AG-82B1-S-10-0096_solicitation.pdf

INTERMOUNTAIN EMERGENCY RECOVERY OPERATION CENTER INSTRUCTIONS

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

INTERMOUNTAIN EROC

740 SIMMS STREET

GOLDEN, CO 80401

FAX (303) 275-5299

SOLICITATION NO.: IFB AG-82B1-S-10-0096

OFFERS ARE SOLICITED FOR: RECOVERY GRIFFIN CREEK FSRD #538 REPAIR, PATCHING, AND PAVING

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS

SOLICITATION:

1. SF-1442 Solicitation, Offer, and Award (Complete, date, and sign)

2. Section B – Schedule of Items (Pages 5-7). (Complete Unit Price and Amount)

3. Section K – Representations and Certifications (Pages 45-50). (Complete the Representations and

Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)

5. Bid Guarantee

6. Acknowledgement of Amendments

IT IS REQUIRED THAT YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to: USDA, Forest Service

Intermountain EROC

740 Simms Street

Golden, CO 80401

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE CENTRAL CONTRACTOR REGISTRATION

DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE I-3 – FAR 52.204-7 CENTRAL

CONTRACTOR REGISTRATION FOR DETAILS ON HOW TO APPLY.

ALL SOLICITATIONS SHALL BE ISSUED THROUGH FEDBIZOPS. NO PAPER SOLICITATIONS SHALL BE ISSUED.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS.

AG-82B1-S-10-0096 RECOVERY Griffin Creek FSRD #538 Repair, Patching, and Paving

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION B – Supplies or Services and Prices/Costs

SECTION C – Descriptions/Specifications/Statement of Work

SECTION D – Packing and Marking

SECTION E – Inspection and Acceptance

SECTION F – Description and Performance

SECTION G – Contract Administration Data

SECTION H – Special Contract Requirements

PART II – CONTRACT CLAUSES

SECTION I – Contract Clauses

PART III – LIST OF DOCUMENTS,EXIBITS AND OTHER ATTACHMENTS

SECTION J – Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents

SECTION L – Solicitation Provisions

SECTION M – Evaluation Factors for Award

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-82B1-S-10-0096

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

1/06/2010

PAGE OF PAGES

3 54

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

355975

6. PROJECT NO.

CIM-0110-02R

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA, Forest Service

740 Simms Street Golden, CO 80401

USDA, Forest Service

740 Simms Street Golden, CO 80401

9. FOR INFORMATION

CALL:

A. NAME

Stephen M. Patton

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

(907) 228-6240

SOLICITATION

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

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

TAS::12 1102::TAS RECOVERY Griffin Creek FSRD #538 Repair, Patching, and Paving Project

Flathead National Forest

Price Range The Government's estimate for the:

BASE BIDis between $250,000 and $500,000.

BASE BID plus Option I is between $1 million and $5 million

BASE BID plus Options I and II is between $1 million and $5 million

This solicitation and any resulting contract will utilize funds provided by the American Recovery and

Reinvestment Act (ARRA) of 2009. Inclusion of unique clauses and provisions required in implementing the

Act, including those for significant reporting and transparency, will be required of the successful offeror(s).

11. The Contractor shall begin performance within 10 calendar days and complete it within * calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. *(See Section F clause 52.211-10)

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 3:00 p.m. MST (hour) local time 2/04/10 (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. (If “is required” see clause 52.228-1)

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)

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

15. TELEPHONE NO. (Include area code)

Duns No. ____________________________

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

23. 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 27. PAYMENT WILL BE MADE BY

Intermountain EROC

740 Simms Street

Golden, CO 80401

USDA, National Finance Center

P.O. Box 60000

New Orleans, LA 70160-0001

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

PART--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

RECOVERY Griffin Creek FSRD #538 Repair, Patching, and Paving

Flathead National Forest

This solicitation and any resulting contract is a firm-fixed price type of contract, which under the definition in FAR 16.202-1, ―this type of contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.‖

Note: The Government has prioritized work on separate Schedules A (Base Bid), B (Option I), and C

(Option II). See Section I for details regarding exercise of options.

B.1 SCHEDULE OF ITEMS

SCHEDULE A – BASE BID

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

PRICE

TOTAL

151(01) MOBILIZATION

LUMP

SUM

1 $________ $________

157(52) SEDIMENT BASIN EACH 1 $________ $________

203(05) REMOVAL OF CULVERT MATERIALS

LUMP

SUM

1 $________ $________

204(01) ROADWAY EXCAVATION C.Y. 3,557 $________ $________

204(07)

SELECT BORROW, SHOT ROCK, COMPACTION

METHOD (E)

C.Y. 1,267 $________ $________

207(01) EARTHWORK GEOTEXTILE S.Y. 6,161 $________ $________

251(01)5 MACHINE PLACED RIPRAP, CLASS 5 C.Y. 344 $________ $________

251(01)3 MACHINE PLACED RIPRAP, CLASS 3 C.Y. 31 $________ $________

251(10) HAND PLACED RIPRAP, CLASS 3 C.Y. 85 $________ $________

303(06) ROAD RECONDITIONING, DITCH CLEANING STA. 10.39 $________ $________

303(15) ROAD RECONDITIONING, SHOULDER REPAIR STA. 19.23 $________ $________

308(05)

BEDDING AND BACKFILL AGGREGATE,

COMPACTION METHOD (A)

C.Y. 1,404 $________ $________

414(11) CRACK CLEANING AND SEALING LIN. FT. 15,328 $________ $________

430(01)

HOT ASPHALT CONCRETE MIXTURE,

PATCHING

STATE DEPARTMENT OF TRANSPORTATION

MIXTURE, GRADING E, Class of Mix B

TON 2,557 $________ $________

602(11)18 18 Inch Corrugated Steel Pipe, 0.064 Inch Thickness, 2.66‖ x 1/2‖ Corrugation

LIN. FT. 938 $________ $________

602(11)36 36 Inch Corrugated Steel Pipe, 0.109 inch Thickness, 2.66‖ x 1/2‖ Corrugation

LIN. FT. 54 $________ $________

602(53)81 81 Inch Span, 59 Inch Rise Corrugated Steel Pipe

Arch, 0.109 Inch Thickness, 3‖ x 1‖ Corrugation

LIN. FT. 122 $________ $________

602(53)128 128 Inch Span, 83 Inch Rise Corrugated Steel Pipe

Arch, 0.138 Inch Thickness, 3‖ x 1‖ Corrugation

LIN. FT. 72 $________ $________

602(75)8P 8 Inch, high density perforated polyethylene pipe with annular exterior.

LIN. FT. 982 $________ $________

602(75)18 18 inch Corrugated Steel Pipe – Perforated, 0.064 Inch

Thickness, 2.66‖ x 1/2‖ Corrugation

LIN. FT. 54 $________ $________

607(08) CLEANING CULVERTS IN PLACE EACH 49 $________ $________

622(01)E RENTAL EQUIPMENT - EXCAVATOR HOUR 40 $________ $_______*

622(01)B RENTAL EQUIPMENT – BACKHOE HOUR 40 $________ $_______*

622(01)D RENTAL EQUIPMENT – DUMP TRUCK HOUR 160 $________ $_______*

623(01) GENERAL LABOR HOUR 160 $________ $_______*

633(90)

INSTALL SIGN (INCLUDES POST) (SEE SIGN

LISTING)

EACH 15 $________ $________

635(05)

BARRICADE, TYPE III, 10’ LENGTH (NO

TURN)

EACH 4 $________ $________

635(07) CONSTRUCTION SIGN – R13-1b EACH 2 $________ $________

TOTAL-BASE BID $________

SCHEDULE B – OPTION 1

151(01) MOBILIZATION

LUMP

SUM

1 $________ $________

154(01) CONTRACTOR TESTING

LUMP

SUM

1 $________ $________

403(01)

HOT ASPHALT CONCRETE PAVEMENT, STATE

DEPARTMENT OF TRANSPORTATION

MIXTURE, GRADING E, Class of Mix B

TON 11,261 $________ $________

403(05) ASPHALT CEMENT, GRADE PG 58-28 TON 901 $________ $________

409(50) CHIP SEAL, 3/8‖ S.Y. 125,805 $________ $________

412(04) TACK COAT GRADE SS-1 OR EQUIVALENT S.Y. 125,805 $________ $________

634(04)B

PAVEMENT MARKINGS, TYPE A

- BROKEN YELLOW CENTERLINE STRIPE

MILE 5.02 $________ $________

634(04)F

PAVEMENT MARKINGS, TYPE A

- WHITE FOG STRIPE

MILE 25.73 $________ $________

634(04)S

PAVEMENT MARKINGS, TYPE A

- SOLID YELLOW CENTERLINE STRIPE

MILE 18.62 $________ $________

TOTAL-OPTION I $________

SCHEDULE C – OPTION II

154(01) CONTRACTOR TESTING

LUMP

SUM

1 $________ $________

403(01)

HOT ASPHALT CONCRETE PAVEMENT, STATE

DEPARTMENT OF TRANSPORTATION

MIXTURE, GRADING E, Class of Mix B

TON 2,173 $________ $________

403(05) ASPHALT CEMENT, GRADE PG 58-28 TON 174 $________ $________

409(50) CHIP SEAL, 3/8‖ S.Y. 55,347 $________ $________

412(04) TACK COAT GRADE SS-1 OR EQUIVALENT S.Y. 55,347 $________ $________

TOTAL-OPTION II $________

B-2 - 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 as described in FP-03 109.01 unless otherwise noted.

*Estimated hours only. Rental Equipment and General Labor will only be paid for work ordered by the Contracting

Officer’s Representative.

SECTION C--DESCRIPTION/SPECIFICATIONS

C.1 DESCRIPTION OF WORK

The purpose of this project is to repair damaged sections of subgrade and asphalt, including roadway borrow and excavation, geotextile and riprap work, crack cleaning, sealing, and patching, upgrading and replacement of drainage structures (18", 36", 81" x 59" arch, 128" x 83" arch, culverts) and asphalt overlay, 3/8" chip seal, and pavement marking of approximately 12 miles of the paved portion of Griffin

Creek Road, Forest Road #538.

The intent of this contract is to provide for the complete repair of the roads described herein. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supervision, and shall perform all work required to complete this project in accordance with the drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered incidental to and included in the payment of the items shown.

C.2 PROJECT LOCATION

The project is located on the Tally Lake Ranger District of the Flathead National Forest, Flathead County, Montana. The project can be reached by taking U.S. Highway No. 2 for approximately 21 miles west from Kalispell, Montana, and turning right at Pleasant Valley RD, in Marion, Montana, on Pleasant

Valley road approximately 5 miles north turn right onto National Forest Road 538.

C.3 BONDING OR PAYMENT PROTECTION

The contractor shall provide both a Performance Bond and a Payment Bond in accordance with FAR

52.228-15, Performance and Payment Bonds – Construction (NOV 2006) incorporated into the contract by reference. The bonds shall be submitted within 15 days of contract award or prior to the beginning of performance, whichever is sooner. Further, the bonds must each be for 100% of the original contract amount.

C.4 ESTIMATED PRICE RANGE

Base Bid: $250,000-$500,000

Base plus Option I: $1 million - $5 million

Base plus Options I and II: $1 million - $5 million

C.5 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON

FEDERAL HIGHWAY PROJECTS FP-03 (2003)

"Standard Specifications for Construction of Roads & Bridges of Federal Highway Projects" (FP-03, U.S.

Customary Units) are included in this solicitation by reference only. The requirements contained in these

Specifications are hereby made a part of this solicitation and any resultant contract.

Copies of the "Standard Specifications for Construction of Roads & Bridges on Federal Highway

Projects", (FP-03, U.S. Customary Unit), are available from the SUPERINTENDENT OF

DOCUMENTS, U.S. GOVERNMENT PRINTING OFFICE, P.O. BOX 371954, PITTSBURGH, PA

15250-7954. The stock number to order is SN001-001-00660-2. Call (202) 512-1800 for the current price and to place telephone orders. You can FAX orders to (202) 512-2250. Credit card orders will be accepted.

Copies are also available electronically on the U.S. DEPARTMENT OF TRANSPORTATION Federal

Highways Administration website at http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm.

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

SECTION D – PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The

Government issued contract number is to be referenced on all official communication starting upon notice of award.

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/ and the

Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996) http://www.arnet.gov/far/

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 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 150 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises

The Forest Service anticipates issuing the Notice to Proceed on or about June 1, 2010.

No additional performance time will be added in the event the options are exercised.

SECTION G--CONTRACT ADMINISTRATION DATA

G- 1 - Contract Administration

(a) CONTRACTING OFFICER means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract.

The Contracting Officer is the only authorized individual to make changes to a contract.

(b) CONTRACTING OFFICER'S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer's Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term "Contracting Officer" as used throughout the contract shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

(c) CONTRACTOR'S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 - FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Agriculture Acquisition Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H.2 - Campsite Requirements

a) Camps shall be located at least 200 ft from trails, lakes, and streams where terrain permits.

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, as nearly as feasible, 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 his designated representative.

b) The Contractor may be permitted to construct a slit trench when conditions warrant. Any slit trench constructed shall not be located closer than 300 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 feasible when the camp is closed.

c) The Contractor shall preserve and protect the purity of streams and live waters. Refuse, including waste materials, garbage, and rubbish of all kinds, shall be disposed of in the following manner: Garbage, trash, 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.

d) 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.

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

f) The camp area shall be maintained to present a clean, neat, and orderly appearance. 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.

H.3 - Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the

Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the

Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting

Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

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

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

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by

State law, the Contractor shall comply with each of the following provisions to the extent applicable to the

Contractor’s operation under the contract.

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

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

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

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

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard

5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive

Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

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

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

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

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

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

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

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

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or

1 foot if the combustible material is protected by a metal or asbestos shield.

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

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

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a

Contractor's operations. The following requirements may be imposed:

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

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

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

(12) Pump and Trailer. Not required.

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

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

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

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

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

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

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

H.4 - Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H.5 - Conformity With Drawings and Specifications

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

H.6 - Barricades, Warning Signs, and Other Devices

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

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform to 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.

H.7 - Quality Control and Safety Plans

After award, contractor shall provide a Quality Control Plan outlining how work performance will be monitored for compliance with contract requirements, project oversight, and response to emergencies such as slides, wind events, and washouts.

If an Item includes the need for blasting, hazard tree removal, or other hazardous work, a Safety Plan may be requested by the COR. Such Plan shall outline how the contractor will provide safety for employees, public, and government personnel that may enter a work area. The Plan shall include transportation, handling, and storage of explosives; warning signs, signal devises, and notices; and any other factors required by law, licensing, or the CO.

H.8 - Weed-Free Equipment

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the

Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

H.9 - Subcontract Data

The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the

Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be submitted before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flowdown" contract clauses have been included in their contract in accordance with FAR Clause 52.222-11.

Completing this form creates no contractual relationship between subcontractors and the Government.

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/ and the

Agriculture Acquisition Regulations may be accessed at www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (JUL 2004) ALT I (MAY 2001)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

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

52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(JAN 1997)

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

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

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

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

52.211-18 Variation in Estimated Quantity (APR 1984)

52.214-26 Audit and Records – Sealed Bidding (OCT 1997) Alt I (MAR 2009)

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

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

52.219-28 Post-Award Small Business Program Rerepresentation (APR 2009)

52.222-3 Convict Labor (JUN 2003)

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

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (FEB 1988)

52.222-9 Apprentices and Trainees (JUL 2005)

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

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

52.222-12 Contract Termination - Debarment (FEB 1988)

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

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) http://www.usda.gov/procurement/policy/agar.html

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

Other Eligible Veterans (SEP 2006)

52.222-50 Combating Trafficking in Persons (AUG 2007)

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

(DEC 2007)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

(MAY 2008)

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)

52.227-1 Authorization and Consent (DEC 2007)

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

52.228-2 Additional Bond Security (OCT 1997)

52.228-5 Insurance-Work on a Government Installation (JAN 1997)

52.228-11 Pledges of Assets (SEP 2009)

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

52.228-14 Irrevocable Letter of Credit (DEC 1999)

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

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

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

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-17 Interest (OCT 2008)

52.232-18 Availability of Funds (APR 1984)

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) ALT I (DEC 1991)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by The Contractor (APR 1984)

52.236-8 Other Contracts (APR 1984)

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

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

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

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991) ALT I (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

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

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items (AUB 2009)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering - Construction (SEP 2006)

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

1996)

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

52.252-6 Authorized Deviations in Clauses (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988)

452.236-73 Archeological or Historic Sites (FEB 1988)

452-236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

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 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.

http://www.arnet.gov/far/current/html/Subpart%2032_11.html#wp1043964

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

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

Contracting Officer to verify that the offeror is registered in the CCR database.

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

(1) An offeror may obtain a DUNS number—

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

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

The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local

Dun and Bradstreet office.

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

(i) Company legal business.

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

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(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.

http://fedgov.dnb.com/webform

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

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

(g) (1)

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

(B) comply with the requirements of Subpart 42.12 of the FAR; and (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)

―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 http://www.arnet.gov/far/current/html/Subpart%2042_12.html#wp1084217 http://www.arnet.gov/far/current/html/Subpart%2042_12.html#wp1084217 http://www.arnet.gov/far/current/html/Subpart%2032_8.html#wp1029202 http://www.ccr.gov/ http://www.arnet.gov/far/current/html/Subpart%202_1.html#wp1145508 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).