AG-82B1-S-10-0154.doc

SERVICE RFQ

SOL #: AG-82B1-S-10-0154

Medora RD – Dakota Prairie Grasslands

RECOVERY – Well Plugging

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

EROC Intermountain Team 740 Simms Street

Golden, CO 80401

FOB DESTINATION

OTHER (See Schedule)

11. SCHEDULE (Include applicable Federal, State and local taxes)

Dakota Prairie Grasslands

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I - THE SCHEDULE

SECTION B – SERVICES AND PRICES

Dakota Prairie Grasslands, Medora Ranger District PLUGGING ABANDONED WELLS. PROVIDE ALL LABOR, TRANSPORTATION INCLUDING ALL MOBILIZATION, INCIDENTALS AND MATERIALS.

Pay

Item

Unit Estimated

Quantity

BILLINGS COUNTY, ND (WELLS 1 & 2)

GOLDEN VALLEY COUNTY, ND (WELLS 3 &4)

SLOPE COUNTY, ND

WELLS (5,6,7,9,10 & 11)

SLOPE COUNTY, ND

(WELL 8)(ARTESIAN)

SLOPE COUNTY, ND EXPLORATION ONLY NO PLUGGING(WELL 12)

SLOPE COUNTY, ND EXPLORATION AND PLUGGING(WELL 12)

Items 5/5a: Item 5 is for the price on the exploration of the well only. In the event the well is found and plugging is required.Item 5a will be used for plugging the well. Only one of these items will be paid for on the invoice.

SECTION C -- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PROJECT DESCRIPTION AND LOCATION

1.01 Scope of Work: The project consists of furnishing all labor, transportation, incidentals(removal of items-300 foot radius from well) and materials necessary to plug abandoned wells in accordance with the attached Forest Service drawings and specifications. The Contractor shall be responsible for making disposal arrangements. Disposal shall conform to all Federal, State, and local laws and ordinances. All fees including garbage disposal, imposed for disposal under this contract are the responsibility of the contractor. On site inspection will be made by the Contracting Officer’s Representative (COR) prior to acceptance of work.

1.02 Project Location: These wells are located on the Dakota Prairie Grasslands. All wells are in Billings, Golden Valley and Slope Counties, ND, and are located approximately 50 miles south and west of Belfield, ND.

1.03 Pre-Bid Tour: There will be no pre-bid tour of the project. Parties wishing directional information to the project may contact Kevin Sullivan at the McKenzie Ranger District, 701-842-2393.

1.04 Start work: It is estimated that work will begin in June 2010 and have a completion date of September 30, 2010 for all items.

TECHNICAL SPECIFICATIONS - SLURRY METHOD – ITEMS 1 (Well #2), 3(Well #11) & 4

1. All pumping equipment and piping that restricts access to the well casing has been removed, except that which is shown on drawings.

Volume of the well is determined by measurement of the well diameter and depth to water and total depth of the well. Refer to Table 1 to determine the volume of material needed to fill the well casing.

2. Under State Regulation ARSD 74:02:04:68, if an abandoned well is less than 16 inches in diameter or more than 50 feet deep, a tremie pipe must be used for placing plugging material.

Flowing wells present some unique problems because of the continuous upward movement of water. Plugging flowing wells requires the placement of neat cement through a tremie line fast enough to stop the flow. A tremie pipe is a tube temporarily inserted into the well casing to the depth where materials are to be placed/used. A tremie pipe allows for proper placement of plugging materials and prevents plugging materials from bridging, reduces void spaces and prevents liquid grouts from being diluted by water in the well. Tremie lines should reach to within 1 or 2 feet of the desired depth and have the end cut in a diagonal. Tremie pipes generally are attached to a funnel or pump. When placing plugging materials into a well, the tremie line should stay submerged in the plugging material and be retrieved slowly as the well casing fills. Flowing wells should be plugged by well drilling professionals.

Sand point wells – If the casing can be pulled, the hole should naturally fill with native material, and no further work is required. However, if the casing cannot be pulled, a certified professional water well contractor’s service will be required to properly grout the well. After grouting is complete, the casing should be cut off 3 feet below the surface.

3. WELL PLUGGING MATERIAL. Well plugging materials shall form a permanent, impermeable plug that will not shrink or crack and will prevent the flow of water.

Two types of grout are allowed for plugging wells in North Dakota, cement grout and bentonite grout.

Cement grout: is a mixture of one 94 lb. bag of high-sulfate resistant portland cement and no more than 6 gallons of water. It has a consistency of thick cream and yields about 1.28 cubic feet of cement grout per bag of cement. Sand or other aggregate is not used in cement grout because they will separate out of the slurry and weaken the seal.

Bentonite grout: is a mixture of high solids, sodium bentonite material (sodium montmorillonite clay) and water. Bentonite used as a grout must be commercially manufactured and specifically formulated as a plugging material and approved by the COR. Dry bentonite used in the clay fill method can be purchased in powdered, granular, pelleted, and chipped formulations. Powdered and granulars are used for grout mixtures and the other formulations are used for dry layer applications. Chipped bentonite is mined and screened and graded by size.

Cement grout will be used on the artesian wells in North Dakota.

Native clays used in well plugging should have a medium or loamy texture (excluding sandy loam) using the USDA, textural classification system or be classified as silty clays (CL-ML or lean clay CL) using the Unified Soil Classification System. Native clays shall be slowly added to the well in 6- to 12 inch layers and tamped in order to decrease the permeability of the clay.

Clay subsoils are low in organic matter and other contaminants. Do not use native soils that have been subjected to ag-chemical applications (fertilizers and pesticides) because residues may still be present.

Chlorine bleach shall be used to sanitize the abandoned well water before the well plugging materials are added. HTH tablets (commonly used to chlorinate for swimming pools) also may be used for this purpose. Chlorination of well water eleminates coliform bacterial and other bacteria. The water inside abandoned wells is sanitized to prevent contamination from being introduced by plugging materials.

4. Unconfined aquifers (All wells in this contract are unconfined acquifers): Unconfined aquifers or water table aquifers have no confining layers that prevents the uppermost groundwater surface from equalizing with atmospheric pressure. The water levels of unconfined aquifers are within the aquifer.

Wells completed into unconfined aquifers shall be sanitized with chlorine and then filled with bentonite grout or cement grout.

When grout is not practical because of large volume or expense, clay fill can be used above unconfined aquifers. If clay is used, a minimum of 2 linear feet of dry bentonite, bentonite grout, or cement grout must be placed at the top of the aquifer. The casing may be removed at a depth of three feet and the hole filled with compacted soil to form a slight crown.

A tremie pipe must be used when plugging wells smaller than 16 inches in diameter and greater than 50 feet in depth. Pour plugging materials slowly to prevent their bridging inside the tremie pipe. Shorten the tremie pipe as the well fills. For small diameter wells, it is more effective and less time consuming to use grout to fill the entire well. Figure 5 shows the cross sections of properly plugged wells in an unconfined aquifer.

If native material is used, make sure it is free of ag chemical residues or other contaminates. Pour plugging materials slowly down the well to prevent bridging. Pack the clay in layers to eliminate air spaces and future settling. Cut off the casing at three feet and fill with top soil to form a slight crown to allow for future settling. If a drilled well extends below a dug well, the drilled well must be plugged first.

5. WELL PLUGGING RECORDS. Contractor shall keep a record of all plugged wells, record shall include the following:

1. Name and address of well owner.

2. Legal land description of the well.

3. Casing diameter, depth

4. Type of well.

5. Description of well condition.

6. Description of plugging method.

7. Competion date.

Contractor is required to send a copy of the well plugging record to the COR.

TECHNICAL SPECIFICATIONS - ITEMS 1, 2, 3& 5

Sealing Abandoned Wells (SCS Interim Practice) Definition - Sealing an abandoned water well is defined as sealing a well that has been determined to have no further beneficial use or whose use has been permanently discontinued.

SCOPE - This standard applies to sealing of drilled, driven, and dug vertical wells of 4" diameter or larger and constructed to supply water from an underground source. Irrigation and other wells which require a water permit, flowing wells, known multiple-aquifer wells, or test wells constructed for geologic investigations are not covered by this standard.

Purpose: The purpose of this conservation practice is to preserve the quality of the ground water resource, to protect the public health, and to avoid unsafe conditions.

Conditions Where Practice Applies: This practice applies to abandoned wells where surface contaminants may flow into a well, where the well has a potential of being used for dumping contaminated debris, where undesired interaquifer flow may occur within the well and/or a safety hazard is created by the presence of the well.

A special concern when sealing abandoned wells will be to remove pumping equipment, garbage, or other debris and to use sanitized materials in sealing the well opening.

All work planned shall be in compliance with General Manual Title 450-GM, Part 405, Subpart A, Compliance with Federal, State, and Local Laws and Regulations.

Design Criteria and Specification Guide.

Preparation of the well for sealing: The pumping equipment and any obstacles or debris shall be removed from the well before sealing begins. The depth of the well and the depth to water shall be measured. If practical, the well should be flushed by pumping in water or by use of an air compressor line. The well shall then be sanitized with household bleach before proceeding. The water in the well shall be brought to a 100 ppm chlorine concentration before sealing.

A 100 ppm chlorine solution will require:

1 gallon 5% chlorine bleach per 500 gallons of water 1 pint 5% chlorine bleach per 62 gallons of water

1.3 pounds high-test calcium hypochlorite tablets per 1000 gallons of water Sealing Procedure: The entire well depth shall be filled with sealing materials as described below. The method of sealing will be based on the diameter of the well.

Type I: Well Diameter 4" to Less Than 10" After sanitizing, the well shall be filled with chipped or pelletized bentonite, or neat cement to a point six feet below the ground surface.

If bentonite is used, it should be screened to remove dust and fine particles which would tend to clog when being added to the well. The bentonite shall be added slowly at a rate of about one bag per 10 minutes to prevent bridging, the bentonite should be saturated with water as it is placed in the well. If there is not sufficient water in the well to saturate the bentonite, water should be added at a rate of eight gallons per bag.

A plug of neat cement shall be placed in the well to within 3' of ground level, forming a 3' thick seal from 6' to 3' below the surface. If there is free standing water present in the well prior to the placement of neat cement, the water shall be pumped or bailed out or its volume must be figured into the amount of water needed to formulate the neat cement.

The well casing shall be cut off at this time to 3' below the ground surface. The remainder of the hole shall then be filled with topsoil, being careful to grade the soil so that surface water is directed away from the abandoned well location.

The whole length of the well can be sealed with neat cement. Neat cement, if used, shall be inserted in the well through a pipe from the bottom upward in one continuous operation. The cement shall be stopped at three feet below the ground surface and topsoil used to fill the remainder after cutting off the well casing as described above.

Type II: Well Diameter 10” to 18”

After sanitizing, the well shall be filled with clean sand, chipped or pelletized bentonite, or neat cement to a point five feet below the measured water level.

Next, a minimum of 10 feet of chipped or pelletized bentonite or neat cement shall be added to seal the well at the water level. If bentonite is used, it should be screened to remove dust and fine particles which tend to clog when being added to the well. The bentonite should be added slowly to prevent bridging and then thoroughly saturated with water after each bag is placed in the well. If there is not sufficient water in the well to saturate the bentonite, water should be added at a rate of eight gallons per bag. Neat cement, if used, shall be inserted in the well through a pipe from the bottom upward in one continuous operation.

The casing shall then be filled with sand, chipped or pelletized bentonite, or neat cement to a point at least 20’ below the ground surface. At this point, bentonite or neat cement can be continued to be used. Bentonite can be continued to within 6’ of ground surface but a 3’ plug of neat cement must be placed above it from 6’ to 3’ below ground surface. Neat cement can be continued to within 3’ of the ground surface. Or, if desired, the casing can be filled from 20’ to 6’ below ground surface with compacted native clay. The clay shall be moist so as to obtain good compaction and shall be compacted in approximate 6” layers with a 2x4 or 4x4 board, a long pipe with a flat end, or other suitable tamping device. Then a 3’ plug of neat cement shall be placed in the well to within 3’ of ground level, forming a seal from 6’ to 3’ below the surface. If there is free-standing water present in the well prior to placement of neat cement, the water shall be pumped or bailed out or its volume must be figured into the amount of water needed to formulate the neat cement.

Type III: Well Diameter Greater than 18".

After sanitizing, the well shall be filled with clean sand, chipped or pelletized bentonite; or neat cement to a point two feet below the measured water level.

Next, a minimum of 3 feet of chipped or pelletized bentonite or neat cement shall be added to form a positive seal at and above the water level. If bentonite is used, it should be screened to remove dust and fine particles which would tend to clog when being added to the well. The bentonite should be thoroughly saturated with water after each bag is placed in the well through a pipe from the bottom upward in one continuous operation.

The well shall then be filled to within 3' of the surface with compacted local clay subsoil or to within 6' of the surface with chipped or pelletized bentonite, sand or neat cement. The choice of material will depend upon the depth to be filled and the ease of getting the material down the hole. The well casing shall be cut off to 3' below the ground surface.

If bentonite or sand is used above the water level seal, a 3' thick neat cement seal shall be placed over these materials from 6' up to 3' below the surface. If there is free-standing water present in the well prior to the placement of neat cement, the water shall be pumped or bailed out or its volume must be figured into the amount of water needed to formulate the neat cement. If compacted clay fill has been used from the water table upward as shown in Figure 3a, the 3' neat cement plug can be eliminated and compacted clay can be continued to within 3' of the surface, after cutting off the well casing.

The remainder of the hole should be filled with topsoil, being careful to grade the soil so that surface water is directed away from the abandoned well location.

Well Pits: If the abandoned well is located in a pit, proceed with the sealing process as described above based on well diameter. To properly abandon the pit after the well is sealed, knock in at least one wall, and then fill the pit with compacted native clay and topsoil as shown on drawings.

Material Sand. Sand shall be pit run sand and gravel material.

To determine the volume of materials needed per foot of depth or volume of water in the hole, use the following chart.

Table I.

Hole diameter Volume per foot of depth

0.7 1.5 2.6 4.1 5.9 8.0 10.5 16.4 23.6 53.0 94.2 0.1 0.2 0.3 0.5 0.8 1.1 1.4 2.2 3.1 7.1 12.6

Bentonite: Commercially chipped or pelletized bentonite, which swells when wet, is commonly purchased in granular form with a particle size of 1/4 to 3/4 inch. Powdered bentonite is not recommended for dry placement in well sealing operations.

Neat cement: Neat cement is a mixture of one bag (94 pounds of 1 cubic foot) of portland cement and 6 gallons of water. It is about the consistency of thick cream and can be pumped with special piston pumps. The mixture of one 94 pound bag of cement and six gallons of water yields a volume of 1.1 cu. ft.

Native Clay: Any material of local origin found below the topsoil that has a medium or loamy texture (excluding sandy loam), according to USDA Textural Classification System, or is classified a silty clay (CL-ML) or lean clay (CL) in the Unified Soil Classification System. Fat Clay (CH) material is not acceptable.

SECTION E -- INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

Periodic field inspections will be made by the COR or the COR’s designated Inspector. Work not completed to contract standards shall be rejected and reworked without additional compensation to the Contractor.

SECTION F -- DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989) FAR 52.211-10 Commencement, Prosecution and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract in accordance with the accepted schedule, (b) prosecute the work diligently, and (c) complete the entire work for use not later than September 30, 2010. The time stated for completion shall include final cleanup of the premises.

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: __________________

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

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 closed fire season period, as specified by State law, the Contractor shall comply with each 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 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 a 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 when 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 USED

(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) Submit 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 discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

LANDSCAPE PRESERVATION

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

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

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

NOXIOUS WEED CONTROL

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 National Forest land. This cleaning shall remove all dirt and plant parts and material that could 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, but does include motorcycles.

PREWORK CONFERENCE

Prior to commencement of work, the Contracting Officer’s Representative will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) (Applicable if contract exceeds $30,000) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.222-3 Convict Labor (JUN 2003)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000)

52.222-41 Service Contract Act of 1965, as Amended (JUL 2005)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.232-1 Payments (APR 84)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-11 Extras (APR 1984)

52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

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

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009--Use the clause at 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 in all solicitations and contracts funded in whole or in part with Recovery Act funds.

Whistleblower Protections Under The American Recovery And Reinvestment Act of 2009 (Mar 2009)

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

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

(End of clause) 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

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

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

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

“Registered in the CCR database” means that—

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

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

(b)

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

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

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

(1) An offeror may obtain a DUNS number—

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

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

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

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

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

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

(g)

(1)

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

(A) Change the name in the CCR database;

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

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

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

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

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

52.204-11 American Recovery and Reinvestment Act—Reporting Requirements. Insert the clause at 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements in all solicitations and contracts funded in whole or in part with Recovery Act funds, except classified solicitations and contracts. This includes, but is not limited to, Government wide Acquisition Contracts (GWACs), multi-agency contracts (MACs), Federal Supply Schedule (FSS) contracts, or agency indefinite-delivery/indefinite-quantity (ID/IQ) contracts that will be funded with Recovery Act funds. Contracting officers shall ensure that this clause is included in any existing contract or order that will be funded with Recovery Act funds. Contracting officers may not use Recovery Act funds on existing contracts and orders if the clause at 52.204-11 is not incorporated.

American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a) Definitions. As used in this clause—

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

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

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

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

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

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

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

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

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

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

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

(4) Program or project title, if any.

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

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

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

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

(ii) An estimate of the number of jobs created and jobs retained by…