99 Road VisitorFacility 5-18-2010 Solicitation.pdf

TABLE OF CONTENTS

RECOVERY- 99 – 26 ROAD VISITOR FACILITY MAINTENANCE

Mt. St. Helens Volcanic Monument/Gifford Pinchot National Forest, Cowlitz County, WA

PART I – CONTRACT SPECIFICATIONS

� SECTION A - SF-1442

� SECTION B – Supplies or Services and Prices/Costs (Schedule of Items) � SECTION C - Descriptions/Specifications/Statement of Work � SECTION D - Packaging, Marking and Layout � SECTION E - Inspection and Acceptance � SECTION F - Deliveries and Performance � SECTION G - Contract Administrative Data � SECTION H - Special Contract Requirements

PART II – CONTRACT CLAUSES

� SECTION I - Clauses incorporated by reference � AGAR/FSAR and SPECIAL CONTRACT CLAUSES � RECOVERY Required Clauses (full text)

PART III – LIST OF DOCUMENTS, EXIBITS AND OTHER ATTACHMENTS

� SECTION J – Attachments Attachment J-1: Project Drawings Attachment J-2: Project Specifications Attachment J-3: Davis Bacon Wage Determination Attachment J-4: Region 6 Fire Protection Requirements

PART IV – REPRESENTATIONS AND INSTRUCTIONS

� SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents � SECTION L – Instructions to Offeror / Notices

� SECTION M – Evaluation Factors for Award

AG-0489-S-10-0400

99 – 26 Road Visitor Facility Repairs

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0400

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

5/18/2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

379480

6. PROJECT NO.

7. ISSUED BY CODE 0489 8. ADDRESS OFFER TO

US FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY OR 97055

US FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY OR 97055

9. FOR INFORMATION

CALL:

A. NAME

AMY WONG / Greg Mustard

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

503-668-1436 / 503-668-1721

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:

TAS::12 1102::TAS RECOVERY – ROAD 99 – 26 VISITOR FACILITY MAINTENANCE

Gifford Pinchot National Forest/Mt. St. Helens Volcanic Monument

This project is funded under the provisions of the American Recovery and Reinvestment Act of 2009 (ARRA)

An awarded contract will have mandatory ARRA reporting requirements

This acquisition is a 100% Small Business Set-Aside.

The magnitude of construction for this acquisition is between $25,000 and $100,000.

Technical questions may be directed to Al Watson, he may be contacted at 360.449.7881

See Section L for detailed instructions on how to submit your quote.

11. The Contractor shall begin performance within 10_ calendar days and complete it within 60 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F.2.)

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

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

YES NO

12B. CALENDAR DAYS

n/a

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1500 (hour) local time ____6/21/2010______(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 is, 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.

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)

ROAD 99-26 VISITOR FACILITY MAINTENANCE

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

15. TELEPHONE NO. (Include area code)

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

AMENDMENT NO.

DATE

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

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 0489 27. PAYMENT WILL BE MADE BY

US FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY OR 97055

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __1__ 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.

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)

LELA STAWICKI

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

PART I—THE SCHEDULE

99 – 26 ROAD VISITOR FACILITY MAINTENANCE

Mount St Helens National Volcanic Monument

SECTION B--SUPPLIES OR SERVICES AND PRICES

SCHEDULE OF ITEMS

NOTE: Before preparing your quote, read instructions and review the attachments carefully.

Insert a Unit Price and Total for each item. The offeror must offer on all items.

Item No. Description Pay Unit Est. Qty. Unit Price Total

011900 Mobilization LS 1

09911 Exterior Painting LSQ 1

09912 Interior Painting LSQ 1

09931 Warming Hut Rehabilitation S.F. 550

08111 Steel Doors EA 9

02222 Donnybrook Parking Lot Repair

LS 1

03930 Windy Ridge Concrete Flooring

S.F. 270

05500 Windy Ridge Gate LS 1

FBO DESTINATION TOTAL

General Notes:

The government estimate for building areas are as follows:

Exterior painting area is 3,120 ft2. Interior area is 2,050 ft2.

NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under

151.01 Mobilization. Payment will be made on actual work performed unless otherwise noted.

Please complete the following:

Name of Contractor: E-mail Address

Print Name and Title of person authorized to sign offer:

____________________________________________________ Phone:________________________

Signature: ___________________________________________ Date: ________________________

TIN: __________________________ DUNS: ________________________

Check here affirming ORCA and CCR registrations have been completed.

SECTION C--DESCRIPTION/SPECIFICATIONS

C-1 DESCRIPTION OF WORK

This project involves repairs to forest visitor facilities at Forest Road 99 and 26 within, and adjacent to, the Mount St. Helens National Volcanic Monument. Work items would include but not limited to:

Removal of 9 steel doors and replace with new steel doors and frames, pressure wash interior and exterior of 6 restroom facilities, prepare interior and exterior for new paint including sign boards at 5 locations, repaint interior and exterior surfaces, pressure wash and reseal warming hut, repair concrete flooring at Windy Ridge Restroom, repair small sinkhole at Donnybrook and manufacture and install new steel gate at Windy Ridge.

C-2 TECHNICAL CONTACT

Technical questions may be directed to Alfred Watson, St. Helens Ranger District, at (360) 449-7881.

C-3 PROJECT LOCATION

From Vancouver, Washington, the work site is reached by traveling on State Hwy 503 North towards the town of Cougar, Washington. From Cougar, follow State Hwy 503 spur. This road will become Forest Service Road (FS) 90. Continue following FS 90 till it intersects Forest Service Road 25. Follow Forest Service Road 25 northerly until it intersects Forest Service Road 99.

C-4 CONTRACT TIME

Contract Time will be completed in 30 calendar days after the Notice to Proceed. The estimated start work date is on or about June 29, 2010.

C-5 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The contractor shall furnish all necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C-6 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.

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

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996)

E-2 FINAL ACCEPTANCE

Before final acceptance, (1) the newly installed items shall be tested for functionally and ease of use and (2) 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.

SECTION F--DELIVERIES OR PERFORMANCE

F-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

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 30 Days after NTP. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin on or about June 29, 2010.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by June 29, 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.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract.

Description Location Quantity When furnished

Aggregate Material Stockpile at Forest Service Road

2560 (see sheet 2)

For Donnybrook Repair

Rock

Ryan Lake Quarry on Forest Road 26 (see sheet 2)

Used as barriers for the Windy

Ridge Gate

G-2 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held after the date of contract award. The Contractor shall meet with the Contracting Officer and/or Contracting Officer’s Representative to discuss contract terms and work performance requirements, and date the Work Progress Schedule and Plans are due. Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at this conference. The time of such conference will be decided in a future date. The location of the conference will be Mt. St. Helens National Volcanic Monument (MSHNVM Office) 42218 N.E. Yale Bridge Rd, Amboy, Washington.

G-3 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon 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.

G-4 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Except as contained herein, or AS SHOWN ON THE DRAWINGS, the government makes no representations as to conditions at the work sites.

G-5 MEASUREMENT AND PAYMENT

Payment shall be made in accordance with the specifications and the Schedule of Items

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 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-2 CONTRACTOR'S REPRESENTATION AND RESPONSIBILITY

A. In making formal request for substitution the Contractor represents he/she:

1. Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

3. Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5. Cost data is complete and includes related costs under the contract, but not:

a. Costs under separate contracts.

b. Contracting Officer costs for redesign or revision of contract documents.

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H-3 COORDINATION WITH THE CO (CONTRACTING OFFICER)

Notify the CO and furnish a Schedule of Work and Submittals to the CO at least seven (7) calendar days before work is to begin. This Schedule of Work will include dates showing beginning and ending of work tasks. Contractor may close a portion of the parking area and paved walkways as part of construction activities. In the Schedule of Work, highlight periods when the trail and parking lot is to be closed. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum.

H-4 SUBMITTALS

1. Work requiring submittals shall not begin until submittals have been approved. Submittals shall include the following:

• Date and Revision Dates.

• Project Name and Contract Number.

• Names of Contractor, Subcontractor, Supplier, and Manufacturers.

• Field Dimensions and Relation to Adjacent Structures.

• Contractor's stamp, initialed or signed, certifying review of submittal, verification of field measurement and compliance with contract documents.

2. The following shall be submitted on this project. Hard copy, Adobe PDF, jpeg, or Microsoft Office files will be accepted.

SUBMITTALS

The following shall be submitted on this project:

Title Referenced By

Specification No.

Time of Government Approval after

Submittal Stain/Paint System(s) for building exteriors 09900 7 days

Stain/Paint System(s) for building interiors 09900 7 days

Concrete Repairs for building floors 09900 7 days

Doors and hardware 08110 7 days

SHOP DRAWINGS - None Required MATERIAL CERTIFICATIONS AND TESTING REPORTS - None Required

3. Approval or Rejection Time Allowance: Submittals will be reviewed and either approved or rejected within seven (7) calendar days of their receipt by the Contracting Officer. The Contractor shall re-submit a response to conform for approval within (2) calendar days or mutually agreed time.

H-5 LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters.

(1) 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 nor more than that of the stream into which it is discharged.

(2) Mechanized equipment shall not be operated in live streams without written approval by the

Contracting Officer.

(c) All petroleum products or other hazardous substances (as defined in 29 CFR 1910.120) shall not be released on or into land, rivers, streams, and impoundments, or into natural or manmade channels leading thereto. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer or their designated representative. The Contractor shall dispose of waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags in accordance with applicable State and

Federal regulations and such material shall be transported off government property in accordance with State and Federal regulations.

(1) 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 and implement a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. This plan shall include notification of appropriate state and local officials, the Contracting Officer, and other appropriate agencies.

(2) If the Contractor maintains storage facilities for oil or oil products on the Project Area, the

Contractor shall take appropriate preventive measures to ensure that any release of such oil or oil products does not enter on or into land, rivers, streams, and impoundments, or into natural or manmade channels leading thereto and shall conform to the federal, state, and local regulations.

(3) The Contractor shall immediately take action to notify the appropriate agencies (including the

Contracting Officer, or designated representative), contain, and clean up, without expense to the Government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the Contractor's employees, directly or indirectly, as a result of construction operations. In the event the Government determines that additional resources beyond those of the Contractor's are required, the Contractor may be held liable for all damages and costs of the additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products or other hazardous substance releases caused by Contractor's employees or resulting from construction operations.

(4) The Contractor shall notify the Contracting Officer, or designated representative, of any hazardous materials (as defined in 29 CFR 1910.120) to be used on the job and shall have Material Safety Data Sheets (MSDS) for those materials available on the job. All such materials shall be labelled in accordance with federal and state regulations.

H-6 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

A. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government.

All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

C. Government inspections and tests are for the sole benefit of the Government and do not--

1. Relieve the Contractor of responsibility for providing adequate quality control measures;

2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (I) below.

D. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

F. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

H-7 CONTRACTOR'S USE OF EXISTING ROADS

(a) 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.

(b) 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.

(c) The Contractor shall be responsible for and perform road maintenance commensurate with his use of

Forest Service roads in the construction area.

H-8 TRAFFIC CONTROL

(a) The Contractor shall use measures and precautions necessary to warn and protect the public and

Government personnel during work at the project site. 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 around the work site and roping off the area to prevent public access.

(b) 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 Administrations and applicable safety codes.

(c) 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-9 PERMITS AND RESPONSIBILITIES

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occurs as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

H-10 DISPOSAL OF EXCESS OR UNSUITABLE MATERIAL

Soil, rock, and asphalt will be hauled to area designated on drawings. Unsuitable or excess material generated in the performance of the work of this contract shall be removed and disposed of off-site and off National Forest Land. The Contractor shall follow all necessary county, state, and federal permits and requirements.

H-11 FINAL CLEANUP

Contractor shall remove and dispose all of its own trash and refuse from the contract area, parking areas, and equipment maintenance areas. Material to be collected and removed includes, but is not limited to camp refuse such as tin cans, aluminum foil, glass, paper, garbage, rubbish, used engine oil, oil filters, oil cans, grease cartridges, solid or liquid wastes from the Contractor's operations and disposed of in a sanitary and nuisance-free manner. This Cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed off National Forest Land and in accordance with State and Local disposal requirements.

H-12 STORAGE AND STOCKPILING OF MATERIALS

Material shall be stored to assure the preservation of quantity and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered land.

H-13 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 for 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 52.243-4.

NOTE: Fire Protection Requirements

The Contractor shall comply with and/or complete the attached forms:

(1) Fire Protection and Suppression Requirements, Form R6-FS-6300-52 (Rev. 5/97),

(2) Additional Fire Precautionary Measure 1 – Tank Truck (R6-FS-6300-53), and

(3) Additional Fire Precautionary Measure 2 – Communications (R6-FS-6300-54)

See Fire Plan Requirements referenced in Section J.

H-14 AGAR 452.228-70 ALTERNATIVE FORMS OF SECURITY (NOV 1996)

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

H-15 ALCOHOL AND CONTROLLED SUBSTANCES TESTING PROGRAMS

(a) Definitions.

"Alcohol and controlled substances testing programs" are employer-based programs required by the Federal Department of Transportation (DOT) to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by drivers of commercial motor vehicles. Under the DOT rule establishing these programs, pre-employment, reasonable suspicion, random, post-accident, return-to-duty and follow-up testing using specified procedures is required.

"Commercial motor vehicle" is any vehicle that: (1) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more that 10,000 pounds; or

(2) has a gross vehicle weight rating of 26,001 or more pounds; or (3) is designed to transport 16 or more passengers, including the driver; or (4) is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations.

"Consortium" means an entity, including a group or association of employers or contractors, that provides alcohol or controlled substances testing as required by DOT, and that acts on behalf of the employers.

"DOT" is the United States Department of Transportation who is responsible for administering regulations requiring alcohol and/or drug testing.

"Driver" means any person who operates a commercial motor vehicle. This includes, but is not limited to:

full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to an employer or who operate a commercial motor vehicle at the direction of or with the consent of an employer.

"Employer" means any person (including the United States, a State, District of Columbia or a political subdivision of a State) who owns or leases a commercial motor vehicle or assigns persons to operate such a vehicle. The term employer includes an employer's agents, officers and representatives.

(b) By submission of its offer, the offeror certifies and agrees that --

(1) As an employer, it has implemented and continues to maintain an alcohol and controlled substances testing program in accordance with DOT requirements.

(2) As an employer who uses, but does not employ, a driver more than once a year, it has assured itself once every six months that the driver participates in an alcohol and controlled substances testing program that meets DOT requirements.

(3) As an employer who employs only himself/herself as a driver, it has implemented an alcohol and controlled substances testing program that includes more persons than himself/herself (e.g., a consortium) as covered employees in the random testing pool.

The following only applies if you want to award on other than just low price. The COR needs to develop instructions for how they want the offeror to submit the information that you will evaluate on.

Listed below is an example.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I-1. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

52.204-7 Central Contractor Registration (APR 2008) 52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

(Applicable if contract exceeds $30,000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-27 Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) 52.222-3 Convict Labor (JUN 2003) 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) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (DEC 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 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) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 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) 52.236-3 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)

Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984)

Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate II (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.204-71 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

EMPLOYEES (OCT 2007)

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-2. FAR 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.

1. 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;…