimum weight of 6 tons, specifically designed to compact the material on which it is used.

(3) Pneumatic-tired rollers with smooth tread tires of equal size that will provide a uniform compacting pressure for the full width of the roller and capable of exerting a ground pressure of at least 80 psi.

303.07 Roadway Reconditioning

Add the following:

Blade and shape the subgrade for both surfaced and unsurfaced roads when moisture content is suitable for compaction.

303.09 Acceptance

Delete the first sentence.

303.10 Measurement

Delete the first sentence of the third paragraph and replace with:

Measure roadbed reconditioning, aggregate surface reconditioning, roadway reconditioning, and pulverizing by the mile, by the station, or by the square yard.

403 - Hot Asphalt Concrete Pavement

403.16_nat_us_03_02_2005

Add the following to 403.03(e): After review of the submitted mix design the CO may increase the asphalt content to be used for construction, up to .3% over that recommended by the Laboratory mix design.

403.16 Pavement Smoothness.

Delete the heading and replace with the following:

Pavement Smoothness and Surface Tolerance

Add the following:

The maximum variation from the compacted width is 3 inches and the average width of 4 or measurements for any ½ mile of road segment is the specified width.

The maximum variation from the compacted specified thickness is ¼ inch and the average thickness of 4 measurements for any ½ mile of road segment is the specified thickness

718 - Traffic Signing and Marking Material

718.05_nat_us_02_25_2008

718.05 Aluminum Panels

Delete the third paragraph and replace with the following:

Clean, degrease and properly prepare the panels according to methods recommended by the sheeting manufacturer. Conversion coatings will conform to ASTM B-921 or ASTM B-449.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.246-12

Inspection of Construction (AUG 1996)

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) 52.242-15 Stop Work Order (AUG 1989)

F-2 - COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10)

(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 15 calendar days after effective date of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

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 within 15 days after the date of contract award. The conference will be held at Forest Service office to be determined.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 - PHYSICAL DATA

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 drawings and in the specifications are the result of site investigations by visual observations.

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 his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

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

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

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

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

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound…