Solicitation Ottawa Interpretive Traill.docx

Solicitation AG-4419-S-10-0532 – RECOVERY – Mine Closure Upper Peninsula Michigan Phase 2 Construct Interpretive Trail

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

Mine Closure Upper Peninsula Michigan Phase 2:

Construct interpretive trail at Norwich Mine Trails 60014, 60093, & 60093-A; Norwich Mine Historic Site Interpretive Trail

OTTAWA NATIONAL FOREST

B-1 – SCHEDULE OF BID ITEMS

Trail Restoration to occur on 6495 LF, consisting of Sections A through E. Actual work to begins at Section A at the parking area at the end of FR642, and continues until the end of Section E at the junction of Sections A and B. Trail rehabilitation will occur in section F only, and consists of closing both ends of this section and installing drainage structure through the entire section. Construction consists of two sets of stairs, three separate puncheons, a corduroy trail section, and a series of water bars throughout the restoration section.

Trail Restoration Sections A - E

TOTAL

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 PROJECT DESCRIPTION AND LOCATION

(a) Description of Work. The project will restore approximately 1.2 miles of the Norwich Mine Historic Interpretative Trail number 60093. Work consists of trail restoration, which includes clearing, and grubbing, re-establishing the clearing limits, removal of existing wood structures; reconstruction of stair and steps, installation of drain dips, waterbars and puncheons. Project begins at the parking area located at the end of Forest Road 642 approximately 1.5 miles from the Victoria Road located on the Bergland Ranger District.

(b) Project Location. This project is located on the Bergland Ranger District, administered by the Ontonagon Ranger District, Ottawa National Forest, Michigan. From Ontonagon, Michigan, travel west on State Highway 64 across the Ontonagon River bridge approximately 2 miles to Norwich Road. Turn south on Norwich Road and travel south approximately vv miles to the Victoria Road. Turn east on Victoria Road for approximately 1.3 miles to the intersection of Victoria Road and FR642. From the gate on FR642, it is 1.5 miles to the beginning of the project.

(c) Pre-Bid Tour. None

(d) Pre-Bid Conference. None

(e) Start Work. It is estimated that work may begin approximately August 31, 2010 or in accordance with the Contractor’s approved work schedule. All items of work will be completed no later than October 15, 2010.

Solicitation AG-4419-S-10-0532 – RECOVERY – Mine Closure Upper Peninsula Michigan Phase 2 Construct Interpretive Trail

Period of Performance. (See Section F).

1) Government-Furnished Property. none

C.2 USE OF MOTORIZED VEHICLES AND EQUIPMENT AND STOCK

Forest Road 642 and Trail 60093 are closed to motor vehicles for travel. The use of a motorized machine will be permitted to complete the work on this contract, upon approval of the contracting officer.

Contractor shall meet State regulations for weed seed free hay and equipment on all lands on the Ottawa National Forest.

C.3 CAMPING

Camping will be allowed at several designated sites located adjacent to the work area upon approval from the COR. All waste materials will be removed from Forest Service land by the contractor and disposed of in compliance with laws and regulations of the State of Michigan. Refer to Exhibit 7 for further camping requirements.

C.4 STAKING

500’ stations will be set by the COR/Inspector prior to beginning work. Drainage structures: Stakes will be set by the COR/Inspector after completion of trail clearing and tread work.

C.5 FINAL INSPECTION

Final inspections shall be requested at least 7 calendar days in advance of anticipated date of work completion. The final inspection will not be performed until all work is completed. The COR may reschedule the final if, in the COR’s opinion, work will not be completed by the projected date.

C.6 PROJECT CLEAN UP

The trail vicinity shall be maintained clean of litter during the project. The Contractor shall remove from Forest Service land and properly dispose of all waste including, but not limited to, old waterbars, wrappers and empty containers.

After the Final Inspection all markers placed by the Government for the purposes of this Contract including pin flags, flagging and stakes shall be removed by the Contractor except markers identifying deficient items, if any, found during the Final Inspection. Such markers shall be removed only when authorized by the COR.

C.7 SPECIAL NOTES

RECONSTRUCTION

1) Finished trailbed width shall not exceed 30”, with a trail tread of 24”.

2) All waterbars include 5 feet of leadoff ditch as incidental.

3) All waterbars will be constructed at 45 degree angle to trailway.

4) Brushing along streams and at stream crossings will be done in a way that maintains the plants for shade and streambank stability, while allowing for safe passage. In most cases, brushing occurs on the uphill side of the trail. Brushing shall be limited on cut slopes and within the trail tread near streams. Brush clearing standards are modified to retain brush where it is providing shade to the stream, especially where trails are within 25 feet of a stream and at stream crossings. COR/Inspector will stake brushing at stream crossing.

C.8 STANDARD SPECIFICATIONS AND DRAWINGS are included in EM-7720-102, Standard Specifications for Construction of Trails, dated June 1984, and are included by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resultant contract. Copies of the Standard Specifications for Construction of Trails (June 1984) are available from the office issuing this solicitation and may be reviewed there. Copies are for sale by the Superintendent of Documents, US Government Printing Office, Washington, D.C. 20402.

C.9 DEFINITIONS - Terms, Organizations, and Standards

Specification Terms. These specifications are generally written in the imperative mood. In sentences using the imperative mood, the subject “the Contractor,” is implied. Also implied in this language is “shall,” “shall be,” or similar words or phrases. In material specifications, the subject may also be the supplier, fabricator, or manufacturer supplying material, products, or equipment for use on the project. Wherever “directed,” “required,” “prescribed,” or similar words are used, the “direction,” “requirement,” or “order” of the CO is intended. Similarly, wherever “approved”, “acceptable”,” suitable”, “satisfactory”, or similar words are used, they mean “approved by,” “acceptable to,” or “satisfactory to” the CO. The word “will” generally pertains to decisions or actions of the CO. Whenever in these specifications, or in other contract documents, the following terms (or pronouns in place of them) are used, the intent and meaning shall be interpreted as follows: reference to a specific standard, test, testing method, or specification shall mean the latest published edition or amendment that is in effect at the solicitation issue date for the public works contracts.

Abbreviations and Acronyms.

Definitions When the following terms, or pronouns in place of them, are used in these specifications or in other contract documents, the intent and meaning are as follows:

Berm. The ridge of material formed on the outer edge of the trail that projects higher than the tread.

Borrow. Suitable materials taken from approved sources designated on the drawings or on the ground, to be used for embankments and backfilling.

Bridge. A structure, including supports, erected over a depression or stream, and having a deck to carry traffic.

Catch Point. The outer limits of a trailway where the excavation and/or embankment intersect with the ground line.

Clearing Limit. The area over and beside the trail that is cleared of trees, limbs, and other obstructions.

Compacted. Consolidation that is obtained by tamping or rolling suitable material until no noticeable displacement of material is observed.

Contracting Officer (CO). An official of the Government with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the CO acting within the limits of their authority as delegated by the CO.

Danger Tree. An unstable tree 5 inches or greater in diameter at breast height that is likely to fall across the trail.

Designated on the Ground. The location of materials, work areas, and construction items, including lines and grades, marked on the ground with stakes, flagging, tags, or paint.

Diameter (tree) - Tree trunk diameter at a height of 4.5 feet from ground on uphill side of tree.

Drawings. Documents showing details for construction of a facility, including but not limited to straight-line diagrams, trail logs, standard drawings, construction logs, plan and profile sheets, cross-sections, diagrams, layouts, schematics, descriptive literature, and similar materials.

Duff. Organic material overlying rock or mineral soil.

Embankment. A structure of suitable material placed on the prepared ground surface and constructed to the trailbed elevation.

Excess Excavation. Material in the trailway in excess of that needed for construction of designed trailways.

Ford. A water-level stream crossing constructed to provide a level surface for safe traffic passage.

Full Bench. Trailbed constructed entirely on undisturbed material.

Grade. The vertical distance of ascent or descent of the trail expressed as a percentage of the horizontaldistance.

Hazard Tree - Tree or snag outside the clearing limits that is designated for removal during construction by the COR.

Header Rock. Rock laid with the narrow end towards the face of the wall.

Inslope. Where the trail tread is sloped downward toward the backslope.

Mineral Soil. Soil or aggregate that is free from organic substances and contains no particles larger than 2 inches at their greatest dimension.

Outslope. Where the trail tread is sloped downward toward the embankment or daylight side of the trailway.

Prevailing Grade - The average grade of a given section of trail.

Sideslope. The natural slope of the ground, usually expressed as a percentage.

Slough. That material from the backslope or the area of the backslope that has raveled onto the trailbed.

Slump. Where the trailbed material has moved downward, causing a dip in the trail grade.

Special Project Specification. Specifications that detail the conditions and requirements peculiar to an individual project, including additions and revisions to the standard specifications.

Surfacing. Material placed on top of the trailbed that provides the desired tread.

Suitable Material. Rock that can be accommodated in the trail structure, and soil free of duff with a recognizable granular texture.

Switchback. A reverse in direction of trail grade with a level landing used to change elevation on a steep slope, usually involving special treatment of the approaches, barriers, and drainages.

Trailbed. The finished surface on which base course or surfacing may be constructed. For trails without surfacing the trailbed is the tread.

Trailway. The portion of the trail within the limits of the excavation and embankment.

Tread. The surface portion of the trail upon which traffic moves.

Turnout. A short section of extra trail width to provide for passage of trail users.

Waterbar. A structure used for turning water off the trail, usually made of logs or stones.

Water Courses. Any natural or constructed channel where water naturally flows or will collect and flow during spring runoff, rainstorms, etc.

C.10 Price Range

The Government’s estimate is:

Between $25,000 and $100,000

SECTION D – PACKAGING AND MARKING

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

SECTION E – INSPECTION AND ACCEPTANCE

E.1 – INSPECTION OF CONSTRUCTION (FAR 52.246-12) (JUL 1996)

(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 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 inspection 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.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 – TIME OF DELIVERY

(a) Contract Time. Contract time will be from the effective date of the Notice to Proceed through the period specified. The effective date of the notice may be earlier than the approximate starting date below if snow conditions allow.

Item No. Estimated Starting Date Completion Date

1 August 31, 2010 October 15, 2010

The Contractor shall maintain progress at a rate, which will assure completion of work within the contract time specified above.

The count of contract time will start on the date specified on the Notice to Proceed.

F.2 – SUSPENSION OF WORK (FAR 52.242-14) (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 the contract (or within a reasonable time if not specified), and 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.

SECTION G – CONTRACT ADMINISTRATION DATA

GOVERNMENT-FURNISHED PROPERTY

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

SECTION H – SPECIAL CONTRACT REQUIREMENTS

CLAUSE INCORPORATED BY REFERENCE

This contract incorporates the following clauses by reference, within the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES:

NONE

II. AGRIGULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES:

452.236-72 USE OF PREMISES (FEB 1988)

CONDITION OF USE OF PREMISES

(a) Camping will be allowed only at the sites designated on the project maps or approved in advance by the District Ranger.

(b) No improvements of a permanent nature shall be constructed without prior written approval of the Contracting Officer.

Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. Final payment will not be authorized until the campsite has been cleaned up and the site is approved by the Contracting Officer or their designated representative. Reusable native material may be neatly stacked for future use.

(c) Livestock will not be permitted without written approval from the Contracting Officer.

(d) Vegetation shall be undisturbed to the maximum extent possible. The Contractor will be permitted to cut only those trees designated by the COR.

(e) Storage of petroleum products in excess of 50 gallons will require the approval of the COR. All petroleum spills shall be immediately cleaned up. All spills will be reported immediately to the CO or COR. Spills over 25 gallons will be reported to the Idaho State Department of Environmental Quality. No waste disposal of petroleum product will be permitted on National Forest land.

(f) Chemical toilets are preferred for all campsites, however, the Contractor may be permitted to construct a slit trench when conditions warrant. Any slit trench constructed shall not be located closer than 400 feet to any live stream and is subject to approval of the COR. The trench shall be covered and the area restored to as natural a condition as possible when the camp is closed.

(g) Refuse including waste material, garbage, and rubbish of all kinds, shall be disposed of in the following manner, and shall guard the purity of streams and living waters:

Garbage, trash, sewage waste, and other litter shall be kept in closed fly-proof containers and periodically hauled to an approved disposal facility located outside of the National Forest.

(h) Waste water shall be disposed of in a leach pit located at least 300 feet from springs, streams, and lakes. The pit shall be a minimum of 2 x 2 x 2 feet and shall be filled with rock two to eight inches in diameter. The leach pit shall be covered with at least two feet of compacted soil when the camp is closed.

(i) No waste or by-products shall be discharged if it contains any substances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies.

Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would result in substantial harm to fish and wildlife or to human water supplies.

(j) The camp area shall be maintained to present a clean, neat, and orderly appearance. Disposal of trash and debris, unusable machinery, Forest Service authorized improvements, etc., shall be kept current. Building materials, firewood, etc., shall be neatly stacked.

The campsite shall be left in a clean condition. Any clean-up work not accomplished by the Contractor at time of camp closure will be done by the Forest Service, and the actual cost of such clean-up will be deducted from payment otherwise due the Contractor.

PHYSICAL DATA (FAR 52.236-4) (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 the U.S. Department of Agriculture, Forest Service. Features shown on the plan and profile sheets were identified by visual observation during the preliminary location and survey and during a “plans in hand” review.

(b) Weather Conditions – The project is subject to seasonal limitations from November thru April. Wet weather commonly limits construction operations in October and June.

(c) Transportation Facilities – Access to the project is available via the following roads:

BARRICADES, WARNING SIGNS, AND OTHER DEVICES

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct the traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes. Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

As a minimum, it is anticipated that the following type and number of signs will be required:

Beginning of Project

End of Project

OTHER FACTORS AFFECTING THE WORK

NOXIOUS WEED CONTROL (2/96) In order to prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment prior to entry on to the work area. This cleaning shall remove all dirt and plant parts and material that would carry noxious weed seeds into the work area. Only construction equipment so cleaned and inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in. “Construction equipment” does not include pickup trucks and personal vehicles.

Prior to the initial move-in, and all subsequent move-ins, the Contractor shall make all construction equipment available for inspection by the Forest Service at an agreed upon location. The Contractor shall give the Forest Service at least 24 hours advance notification when equipment is ready for inspection.

FIRE CONTROL

(a) Contractor’s Responsibility for Contractor-Caused Fires - The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor’s employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor’s employees or resulting from contract operations.

(b) Other Fires - For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

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

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

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

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

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

One – fire extinguisher, dry chemical type of not less than 2 ½ pound capacity with 4 BC or higher rating.

One – shovel, round pint #0 lady or equal.

One – ax, 2 pounds or over, 26 inch minimum length, or one Pulaski.

One – water container (at least 1 gallon capacity), not required with stationary equipment.

(3) Spark Arresters - Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multipurpose engines, such as chain saws, shall meet Society of Automotive Engineers J335B standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arrester, and other devices must be properly installed and maintained.

(4) Power-saws - For each power-saw used in connection with this contract, the following will be provided:

One – shovel, round point #0 lady or equal. Shovel must be immediately available to use.

One – Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type if it is less than pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a power-saw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; power-saws shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting - Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking - Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products - Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires - Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves - Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings not larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or one foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding - Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5 gallon standard backpack water container (filled) with a hand-pump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan - Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of employees and equipment at the Contractor’s disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor’s operations. The following may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time

(ii) All burning could be stopped, including debris burning fires

(iii) Patrolmen may be required for a period of 2 hours after high fire operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer - The Contractor shall provide at a location satisfactory to the Contracting Officer, serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank or not less than capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of a least ¾ inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, an additional 250 feet of ¾ inch heavy-duty rubber hose or 1 inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with the proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

(13) Burning - Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during firework hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his discretion prohibit all open burning for definite periods within specific areas of the National Forest.

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

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

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

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) 52.236-15 Schedules for Construction Contracts (APR 1984) Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984) Alternate II (APR 1984)

Alternate I (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

I.2 FAR 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.

I.3 FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

a. Definitions. As used in this clause—

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

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

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

“Registered in the CCR database” means that—

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

2. The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

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

c. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

1. An offeror may obtain a DUNS number—

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

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

d. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

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

f. The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(a) Change the name in the CCR database;

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

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

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i)of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

2. The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

h. Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I.4 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.