S150036_Holland_Cr_RFQ_FBO.pdf

QUOTER’S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. RFQ AG-03R6-S-15-0036 HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO QUOTER

1. This is a complete copy. Information and instructions for submission of quotes as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by quoters.

2. Note: Alternative Payment Protection: (ie: Payment Bond OR Irrevocable Letter of Credit) will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)

3. Please review Paragraph L- 7 Standards of Conduct.

4. Please review Paragraph L- 9 for what to submit in your quote.

5. Please review Paragraph L- 10 Questions Regarding this Solicitation

FS-6300-45 (11/79)

Issuing Office:

U.S. Department of Agriculture

Forest Service

Western Montana Acquisition Zone

24 Fort Missoula Road

Missoula, Montana 59804

Quotes Are Solicited For:

PROJECT

Holland Creek Trail Bridge

Flathead National Forest

Swan Lake Ranger District

Missoula County, Montana

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 1

SECTION B - SUPPLIES OR SERVICES AND PRICES 2

B- 1 - Schedule of Items

SECTION C - DESCRIPTION/SPECIFICATIONS 3 - 7

C- 1 - Scope of Contract

C- 2 – Description and Project Location

C- 3 – Government-Furnished Property

C- 4 – Standard Specifications

C- 5 – Supplemental Specifications

C- 6 - Drawings

C- 7 – Biobase Product Utilization

SECTION E - INSPECTION AND ACCEPTANCE 8

E- 1 - Clauses Incorporated by Reference

SECTION F - DELIVERIES OR PERFORMANCE 9

F- 1 - Clauses Incorporated by Reference

F- 2 - Commencement, Prosecution, and Completion of Work, Alt I

F- 3 – Period of Performance

F- 4 – Maximum Work Week

SECTION G – CONTRACT ADMINISTRATION DATA 10

G- 1 – Invoice Procedures

SECTION H - SPECIAL CONTRACT REQUIREMENTS 11 - 17

H- 1 - Clauses Incorporated by Reference

H- 2 - Fire Control

H- 3 - Incidental Payment Items

H- 4 - Conformity with Drawings and Specifications

H- 5 - Local Material Sources

H- 6 - Samples, Tests, Cited Specifications

H- 7 - Barricades, Warning Signs, and Other Devices

H- 8 – Weed-Free Equipment

H- 9 – Landscape Preservation

H-10 – Prework Conference

H-11 – Camping Restrictions

H-12 - Invoice Processing Platform

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 18 - 37

I- 1 - Clauses Incorporated by Reference

I- 2 – Reporting Executive Compensation and First-Tier Subcontract Awards

I- 3 – System for Award Management Maintenance

I- 4 – Service Contract Reporting Requirements

I- 5 - Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants

I- 6 – Limitations on Subcontracting

I- 7 – Post-Award Small Business Program Rerepresentation

I- 8 – Minimum Wages Under Executive Order 13658

I- 9 – Affirmative Procurement of Biobased Products Under Service and Construction Contracts

I-10 – Buy American Act

I-11 – Notice of Buy American Requirement – Construction Materials

I-12 – Alternative Payment Protection

I-13 – Alternative Forms of Security

I-14 – Permits and Responsibilities

I-15 – Authorized Deviations in Clauses

I-16 – Order of Precedence – Construction

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 38

J- 1 - Wage Determination

J- 2 – Specifications

J- 3 – Drawings

J- 4 – Exhibits

J- 5 – Experience Questionnaire

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER 39 - 42

STATEMENTS OF QUOTERS AND RESPONDENTS

K- 1 - Annual Representations and Certifications

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO QUOTERS 43 - 44

AND RESPONDENTS

L- 1 – Type of Contract

L- 2 – Inquiries

L- 3 – Facsimile Proposals and E-Mail Proposals

L- 4 – Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

L- 5 – Site Visit

L- 6 – Authorized Deviations and Provisions

L- 7 – Standards of Conduct

L- 8 – Pre Quote Conference

L- 9 – What to submit in your quote

L-10 - Questions regarding this solicitation

SECTION M – EVALUATION FACTORS FOR AWARD – LOWEST PRICE TECHNICALLY

ACCEPTABLE

M- 1 – Basis for Contract Award

M- 2 – Rejection of Unsuccessful Quotes

M- 3 – Source Selection Decision

CONSTRUCTION RFQ thru FAC 2005-81 – 10 April 2015 AG-03R6-S-15-0036

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE 1 46

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST

NO.

4. CERT. FOR NAT.DEF. RATING

AG-03R6-S-15-0036 28 May 2015 740477

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

USDA – Forest Service Western Montana Acquisition Zone 24 Fort Missoula Road Missoula, MT 59804

See Contract Time

5b. FOR INFORMATION EMAIL (DO NOT CALL) 7. DELIVERY FOB DESTINATION

NAME EMAIL ADDRESS X OTHER (See Schedule)

9. DESTINATION

Gregory Treible gtreible @fs.fed.us a. NAME OF CONSIGNEE

8. TO: Sec. C - Location & Description

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5a. This request does not commit the Government to pay any costs incurred in the preparation of the

14:00 Hrs MDT, 9 June 2015 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)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f)

Holland Creek Trail Bridge Swan Lake Ranger District

PLEASE PLACE YOUR PRICE QUOTE IN SECTION B

- SCHEDULE OF ITEMS

SEE PARAGRAPH L- 9 FOR WHAT TO SUBMIT AS

PART OF YOUR QUOTE

a. 10 CALENDAR DAYS

b. 20 CALENDAR

DAYS

c. 30 CALENDAR DAYS d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT

(%) (%) NUMBER PERCENTA

GE

NOTE: Additional provisions and representations X are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

DUNS No._____________ TIN No._____________________

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95)

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

SECTION B - SUPPLIES OR SERVICES AND PRICES

HOLLAND CREEK TRAIL BRIDGE

Swan Lake Ranger District

B- 1 Schedule of Items – Holland Creek Trail Bridge

ITEM NO.

ITEM

DESCRIPTION

METHOD *

OF MEAS.

PAY

UNIT

EST.

QTY.

UNIT

PRICE AMOUNT

151(01) Mobilization LSQ 1 LS $___________ $_____________

157(01) Soil Erosion and Pollution

Control

LSQ 1 LS $___________ $_____________

203(01) Removal Of Structures

& Obstructions (Existing

Log Bridge & Abutments, Stumps, Rocks)

557(01) Treated Sturctural

Timbers & Lumber

(All Timber, Lumber & Hardware for

Sills, Stringers, Deck, Curb, Backing Planks &

Stairs)

601(01) Minor Concrete, Method C

Foundations (Sack

Concrete)

DQ 0.5 CY $___________ $_____________

922(01) Native Log Waterbar DQ 1 EA $___________ $_____________

933(01) Stairway – Native Log

Riser Stairway

DQ 11 EA $___________ $_____________

TOTAL QUOTE (ALL ITEMS) $______________

*See Clause C-3 – SPECIFICATIONS, Section 906 – Measurement and Payment.

Designated Method of Measurement: DQ - Designed Quantities

LSQ - Lump Sum Quantities

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C- 1 Scope of Contract

The intent of this project is to remove a structurally deficient trail bridge and replace it with a treated timber pedestrian bridge. Work includes but is not limited to the construction of 50 lineal feet of stepped trail to stabilize the creek bank at an existing stock ford. The contractor shall furnish all labor, material

(except those designated as Government furnished), equipment, tools, transportation, and supplies necessary to complete this project.

C- 2 Description and Project Location

(a) Description of Work. The project consists of:

1. Access to the site is via approximately 3.6 miles of the existing Holland-Gordon Trail #35.

Trail #35 is 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. Stock outfitters heavily utilize Trail #35. For this reason uphill travel with stock on trail #35 is restricted to between the hours of sunrise and

12:00pm daily. Downhill travel with stock is restricted to between the hours of 12:00pm and sunset daily. The trail will remain open to the safe use by the public and outfitters thoughout the duration of the project.

2. Removing an existing single native log foot bridge and foundations and dispose of any concrete, steel, and treated timber off National Forest land.

3. Installing a new packable treated timber trail bridge across Holland Creek with a span of 32 feet. Work includes but is not limited to: exposing competent bedrock, placement of concrete leveling pads on bedrock, construction of timber abutments and stairs, minor approach earthwork, and treated timber superstructure and curbs. The bridge elements are designed so that it can be packed into the site with pack stock.

4. Stabalize streambanks where an existing ford crosses the Holland Creek. Install a 11 step log riser steps and one log waterbar. The logs will be from trees onsite which will be designated by the CO.

5. The Montana Stream Protection Act (SPA) 124 Permit allows for in-stream work between July th and August 31 st

(b) Project Location and Description. The project is located on the Swan Lake Ranger District of the

Flathead National Forest. The project elevation is approximately 5,280 feet. The following is the most direct route to the project:

From Condon, MT, follow State Highway #83 approximately 7 miles south to County Road 44 (Holland

Lake Road) on the left. County Road #44 is at the 35.6 mile post on State Highway 83. Travel east on

County Road #44 (Holland Lake Road) 2.55 miles to the junction with County Road #44A (South Holland

Road) on the right. Travel east on County Road #44A approximately 0.53 miles to the juction with Forest

Road #10121 (Hopkins Road). Travel south on Forest Road 10121 approximately 0.08 miles to the junction with Forest Trail #35 (Holland-Gordon Trail) on the left. Continue on Forest Road #10121 an additional 0.01 miles to the junction with Forest Road #10121A Owl Packer Camp on the right, here parking is available in the Owl Packer Camp. From Owl Packer Camp travel approximately 3.70 miles on

Trail #35 to the project site. The project site is located within the Swan Front area closure but is outside of the wilderness boundary.

(c) Price Range. Disclosure of Magnitude for Construction Projects, per FAR 36.204, is between $25,000 and $100,000.

(d) Pre-quote Tour. None scheduled.

(e) Pre-quote Conference. None scheduled.

(f) Start Work. It is estimated that the Notice to Proceed for project work will be issued 15 June 2015

(reference paragraph F- 2).

(g) Period of Performance. Contract shall be completed by 20 September 2015 (reference paragraph F-

2).

(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. An area will be set aside in the Owl Packer Camp near the Trail #35 trailhead for use by the contractor to camp and stage material. A staging area is also identified on the plans at the project site that may be used for camping and material storage. 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. LC00-18 to eliminate grizzly bear/human contact (see Section J).

(j) Tools and Equipment. All tools and equipment shall be furnished by the Contractor.

C- 3 Government-Furnished Property

(a) Government-Furnished materials will be supplied by the Forest Service as listed in Section B- 1

Schedule of Items of this contract. Materials will be delivered to the material staging area indicated on the contract drawings. Materials will be placed at this location by the Forest Service prior to commencement of work.

(b) The Government has obtained permits to utilize existing rock and gravel in designated areas or sources. The Contractor shall utilize all suitable material in the designated source. 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 clause.

(c) Contractor-Furnished Sources--For material not available in the designated source(s), the Contractor shall be responsible for providing the necessary product with no adjustment in contract price. Quality testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting

Officer.

(d) Designated Sources—Sources of local materials as designated on the drawings. The Government assumes responibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

C- 4 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- 5 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- 6 Drawings

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

C- 7 Biobased Product Utilization

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of

2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.

8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in

Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening

Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and

Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

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

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

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred

Program, the Contractor is encouraged to use other commercially available biobased products.

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

Preparation of Technical and Business Proposals).

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

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

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

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

http://www.biopreferred.gov/

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

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

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

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

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

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 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

52.246-12 Inspection of Construction (AUG 1996) http://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 20 Sept 2015. 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 15 June 2015. 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.

F- 3 AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from the date of contract award through 20 September 2015.

F- 4 AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within 3 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is Monday through Saturday.

SECTION G – CONTRACTING ADMINISTRATIVE DATA

G- 1 – Invoice Procedures

The Invoice Processing Platform (IPP) is the official record for invoices and accompanying documents

(eg: payroll certification, final inspection report, contract release, etc.). In IPP, the contractor must upload accompanying documents (separately from each other) at the same time as the invoice is submitted. An invoice will be rejected if not all accompanying documents are uploaded. The Government will not accept accompanying documents via any other method.

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 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 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- 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:

Location Designation Quantity

Posted at both ends of trail segment where work is occurring during all construction and reconstruction operations.

“Construction Ahead” or similar wording

(18”x18”)

Posted at the Trail #35 trailhead and the Trail

#415 trailhead.

“Construction Ahead 3.6 miles” or similar wording (18”x18”)

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 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.

H-11 Camping Restrictions

During construction activities, the Contractor may camp in the project area with written approval from the

Contracting Officer. See C-1(i) for restrictions.

H-12 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 must register at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors 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

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 (MAY 2014)

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

52.203-7 Anti-Kickback Procedures (MAY 2014)

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)

52.209-1 Qualification Requirements (FEB 1995)

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)

52.222-3 Convict Labor (JUNE 2003)

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

52.222-6 Construction Wage Rate Requirements (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 Construction Wage Rate Requirements and Related Regulations (MAY

2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

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)

52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010)

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)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2014)

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JULY

1995)

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)

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (JAN 2012)

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 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)

52.232-19 Unenforceability of Unauthorized Obligations (JUN 2013)

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—System for Award Management (JUL 2013)

52.233-1 Disputes (MAY 2014) 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) Alternate I (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984)

52.236-17 Layout of Work (APR 1984)

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

52.242-13 Bankruptcy (JULY 1995)

52.243-4 Changes (JUNE 2007)

52.244-2 Subcontracts (OCT 2010)

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)

52.251-1 Government Supply Sources (APR 2012)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

I- 2 FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(JUL 2013)

(a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs.

“Months of award” means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

“Total compensation” means the cash and noncash dollar value earned by the executive during the

Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR

229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub.

L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub.

L. 110-252), requires the…