Sol 0280 17Mar10.pdf

PINE CREEK STRUCTURE DECOMMISSIONING

GIFFORD PINCHOT NATIONAL FOREST

REQUEST FOR PROPOSAL

SOLICITATION NUMBER AG-0489-S-10-0280

U.S. Department of Agriculture

EROC-NW CONTRACTING OFFICE

16400 CHAMPION WAY

SANDY, OR 97055

SOL NO AG-0489-S-10-0280

Gifford Pinchot National Forest

Pine Creek Structure Decommissioning

NOTICE TO OFFEROR:

This notice is a Total Small Business Set-Aside.

PROPOSAL BOOKLET:

Offeror is responsible to verify the proposal booklet is complete. Offeror is also responsible for submitting all required forms and documents with their offer.

Applicable FAR provisions and clauses in this RFQ are incorporated by reference or full text. FAR provisions and clauses incorporated by reference can be accessed on the Internet at www.arnet.gov/far/. Offerors are strongly encouraged to review provisions and clauses referenced in this document before submitting a quotation.

CENTRAL CONTRACTOR REGISTRATION:

You must register in the Central Contract Registration (CCR) prior to award of this contract. Failure to register prior to contract award will require award to be offered to the next successful registered offeror. See FAR Subpart 4.1103.

Register online at www.ccr.gov or call toll free: (888) 227-2423.

INSTRUCTIONS TO OFFERORS

GENERAL:

By submission of its offer in accordance with the instructions provided in this Section, the offeror unconditionally assents to the terms and conditions in this solicitation document and in any attachments hereto.

DISCREPANCIES:

If an offeror believes the requirements in this solicitation contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting officer (CO) in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial quotation, as received, without discussions.

SUBMISSION OF OFFERS:

Offerors shall submit the following information by 4:00 Pacific Time, Friday, April 16, 2010:

Priced proposals shall include the following items:

1. Section A – SF1449 fill out blocks: 17,26, and 30. In doing so, the offeror accedes to the contract terms and conditions as written in the RFP. These sections constitute the model contract.

2. Block Section B – Supplies or Services and Prices/Costs, for all items. Any corrections, erasures, whiteout or other changes to your prices must be initialed by the offeror. Contractor must submit an offer on all items to be considered responsive.

3. Section L - Past history relevant to this type of project.

4. Section K - Complete the necessary fill-ins and certifications in the Representations and Certifications. The offeror shall submit only those pages that require a fill-in in the remaining solicitation package.

5. Bid Bond is required. Reference FAR Provision 52.228-1 for bid bond amount.

The packaging used in submitting the proposal must clearly identify the solicitation number and the date and local time specified in the solicitation for receipt of proposal. Offerors using commercial carriers should ensure that this information is marked on the outermost wrapper. Proposals should be submitted to the following address:

EROC-NW, CONTRACTING OFFICE

ATTN: AG-0489-S-10-0164

16400 CHAMPION WAY

SANDY, OR 97055

http://www.arnet.gov/far/ http://www.ccr.gov/

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Section Item

Qnty Unit Price Amount

17100 Mobilization 1 JOB

024113.0 Decommission Septic Tanks 9 EA $ $

024113.2 Remove A.C. Power Lines 1 JOB $ $

024116(1) Remove Building, Unit 1095 1 JOB $ $

024116(2) Remove Building, Unit 1096 1 JOB $ $

024116(3) Remove Building, Unit 1097 1 JOB $ $

024116(4) Remove Building, Unit 1098 1 JOB $ $

024116(5) Remove Building, Unit 1099 1 JOB $ $

024116(6) Remove Building, Unit 1101 1 JOB $ $

024116(7) Remove Building, Unit 1102 1 JOB $ $

024116(8) Remove Building, Unit 1112 1 JOB $ $

024116(9) Remove Building, Unit 1113 1 JOB $ $

024116(11) Remove Building, Unit 2836 1 JOB $ $

TOTAL

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1. SCOPE OF CONTRACT

This contract requires the demolition and removal of ten housing or utility buildings on the Pine Creek Work Center compound. Additional work includes the removal of utility lines, connections, and distribution systems for water, sewer, gas (propane), electricity, telecom, and related work in compliance with its terms, specifications, and provisions.

This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals.

C-2 PROJECT LOCATION

The site is located on the Gifford Pinchot National Forest, Skamania County, Washington; in Section 26, T 7 N, R 6 E. The site is reached by traveling east from

Woodland, Washington approximately 48 miles on County road 503 and FS Highway 90.

C-3 SCHEDULE

60 days after Notice to Proceed

C-4 CONTRACT TYPE

The Government intends to award a negotiated firm fixed price contract.

C-5 AGAR 452.211-73 Attachments to Statement Of Work/Specifications (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-6 PERFORMANCE WORK STATEMENT

The work involves the demolition and removal of ten housing or utility buildings on the

Pine Creek Work Center compound. Additional work includes the removal of utility lines, connections, and distribution systems for water, sewer, gas (propane), electricity, and telecom.

Specific items of work include:

1. Decommissioning of nine septic tanks.

2. Remove the telecom and electric service lines leading to buildings.

3. Removing the residential electrical distribution lines and support poles in the lower compound. (The power line to the well is to remain)

4. Disconnect and cap underground utilities leading to the buildings.

5. Remove the propane gas tanks and pipe lines leading to the buildings.

6. Remove the designated buildings and all contents and exterior attachments.

7. Re-contour the affected areas to match the surrounding areas.

8. Remove all materials from government property and dispose of in accordance with local and state regulations.

In addition to the above work, the contractor will be required to submit to the C.O. for approval, the following:

1. Work Plan and Project Schedule

2. Health and Safety Plan

3. Equipment Cleaning Certification

4. Fire Plan

5. Recycling plan

The plan shall show how the contractor will salvage for recycling or re-use not less than

60% of the materials removed in the demolition of the buildings and utility lines.

Demolished concrete placed as fill in the septic vaults will be considered part of the 60% goal.

C-7 Statement of Work

SECTION 02411

BUILDING DEMOLITION

GENERAL

SUMMARY

A. This Section includes demolition and removal of the following:

1. Buildings and structures.

2. Site improvements [including site utilities].

B. Clearing and removal of above- and below-grade improvements not part of building demolition shall be AS SHOWN ON THE DRAWINGS.

DEFINITIONS

A. Remove: Detach items from existing construction and legally dispose of them off-site unless indicated to be removed and salvaged or recycled.

B. Remove and Salvage: Detach items from existing construction and deliver them to the

Contracting Officer (CO) [ready for reuse].

C. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or recycled.

MATERIALS OWNERSHIP

A. Historic items, relics, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and tablets, antiques, and other items of interest or value to the CO that may be encountered during building demolition remain the Government‘s property. Carefully remove and salvage each item or object in a manner to prevent damage and deliver promptly to the CO.

SUBMITTALS

A. Qualification Data: For the following:

1. Demolition firm.

B. Proposed Protection and Control Measures: Submit statement or drawing that indicates the measures proposed for use, proposed locations, and proposed time frame for their operation. Identify options if proposed measures are later determined to be inadequate. Include measures for the following:

1. Environmental protection.

2. Dust control.

3. Noise control.

C. Schedule of Building Demolition Activities: Indicate detailed sequence of demolition and removal work, with starting and ending dates for each activity, interruption of utility services, and locations of temporary protection and means of egress.

D. Predemolition: Show existing conditions of adjoining construction and site improvements, that might be misconstrued as damage caused by building demolition operations. Submit before Work begins.

E. Landfill Records: Indicate receipt and acceptance of hazardous wastes by a landfill facility licensed to accept hazardous wastes.

F. Statement of Refrigerant Recovery: Signed by refrigerant recovery technician responsible for recovering refrigerant, stating that all refrigerant that was present was recovered and that recovery was performed according to EPA regulations. Include name and address of technician and date refrigerant was recovered.

QUALITY ASSURANCE

A. Refrigerant Recovery Technician Qualifications: Certified by EPA-approved certification program.

B. Regulatory Requirements: Comply with governing EPA notification regulations before beginning demolition. Comply with hauling and disposal regulations of authorities having jurisdiction.

C. Standards: Comply with ANSI A10.6 and NFPA 241.

PROJECT CONDITIONS

A. Buildings to be demolished will be vacated and their use discontinued before start of

Work.

B. The Government may occupy other buildings immediately adjacent to demolition area.

Conduct building demolition so Government operations will not be disrupted.

1. Provide not less than 72 hours' notice to CO of activities that will affect

Government operations.

2. Maintain access to existing walkways, exits, and other adjacent occupied or used facilities.

a. Do not close or obstruct walkways, exits, or other occupied or used facilities without written permission from the C.O.

C. Government assumes no responsibility for buildings and structures to be demolished.

1. The Government as far as practical will maintain conditions existing at time of inspection for bidding purpose.

2. Before building demolition, the Government will remove the following items:

NONE

3. Hazardous Materials: Hazardous materials are present in buildings and structures to be demolished. A report on the presence of hazardous materials is on file for review and use. Examine report to become aware of locations where hazardous materials are present

a. Hazardous material remediation shall follow the approved Health and

Safety Plan.

b. Do not disturb hazardous materials or items suspected of containing hazardous materials except under procedures specified in the approved

Health and Safety Plan

c. The Government will provide material safety data sheets for materials that are known to be present in buildings and structures to be demolished because of building operations or processes performed there.

D. Storage or sale of removed items or materials on-site is not permitted.

COORDINATION

A. Arrange demolition schedule so as not to interfere with the Government‘s on-site operations.

PRODUCTS

Soil Materials

A. Satisfactory Soils: Suitable fill material may be obtained from sources AS SHOWN

ON THE DRAWINGS.

EXECUTION

EXAMINATION

A. Survey existing conditions and correlate with requirements indicated to determine extent of building demolition required.

B. Review Project Record Documents of existing construction provided by CO.

Government does not guarantee that existing conditions are same as those indicated in

Project Record Documents.

C. Inventory and record the condition of items to be removed and salvaged.

D. When unanticipated mechanical, electrical, or structural elements are encountered, investigate and measure the nature and extent of the element. Promptly submit a written report to CO.

E. Perform an engineering survey of condition of building to determine whether removing any element might result in structural deficiency or unplanned collapse of any portion of structure or adjacent structures during building demolition operations.

F. Verify that hazardous materials have been remediated before proceeding with building demolition operations.

PREPARATION

A. Refrigerant: Remove and store refrigerant according to 40 CFR 82 and regulations of authorities having jurisdiction. (Applicable for central Air-conditioning systems)

B. Existing Utilities: Locate, identify, disconnect, and seal or cap off indicated utilities serving buildings and structures to be demolished.

1. If utility services are required to be removed, relocated, or abandoned, before proceeding with building demolition provide temporary utilities that bypass buildings and structures to be demolished and that maintain continuity of service to other buildings and structures.

2. Cut off lines, pipe or conduit AS SHOWN ON THE DRAWINGS.

C. Temporary Shoring: Provide and maintain interior and exterior shoring, bracing, or structural support to preserve stability and prevent unexpected movement or collapse of construction being demolished.

D. Removed and Salvaged Items: Comply with the following:

1. All salvaged material becomes the property of the contractor.

PROTECTION

A. Existing Facilities: Protect adjacent walkways, loading docks, building entries, and other building facilities during demolition operations.

B. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during demolition. When permitted by CO, items may be removed to a suitable, protected storage location during demolition and reinstalled in their original locations after demolition operations are complete.

C. Existing Utilities: Maintain utility services indicated to remain and protect them against damage during demolition operations.

1.Do not interrupt existing utilities serving adjacent occupied or operating facilities unless authorized in writing by CO and authorities having jurisdiction.

2. Provide temporary services during interruptions to existing utilities, as acceptable to the Government and to authorities having jurisdiction. Provide at least 72 hours' notice to

CO if shutdown of service is required during changeover.

D. Temporary Protection: Erect temporary protection, such as walks, fences, railings, canopies, and covered passageways, where required by authorities having jurisdiction, and as indicated. Comply with requirements in Division 1 Section "Temporary

Facilities and Controls."

1. Protect existing site improvements, appurtenances, and landscaping to remain.

2. Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain.

3. Provide protection to ensure safe passage of people around building demolition area and to and from occupied portions of adjacent buildings and structures.

4. Protect walls, windows, roofs, and other adjacent exterior construction that are to remain and that are exposed to building demolition operations.

DEMOLITION, GENERAL

A. General: Demolish indicated existing buildings and site improvements completely.

Use methods required to complete the Work within limitations of governing regulations and as follows:

1. Do not use cutting torches until work area is cleared of flammable materials.

Maintain fire watch with portable fire-suppression devices during flame-cutting operations.

2. Maintain adequate ventilation when using cutting torches.

3. Locate building demolition equipment and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing.

B. Engineering Surveys: Perform surveys as the Work progresses to detect hazards that may result from building demolition activities.

C. Site Access and Temporary Controls: Conduct building demolition and debris-removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities.

1.Do not close or obstruct streets, walks, walkways, or other adjacent occupied or used facilities without permission from CO and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction.

2. Use water mist and other suitable methods to limit spread of dust and dirt. Comply with governing environmental-protection regulations. Do not use water when it may damage adjacent construction or create hazardous or objectionable conditions, such as ice, flooding, and pollution.

MECHANICAL DEMOLITION

A. Remove buildings intact when permitted by C.O.

B. Proceed with demolition of structural framing members systematically, from higher to lower level. Complete building demolition operations above each floor or tier before disturbing supporting members on next lower level.

C. Remove debris from elevated portions by chute, hoist, or other device that will convey debris to grade level in a controlled descent.

1.Remove structural framing members and lower to ground by method suitable to minimize ground impact or dust generation.

D. Carpet and pad: Remove in large pieces and roll tightly after removing demolition debris, trash, adhesive, and tack strips.

E. Building Components: Remove the following components, as whole units, intact and undamaged:

1. Metal gratings.

2. Doors.

3. Windows.

4. Door hardware.

5. Cabinets.

6. Mirrors.

7. Toilet accessories.

8. Plumbing fixtures.

9. Light fixtures.

F. Equipment: Disconnect equipment at nearest fitting connection to services, complete with service valves. Remove as whole units, complete with controls.

G. Below-Grade Construction: Demolish foundation walls and other below-grade construction that is within 10 feet (3 m) outside of footprint of existing building.

Abandon below-grade construction outside this area.

H. Existing Utilities: Abandon existing utilities and below-grade utility structures except

AS SHOWN ON TH DRAWINGS. Cut utilities flush with grade.

EXPLOSIVE DEMOLITION

A. Explosives: Use of explosives is not permitted.

SITE RESTORATION

A. Below-Grade Areas: Completely fill below-grade areas and voids resulting from building demolition operations with satisfactory soil materials according to backfill requirements in Division 2 Section "Earthwork."

B. Site Grading: Uniformly rough grade area of demolished construction to a smooth surface, free from irregular surface changes. Provide a smooth transition between adjacent existing grades and new grades.

REPAIRS

A. General: Promptly repair damage to adjacent construction caused by building demolition operations.

B. Where repairs to existing surfaces are required, patch to produce surfaces suitable for new materials.

C. Restore exposed finishes of patched areas and extend restoration into adjoining construction in a manner that eliminates evidence of patching and refinishing.

RECYCLING DEMOLISHED MATERIALS

A. General: Separate recyclable demolished materials from other demolished materials to the maximum extent possible. Separate recyclable materials by type.

1. Provide containers or other storage method approved by CO for controlling recyclable materials until they are removed from Project site.

2. Stockpile processed materials on-site without intermixing with other materials.

Cover to prevent windblown dust and protect from the weather.

3. Stockpile materials away from demolition area. Do not store within drip line of remaining trees.

4. Transport recyclable materials off Government‘s property and legally dispose of them.

B. Recycling Incentives: Revenues, savings, rebates, tax credits, and other incentives rceived for recycling building demolition materials shall accrue to the contractor.

DISPOSAL OF DEMOLISHED MATERIALS

A. General: Except for items or materials indicated to be reinstalled, or otherwise indicated to remain Government property, remove demolished materials from Project site and legally dispose of them in an EPA-approved landfill.

1.Do not allow demolished materials to accumulate on-site.

2.Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas.

B. Burning: Do not burn demolished materials.

C. Disposal: Transport demolished materials off Government property and legally disposes of them.

CLEANING

A Clean adjacent structures and improvements of dust, dirt, and debris caused by building demolition operations. Return adjacent areas to condition existing before building demolition operations began.

END OF SECTION 02221

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

52.246-12 Inspection of Construction (AUG 1996)

E-2 FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

E-3 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

a. The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the work provided under this contract.

b. Inspection and acceptance will be performed on the project unless otherwise agreed to.

SECTION F--DELIVERIES OR PERFORMANCE

F-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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

1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 days after 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 10 days after the date of contract award. The conference will be held at 16400 Champion Way, Sandy Oregon 97055.

G-2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The

COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the

Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G-3 APPROVAL OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 SAFETY

Prior to starting work, the contractor shall prepare and submit to the C.O. a Health and Safety

Plan in accordance with 52.236-13. The plan shall identify expected work hazards (including the demolition of identified hazardous materials) and the mitigation measures to be taken to address these hazards.

H-2 PAYMENT

All invoices shall be submitted to the Contracting Officer‘s Representative. Invoices shall comply with the standards in FAR 52.232-25, Prompt Payment

H-3 LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

c. Any pump used for diverting water from a fish-bearing waterbody shall be equipped with a fish guard to prevent passage of fish into the pump. The pump intake shall be screened with

3/32 inch or smaller mesh. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and shall remain in place whenever water is withdrawn from the waterbody through the pump intake. See specification 107.02 for additional reqirements.

H-4 AGAR 452.236-72 USE OF PREMISES (NOV 1996)

a. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the

Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a camp site or trailer parking area of any employee working on the project for the Contractor.

b. Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

H-5 AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORICAL SITES (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H-6 AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND

POLLUTION (NOV 1996)

A. Operations 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.).

B. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste 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.

C. Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H-7 AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

A. Contractor's Responsibility for Fire Fighting

1. The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF

EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES AND

IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

2. The Contractor may be held liable for all damages and for all costs incurred by the

Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the

Contractor's agents or employees.

B. Contractor's Responsibility for Notification in Case of Fire

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

C. Contractor's Responsibility for Responding to Emergencies

When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site or emergency work

(anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.234-5.

NOTE:* Fire Protection Requirements The Contractor shall comply with the Fire

Protection and Suppression Requirements.

H-8 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the

Government.

H-9 CERTIFICATION OF COMPLIANCE

Contractor shall certify compliance with specific fire precautionary measures included in the attached Fire Protection and Suppression Forms. The certification shall be made prior to commencement of work and shall be updated if at any time during performance the conditions change. The Government may conduct verification inspections to ensure Contractor's compliance.

H-10 MOTORIZED EQUIPMENT

Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads and outside of the designated work areas in the project area without approval of the Contracting Officer or as provided elsewhere herein.

H-11 FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999)

H-12 PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47.

The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

6. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute

(ANSI) standard Z89.1-1997.

7. The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

8. The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

H-13 CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

Camping in areas other than designated campgrounds will not be permitted except as otherwise authorized by the C.O.

H-14 CLEANING OF EQUIPMENT

Cleaning of Off-Road Equipment used by the contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the Forest Service prior to moving each piece of equipment onto the project. Upon request from the Forest Service, arrangement will be made for the Forest Service to inspect each piece of equipment prior to it being placed in to service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, plant parts and seeds. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The Contractor shall certify in writing, compliance with the above requirements. ―Off-Road

Equipment‖ includes all machinery other than log trucks, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis

H-15 TRAFFIC CONTROL, 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. Barricades and other obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. All operations shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD).

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.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.usda.gov/procurement/policy/agar.html

I-2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

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

52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003)

52.219-8 Utilization of Small Business Concerns (MAY 2004)

52.222-3 Convict Labor (June 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL

2005)

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (FEB 1988)

52.222-9 Apprentices and Trainees (JUL 2005)

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

52.222-11 Subcontracts (Labor Standards) (JUL 2005)

52.222-12 Contract Termination - Debarment (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-20 Walsh-Healy Public Contracts Act (DEC 1996)

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) http://www.usda.gov/procurement/policy/agar.html

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans (Sep 2006)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (DEC 2007)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

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

52.227-1 Authorization and Consent (DEC 2007)

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

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

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (FEB 1992)

52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995)

52.228-14 Irrevocable Letter of Credit (DEC 1999)

52.228-15 Performance and Payment Bonds – Construction (NOV 2006)

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002)

52.232-17 Interest (OCT 2008)

52.232-23 Assignment of Claims (JAN 1986)

52.232-27 Prompt Payment for Construction Contracts (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer—Central Contractor Registration (Oct.

2003)

52.233-1 Disputes (JUL 2002)

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)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

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

Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

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

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (AUG 1987)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.245-1 Property Records (JUN 2007)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering – Construction (SEP 2006)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--

Alternate I (SEP 1996)

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

52.253-1 Computer Generated Forms (JAN 1991)

I-3 AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4)

CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996)

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

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)

452.236-77 Emergency Response (NOV 1996)

I-4 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by

Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service

(IRS), and has marked the record ―Active‖. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ―DUNS‖ or ―DUNS+4‖ followed by the DUNS or DUNS+4 number that identifies the offeror‘s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and

Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and

Bradstreet office. The offeror should indicate that it is an offeror for a U.S.

Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

http://fedgov.dnb.com/webform

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the

Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government‘s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the

Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, ―doing business as‖ name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day‘s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph

(g)(1)(i) of this clause, or fails to perform the agreement at paragraph

(g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the

―Suspension of Payment‖ paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the CCR database. Information provided to the Contractor‘s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ―Suspension of payment‖ paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-

5757.

I-5 52.228-15 -- Performance and Payment Bonds – Construction (Nov 2006)

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

―Original contract price‖ means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $100,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance Bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

http://www.ccr.gov/

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the

Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury

Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier‘s check, irrevocable letter of credit, or, in accordance with

Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular

570 is published in the Federal Register or may be obtained from the:

U.S. Department of Treasury

Financial Management Service

Surety Bond Branch

3700 East West Highway, Room 6F01

Hyattsville, MD 20782

Or via the internet at http://www.fms.treas.gov/c570/ .

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such…