1.SOLICITATIONAG-0489-S-10-0345.doc

Solicitation No. AG-0489-S-10-0345

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0345

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

04/12/2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

361902

6. PROJECT NO.

Elkhorn Drive, Anthony Lake Road 73 Re-const.

7. ISSUED BY

CODE

Blue Mountain Acquisition Management Area

Wallowa-Whitman National Forest

P.O. Box 907

1550 Dewey Avenue

Baker City, OR 97814 Blue Mountain Acquisition Management Area

Wallowa-Whitman National Forest

P.O. Box 907

1550 Dewey Avenue

Baker City, OR 97814

9. FOR INFORMATION

CALL:

A. NAME

Randy Strohm, COR Jane Stuessy, Contract Specialist B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 541-523-1212 541-523-1240

SOLICITATION

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

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

Elkhorn Drive, Anthony Lake Road 73 Reconstruction project The Government's estimate is between $1,000,000 and $5,000,000.

Invoices shall be sent to:

US Forest Service, EROC Northwest 16400 Champion Way

Sandy, OR 97055

Fax: 503-668-1621 eroc-nw_contracting@fs.fed.us

11. The Contractor shall begin performance within 10 calendar days and complete it within calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See 52.211-10, page 11 )

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

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

FORMCHECKBOX

YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 2 copies to perform the work required are due at the place specified in Item 8 by 4:30 (hour) local time 05/12/2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B.

An offer guarantee

FORMCHECKBOX

is, FORMCHECKBOX is not required.

C.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D.

Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

OMB APPROVAL NO. 2700-0042

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA

FAR (48 CFR) 53.236-1(e) OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

DUNS Number:________________________________

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

CODE

FACILITY CODE

17.

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

1. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

Block 10.

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

FORMCHECKBOX

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

FORMCHECKBOX

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

26. ADMINISTERED BY

CODE

Blue Mountain Acquisition Management Area P.O. Box 907

Baker City, OR 97814

CSC-FS, USDA, OCFO, COD, APB

P.O. Box 66527

St. Louis, MO 63166

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 2 copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

FORMCHECKBOX

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

Table Of Contents

7Section B. Supplies or Services and Prices/Costs Schedule of Items

11Section C. Description/specifications/Statement of Work

11C-1. Description of Work

11C-2. Project Location

11C-3. 452.211-72 Statement of Work/Specifications (FEB 1988)

11C-4. 452.211-73 Attachments to Statements of Work/Specifications (FEB 1988)

11C-5. 52.252-2 Clauses Incorporated by Reference (FEB 1998)

11Section D. Packaging and Marking

11Section E. Inspection and Acceptance

11E-1. Final Cleanup

11E-2. 52.246-12 Inspection of Construction (APR 1996)

11E-3. 52.252-2 Clauses Incorporated by Reference (FEB 1998)

11Section F. Deliveries or Performance

11F-1. 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) - Alternate I (APR 1984)

12F-2. 52.242-14 Suspension of Work (Apr 1984)

12F-3. 52.252-2 Clauses Incorporated by Reference (FEB 1998)

12Section G. Contract Administration Data

12G-1. Contractor Performance System Registration

12Section H. Special Contract Requirements

12H-1. 52.236-4 Physical Data (APR 1984)

13H-2. FAR 52.236-14 Availability and Use of Utility Services (APR 1984)

13H-3. Product Substitution

13H-4. Submittals

13H-5. Landscape Preservation

14H-6. Contractor’s Use of Existing Roads

14H-7. Road Maintenance Requirements

14H-8. Road Use and Maintenance

15H-9. Traffic Control

16H-10. 52.252-2 Clauses Incorporated by Reference (FEB 1998)

16H-11. Order of Precedence--Construction

16H-12. Safety

17Section I. Contract Clauses

17I-1. 52.202-1 Definitions (JUL 2004)

17I-2. 52.203-3 Gratuities (APR 1984)

17I-3. 52.203-5 Covenant Against Contingent Fees (APR 1984)

17I-4. 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

17I-5. 52.203-7 Anti-Kickback Procedures (JUL 1995)

17I-6. 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

17I-7. 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

17I-8. 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (MAR 2009)

17I-9. 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

17I-10. 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)

17I-11. 52.204-7 Central Contractor Registration (APR 2008)

17I-12. 52.204-11 American Recovery and Reinvestment Act -- Reporting Requirements (MAR 2009)

19I-13. 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)

19I-14. 52.211-18 Variation in Estimated Quantity (APR 1984)

19I-15. 52.215-2 Audit and Records - Negotiation (MAR 2009)

19I-16. 52.217-7 Option for Increased Quantity—Separately Priced Line Item (Mar 1989)

19I-17. 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005)

20I-18. 52.219-8 Utilization of Small Business Concerns (MAY 2004)

20I-19. 52.219-9 Small Business Subcontracting Plan (APR 2008)

20I-20. 52.222-3 Convict Labor (JUN 2003)

20I-21. 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (JUL 2005)

20I-22. 52.222-6 Davis-Bacon Act (JUL 2005)

20I-23. 52.222-7 Withholding of Funds (FEB 1988)

20I-24. 52.222-8 Payrolls and Basic Records (FEB 1988)

20I-25. 52.222-9 Apprentices and Trainees (JUL 2005)

20I-26. 52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

20I-27. 52.222-11 Subcontracts (Labor Standards) (JUL 2005)

20I-28. 52.222-12 Contract Termination - Debarment (FEB 1988)

21I-29. 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (Feb 1988)

21I-30. 52.222-14 Disputes Concerning Labor Standards (FEB 1988)

21I-31. 52.222-15 Certification of Eligibility (FEB 1988)

21I-32. 52.222-21 Prohibition of Segregated Facilities (FEB 1999)

21I-33. 52.222-26 Equal Opportunity (Mar 2007)

21I-34. 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

21I-35. 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)

21I-36. 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

21I-37. 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)

21I-38. 52.222-54 Employment Eligibility Verification (Jan 2009)

21I-39. 52.223-6 Drug-Free Workplace (MAY 2001)

21I-40. 52.223-14 Toxic Chemical Release Reporting (AUG 2003)

21I-41. 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

21I-42. 52.225-9 Buy American Act—Construction Materials (Feb 2009)

21I-43. 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

21I-44. 52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials (Mar 2009)

23I-45. 52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials (Mar 2009)

23I-46. 52.227-1 Authorization and Consent (DEC 2007)

23I-47. 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

23I-48. 52.227-4 Patent Indemnity--Construction Contracts (DEC 2007)

24I-49. 52.228-1 Bid Guarantee (SEP 1996)

24I-50. 52.228-2 Additional Bond Security (OCT 1997)

24I-51. 52.228-11 Pledges of Assets (SEP 2009)

24I-52. 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995)

24I-53. 52.228-14 Irrevocable Letter of Credit (DEC 1999)

24I-54. 52.228-15 Performance and Payment Bonds - Construction (NOV 2006)

24I-55. 52.229-3 Federal, State, and Local Taxes (APR 2003)

24I-56. 52.232-5 Payments under Fixed-Price Construction Contracts (SEP 2002)

24I-57. 52.232-17 Interest (OCT 2008)

24I-58. 52.232-23 Assignment of Claims (JAN 1986)

24I-59. 52.232-27 Prompt Payment for Construction Contracts (OCT 2008)

24I-60. 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003)

24I-61. 52.233-1 Disputes (JUL 2002)

24I-62. 52.233-3 Protest after Award (AUG 1996)

24I-63. 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

24I-64. 52.236-1 Performance of Work by the Contractor (APR 1984)

24I-65. 52.236-2 Differing Site Conditions (APR 1984)

24I-66. 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

24I-67. 52.236-5 Material and Workmanship (APR 1984)

24I-68. 52.236-6 Superintendence by the Contractor (APR 1984)

25I-69. 52.236-7 Permits and Responsibilities (NOV 1991)

25I-70. 52.236-8 Other Contracts (APR 1984)

25I-71. 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

25I-72. 52.236-10 Operations and Storage Areas (APR 1984)

25I-73. 52.236-11 Use and Possession Prior to Completion (APR 1984)

25I-74. 52.236-12 Cleaning Up (APR 1984)

25I-75. 52.236-13 Accident Prevention (NOV 1991)

25I-76. 52.236-15 Schedules for Construction Contracts (APR 1984)

25I-77. 52.236-17 Layout of Work (APR 1984)

25I-78. 52.236-21 Specifications and Drawings for Construction (FEB 1997)

25I-79. 52.236-26 Preconstruction Conference (FEB 1995)

25I-80. 52.242-13 Bankruptcy (JUL 1995)

25I-81. 52.243-4 Changes (JUN 2007)

26I-82. 52.244-6 Subcontracts for Commercial Items (AUG 2009)

27I-83. 52.246-21 Warranty of Construction (MAR 1994)

27I-84. 52.248-3 Value Engineering - Construction (SEP 2006)

27I-85. 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) - Alternate I (SEP 1996)

27I-86. 52.249-10 Default (Fixed-Price Construction) (APR 1984)

27I-87. 52.252-2 Clauses Incorporated by Reference (FEB 1998)

27I-88. 52.253-1 Computer Generated Forms (Jan 1991)

27I-89. 452.228-70 Alternative Forms of Security (NOV 1996)

27I-90. 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts (NOV 1996)

27I-91. 452.236-72 Use of Premises (NOV 1996)

27I-92. 452.236-73 Archaeological or Historic Sites (FEB 1988)

27I-93. 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

27I-94. 452.236-76 Samples and Certificates (FEB 1988)

27I-95. 452.236-77 Emergency Response (NOV 1996)

27Section J. List of Documents, Exhibits, and Other Attachments

27J-1. Attachments

28Section K. Representations, Certifications, and Other Statements of Offerors or Respondents

28K-1. 52.204-8 Annual Representations and Certifications (FEB 2009)

31K-2. 52.209-5 Certification Regarding Responsibility Matters (Dec 2008)

31K-3. 52.219-28 Post-Award Small Business Program Rerepresentation (APR 2009)

32K-4. 52.236-28 Preparation of Proposals - Construction (OCT 1997)

33K-5. 452.219-70 Size Standard and NAICS Code Information (SEP 2001)

33K-6. Government Employees, Former USDA Employees, and USDA Retirees

33Section L. Instructions, Conditions, and Notices to Offerors or Respondents

33L-1. FAR 52.211-3 Availablilty of Specifications Not listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (JUN 1988)

34L-2. Technical Proposal Instructions, General

34L-3. 52.215-1 Instructions to Offerors - Competitive Acquisition (JAN 2004) - Alternate I (OCT 1997)

37L-4. 52.216-1 Type of Contract (APR 1984)

37L-5. 52.222-5 Davis-Bacon Act--Secondary Site of the Work. (JUL 2005)

38L-6. 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

39L-7. 52.225-10 Notice of Buy American Act Requirement - Construction Materials (FEB 2009)

39L-8. 52.233-2 Service of Protest (SEP 2006)

40L-9. 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

40L-10. 452.204-70 Inquiries (FEB 1988)

40L-11. 452.237-71 Pre-Bid/Pre-Proposal Conference (FEB 1988)

40Section M. Evaluation Factors for Award

40M-1. Evaluation Factors

41M-2. Basis for Award

42M-3. 52.217-5 Evaluation of Options (July 1990)

42M-4. 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

Section B. Supplies or Services and Prices/Costs Schedule of Items

AG-0489-S-10-0345

Revised Schedule of Items 4/2/10

SCHEDULE OF ITEMS

Elkhorn Drive Re-Const. 73

Base Items

LS

Mi

Mi

Mi

LF

LS

Mi

LS

EA

EA

CY

EA

EA

LS

SY

SY

SY

SY

MI

SY

MI

Ton

CY

Ton

LS

Ton

LF

AC

EA

Yellow with Black, Sheeting Overlay Film

EA

EA

LF

LF

LS

EA

LS

TOTAL BASE ITEMS

Optional Schedule of Items

Elkhorn Drive Re-const. 73

Optional Items

(Sta. 465+85-477+05 Sub-excavation Road 73)

(Sta. 465+85-477+05 Road 73)

(Areas vary along Road 73) 21,000

LF

(Areas vary along Road 73)

CY

(Outlet Apron, locations vary along Road 73)

SY

(Sta. 465+85-477+05 Road 73, and Anthony Lakes Ski Run & Grande Ronde Snow Park Parking lots)

(Sta. 465+85-477+05 Road 73, Anthony Lakes Ski Run & Grande Ronde Snow Park Parking lots and Sta. 480+00-485+00 Lt &Rt 30’ Shoulder Parking) 2,800

Ton

(Areas vary on cut slope Road 73)

AC

Yellow with Black, Sheeting Overlay Film

( Locations vary along Road 73)

EA

TOTAL OPTIONAL ITEMS

Section C. Description/specifications/Statement of Work

C-1. Description of Work The Anthony Lakes Highway reconstruction project is approximately 9.5 miles long. The project requires, but is not limited to construction staking, clearing and grubbing, excavation, slope scaling, drainage, geo-textile, riprap, base aggregate, asphalt, hydro seeding, signs, pavement marking, temporary traffic control and pit development. In addition, there are buried utilities in the road.

The project is divided into four (4) segments. Segment “A” (6.13 mi.) requires crack sealing, and a chip seal over the existing asphalt surface. Segment “B” (2.55 mi.) requires pulverizing the existing asphalt, adding base aggregate and repaving with new hot mix asphalt. Segment “C” (0.21 mi.) requires sub-excavating the road and replacing the road structure with geo-textile material, base and surface aggregate, and repaving with hot mix asphalt. Segment “D” (0.60 mi.) also requires crack sealing and a chip seal. In addition, the project also involves Optional Bid Items of a similar nature.

C-2. Project Location Starting from Baker City, OR, travel Northwest on State Hwy. 30 approx. 9 miles to Haines, OR. Hence travel West on County Road 1124 approx. 15 miles to the beginning of the Anthony Lakes Highway reconstruction project at the Forest Boundary.

C-3. 452.211-72 Statement of Work/Specifications (FEB 1988)

C-4. 452.211-73 Attachments to Statements 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-5. 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): https://www.acquisition.gov/far/index.html Section D. Packaging and Marking

This section is not used.

Section E. Inspection and Acceptance

E-1. 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-2. 52.246-12 Inspection of Construction (APR 1996)

E-3. 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): https://www.acquisition.gov/far/index.html (End of clause)

Section F. Deliveries or Performance

F-1. 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 ten 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 September 30, 2011 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 June 15, 2010. 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. (End of clause)

F-2. 52.242-14 Suspension of Work (Apr 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed—

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. (End of clause)

F-3. 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): https://www.acquisition.gov/far/index.html (End of clause)

Section G. Contract Administration Data

G-1. Contractor Performance System Registration

Prior to final payment of the contract, Contractor shall register in the Contractor Performance System. Information on registering in the system can be found at: http://cps.od.nih.gov/cps_contractor_registration.htm Section H. Special Contract Requirements

H-1. 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by Randy Strohm, project engineer, USFS. Survey includes traverse and cross-sections of road 73, visual classification of native material, and Dutch Cr. mineral source.

(b) Weather conditions include anticipated snow conditions from November through May.

(c) Transportation facilities include County Road 1124 to the project. Check with County on use and limitations.

(d) Anticipate load limitations on two Forest Service bridges on Road 7312 and be prepared to allow three weeks for use permits. (End of clause)

H-2. FAR 52.236-14 Availability and Use of Utility Services (APR 1984)

H-3. Product Substitution Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

H-4. Submittals The following shall be submitted on this project:

Material Certifications and Testing Reports The following material certifications and/or testing reports shall be submitted on this project:

H-5. 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.

Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Preveition Control and Countermeasurers (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

H-6. Contractor’s Use of Existing Roads The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area.

H-7. Road Maintenance Requirements In order to fulfill the obligation to protect existing facilities, material source, and disposal site access roads from seasonal weather damage, to safeguard soil and water quality, and to repair damage commensurate with his use, the Contractor shall perform road maintenance work on these roads in accordance with the following:

1.

While performing ordinary road maintenance work, the Contractor shall avoid permanent fouling of gravel or bituminous surfaces through covering them with earth or debris from side ditches, slides, or other sources. The Contractor shall avoid blading surface material off the surface of roads.

2.

While performing all phases of construction, the Contractor shall minimize damage to ditches, slopes and road surfaces. Where damage does occur, the Contractor shall restore the road to its prior condition within a reasonable period of time.

3.

The Contractor shall remove all excess materials and debris from asphalt roadways and trails immediately after backfilling has been completed. This may require brooming and hosing down with water.

4.

On completion and acceptance of work requirements, including acceptance of road maintenance by the Forest Service, Contractor road maintenance responsibility shall terminate.

H-8. Road Use and Maintenance Use of Roads:

(a) The Contractor is authorized to use roads that are a part of the construction project and those Forest Service roads designated below for performance of work under this contract.

Add water bars when use is complete Yes

(b) If the Contractor requests use of a National Forest road or segment not designated for his use, the Forest Service may authorize such use if not in conflict with the current Road Rules document. Authorization to use such additional roads may include maintenance requirements and use limitations.

(c) The roads authorized for use will be subject to the following provisions.

1.

The Road Rules in the current Wallowa-Whitman National Forest Road Rules Document are applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of the contract.

2.

State laws governing traffic rules and equipment requirements on State and County highways.

3.

Federal regulations contained in 36 CFR 261.12. These regulations prohibit use of vehicles or equipment in excess of State legal highway loads or posted limits without valid State and Forest Service overload permits, damaging a road while using it, and blocking a road open to use by others, except as may be otherwise provided in the contract.

Load Limits - All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, over-width permits. Forest Service overload permits for this project may be obtained from the District Ranger.

4.

Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions and closures any time conditions warrant. Such closures will be in addition to those shown in the current Road Rules Document and will be posted on the road.

H-9. Traffic Control

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, flagman 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.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings. Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H-10. 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): https://www.acquisition.gov/far/index.html (End of clause)

H-11. Order of Precedence--Construction

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications); i.e. Sections A, B, D, E, F, G, and H

(2) Representations and Other Instructions; i.e. Sections K, L, and M

(3) Contract Clauses; i.e. Section I

(4) Other Documents, Exhibits, and Attachments; i.e. Section J

(5) Special Project Specifications

(6) Standard Specifications; i.e. Section C (including FAR clauses)

(7) (a) Drawings, figured dimensions over scaled dimensions.

(b) Drawings, large scale contract drawings over small scale contract drawings.

(c) Schedules on contract drawings over any conflicting notations on contract drawings.

(8) Shop Drawings

H-12. Safety The Contractor shall provide a written, job-specific safety plan for information and discussion at the post award meeting. The Safety Plan shall include, but shall not be limited to the following:

1.

Weather

A. Hot or cold temperatures

B. Wind, rain and blowing dust

2.

Traffic

A. Narrow roads - watch for overwidth/overweight equipment

B. Recreational, administrative & logging traffic

C. Single Lane road with turnouts - limited visibility

3.

Foot Travel

A. Tripping on down trees, limbs and rocks

B. Falling limbs and rolling debris

C. Surface conditions - slick soil, snow and ice

4.

Contractor’s Equipment Operation

A. Backing - watch, listen and be aware

B. Trucks on the road - know where they are

C. Excavation equipment – visability of personnel to the operator

5.

Confined Space Entry

A. Trench excavation

B. Restrictions/hazards

C. Air quality/ventilation

6.

Personnel

A. Dress for working conditions - be aware of hypothermia & heat stroke or exhaustion

B. Carry enough liquids to prevent dehydration

C. Communications – sign out, check with dispatch

D. Wear safety equipment - clothing, eye & ear protection & hardhat (PPE)

Section I. Contract Clauses

I-1. 52.202-1 Definitions (JUL 2004)

I-2. 52.203-3 Gratuities (APR 1984)

I-3. 52.203-5 Covenant Against Contingent Fees (APR 1984)

I-4. 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

I-5. 52.203-7 Anti-Kickback Procedures (JUL 1995)

I-6. 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

I-7. 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) I-8. 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (MAR 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause)

I-9. 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

I-10. 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)

I-11. 52.204-7 Central Contractor Registration (APR 2008)

I-12. 52.204-11 American Recovery and Reinvestment Act -- Reporting Requirements (MAR 2009)

(a) Definitions. As used in this clause—

“Contract”, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of 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 Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. 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. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(End of clause)

I-13. 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)

I-14. 52.211-18 Variation in Estimated Quantity (APR 1984)

I-15. 52.215-2 Audit and Records - Negotiation (MAR 2009)

I-16. 52.217-7 Option for Increased Quantity—Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor no later December 01, 2010. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of clause)

I-17. 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005)

(a) Definition. "HUBZone small business concern," as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except -

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent…