AG-82B1-S-10-0286.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-82B1-S-10-0286

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

5/20/10

PAGE OF PAGES

1 66

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

381837 and 381844

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

US Forest Service EROC Intermountain 740 Simms Street Golden, CO 80401

Same as block 7

9. FOR INFORMATION

CALL:

A. NAME

Stephen M. Patton

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

907-228-6240 email: spatton@fs.fed.us

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 Clearwater NF Forest Wide Trail Bridge Repair Project

Price Range: The Government's estimate is: between $500,000 and $1,000,000.

This solicitation and any resulting contract(s) will utilize funds provided by the American Recovery and Reinvestment Act (ARRA) of 2009 and includes clauses and provisions required in implementing the Act, including those for significant reporting and transparency.

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.)

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 PM (hour) local time 6/21/10 (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.

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)

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

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, requirements identified on this form and any continuation sheets for the consideration stated 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)

AG-82B1-S-10-0286 RECOVERY Clearwater NF Forest Wide Trail Bridge Repairs

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Clearwater National Forest

Lochsa Ranger District

Idaho County, Idaho

B-1 BRIDGE PROJECT 1

B-1.1 Split Creek Trail Bridge (Trail No. 133, M.P. 0.0)

Item

No.

Description Pay

Unit

Est.

Qty

Mthd

Of

Meas.

Unit

Price

Total

15101 Mobilization LS 1 LSQ $

55703a Treated Structural Timber and

Lumber, Running Plank

LS 1 LSQ $

55703b Treated Structural Timber and

Lumber, Curb

LF 320 AQ $ $

55703c Treated Structural Timber and

Lumber, Stiffening Truss Members

55703d Treated Structural Timber and

Lumber, Lateral Cross Bracing

55705 Treated Structural Glued

Laminated Lumber, Floor Beams

EA 13 AQ $ $

62301 General Labor HR 20 AQ $ $

63081 Bridge Cable Lubrication LS 1 LSQ $

Sub Total $

Powell Ranger District

B-1.2 Eagle Mountain Trail Bridge (Trail No. 206, M.P. 0.0)

Description Pay

Unit

Est.

Qty

Mthd

Of

Meas.

Unit

Price

55703a Treated Structural Timber, Running

Plank

55703b Treated Structural Timber, Deck

Plank

EA 15 LSQ $ $

Lumber, Curb

LF 16 AQ $ $

Lumber, Truss Members – Rail

Braces

EA 5 LSQ $ $

55703e Expansion Joints LS 1 LSQ $

B-1.3 Mocus Point Trail Bridge (Trail No. 469, M.P. 0.0)

Description Pay

Unit

Est.

Qty

Mthd

Of

Meas.

Unit

Price

55504 Remove Corrosion and Paint Cable

Members

55505 Lateral Bracing Rods LS 1 LSQ $

Lumber, Truss Members -

Diagonals

EA 15 AQ $ $

55705a Treated Structural Glued

Laminated Lumber, Bent Cap

55705b Treated Structural Glued

Laminated Lumber, Tower Sills

B-1.4 Warm Springs Trail Bridge (Trail No. 49, M.P. 0.0)

Description Pay

Unit

Est.

Qty

Mthd

Of

Meas.

Unit

Price

55504 Reset Steel Hanger Cables LS 1 LSQ $

55505 Lateral Bracing Rods LS 1 LSQ $

Brace

EA 2 AQ $ $

Lumber, Truss Members –

EA 25 AQ $ $

Lumber, Truss Members – Top

Plate

LF 460 AQ $ $

Lumber, Truss Members – Floor

Beams

EA 1 AQ $

Total for Items

B-1.1 through B-1.4

Clearwater national Forest

Lochsa Ranger District

B-1.4 OPTIONAL ITEM Boulder Creek Trail Bridge (Trail No. 211, M.P. 0.0)

Description Pay

Unit

Est.

Qty

Mthd

Of

Meas.

Unit

Price

15713 Soil Erosion and Pollution Control LS 1 LSQ $

20304 Removal of Existing Bridge LS 1 LSQ $

EA 2 AQ $ $

Lumber, Truss Members – Top

Plate

Lumber, Truss Members – Floor

Beams

EA 1 AQ $

Optional Item Total $

North Fork Ranger District

Clearwater County, Idaho

B-2 BRIDGE PROJECT 2

B-2.1 4 th of July Trail Bridge (Trail No. 167, M.P. 0.0)

Description Pay

Unit

Est.

Qty

Mthd

Of

Meas.

Unit

Price

Lumber, Running Plank

Lumber, Deck Plank

EA 6 AQ $ $

Lumber, Truss Members -

EA 80 AQ $ $

Lumber, Top Plate

55703f Treated Structural Timber and

EA 8 AQ $ $

55705 Treated Structural Glue-Laminated

Lumber, Bridge Towers

B-2.2 McConnell Mountain Trail Bridge (Trail No. 213, M.P. 1.5)

Description Pay

Unit

Est.

Qty

Mthd

Of

Meas.

Unit

Price

55504 Reset Steel Hanger Cables LS 1 LSQ $

Lumber, Approach Span Cleats

EA 12 AQ $ $

EA 18 AQ $ $

Lumber, Truss Members – Top and

Bottom chords

LF 450 AQ $ $

55705 Treated Structural Glue-Laminated

Lumber, Bridge Towers

Total for Items

B-2.1 through B-2.2

DQ = Design Quantity, AQ = Actual Quantity, LS = Lump Sum, LSQ = Lump Sum Quantity

Contractor Name:

Phone:

Signature: FAX:

Address: E-Mail:

TIN #:

City, State, Zip: DUNS#:

Notes

(1) The Government anticipates making multiple awards by Item (including sub-items) under this solicitation. Offerors desiring to propose on only one item should complete only the schedule sub-items associated with that item. Offerors desiring to be considered for either one or both projects may limit their award exposure by completing the following:

[ ] This offer is tendered on the basis the the offeror will accept either Item B-1 or B-2 but not both items.

[ ] This offer is tendered on the basis that the offeror will accept Items B-1 and B-2 singularly or in combination.

In the event an offeror submits an offer which is apparently successful for both projects but which limits itself to award of only one item, the Government will make the award in its own best interest.

(2) In the event both items are awarded to a single offeror, the performance times will run concurrently.

(3) Payment for bond premiums made in accordance with FAR clause 52.232-5, Payment under

Fixed-Price Contracts, shall not be in addition to the contract price.

(4) Include bond payments under 151.01 Mobilization. Payment will be made on actual work performed as described in FP-03 09.01 unless otherwise noted.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 PROJECT DESCRIPTION AND LOCATION – ITEM B-1

(a) Description of Work. This project consists of the rehabilitation of four (4) cable suspension trail bridges. Improvements consist of, but are not limited to9, replacement of miscellaneous timber stiffening truss members, repair and adjustments to main and hanger cables, replacement of timber floor beams, and replacement of tower members. These bridges are

Split Creek, Eagel Mtn, Mocus Point, and Warm Springs Trail Bridges.

Optional Item This item consists of the removal and disposal of the Boulder Creek Trail

Bridge located in the Wilderness Gateway Campground.

(b) Project Locations

The split Creek Trail Bridge is located just off US Hwy 12 at mile post 111.4, Sec. 2 TN

33N, R 8E

The Eagle Mtn Trail Bridge is located just off US Hwy 12 at mile post 135.4, Sec. 30, TN

36N, R 11E

The Mocus Point Trail Bridge is located just off US Hwy 12 at mile post 143.0, Sec. 18, TN

36N, R 12E

The Warm Springs Trail Bridge is located just off US Hwy 12 at mile post 150.3, Sec. 7, TN

36N, R 13E

The Boulder Creek Trail Bridge is located in the wilderness Gateway Campground. Take US

Hwy 12 to mile post 122.6, then turn south and cross the Locsa River. Take the campground road, USFS Road 1649 approximately 0.7 miles to where it crosses Boulder Creek. The

Boulder Creek Trail Bridge is just upstream of the road bridge that crosses Boulder Creek.

C-2 PROJECT DESCRIPTION AND LOCATION – B-2

(a) Description of work. This project consists of the rehabilitation of two (2) cable suspension trail bridges. Improvements consist of, but are not limited to, replacement of miscellaneous timber stiffening truss members, repair and adjustments to main and hanger cables, replacement of timber floor beams, and replacement of tower members, along with all other work necessary to complete the project as required by the contract plans and specifications.

(b) Project Locations. The projects are located in the Powell and North Fork Ranger Districts of the Clearwater National Forest, in Idaho and Clearwater County. Refer to the location map on the title sheet of the plans.

The 4 of July Trail Bridge is located at intersection of USFS Road 250 and USFS trail 167 on USFS Road 250, mile post 36.8. Road 250 begins approximately 1 mile Southeast of

Pierce, Idaho. Travel on 250 road to MP 36.8 and junction with Trail 167, and project beginning. Sec. 6, TN 38N, R 9E.

McConnell Mt Trail Bridge is located on USFS Trail 213 at mile post 0.0. Sec. 20, TN 36N, R 13E. To reach the project site take U.S. Hwy 12 to the Warm Springs Trail Head at mile post 150.3. Cross the Lochsa River on the Warm Springs Trail Bridge and proceed South on

USFS Trail 49 approximately 1.75 miles to the intersection of USFS Trail 49 and USFS Trail

213.

C-3 Estimated Price Range

Item B-1 $100,000 - $250,000

Item B-2 $250,000 - $500,000

C-4 Construction Timing

Item B-1 The Government desires work to commence as soon as practicable after June 1, 2011 and be completed by September 2, 2011. The Warm Springs Trail Bridge repairs must be completed between the date of July 11, and July 22, 2011. The Contractor cannot have the

Mocus Point Trail Bridge and The Eagle Mtn Trail Bridge closed during the same period of time. The Government desires the removal and disposal of the Boulder Creek Trail Bridge

(Optional Item B-1.5) be completed between the dates of June 1, 2011 and June 30, 2011.

Item B-2 The Government desires work to commence as soon as practicable after July 1, 2011 and be completed by September 30 , 2011. The Government desires the 4 th of July Trail

Bridge to be open by July 22, 2011 .

For all items, the Government requires a minimum of 20 days notice prior to starting work and closing bridges.

Refer to F-2 for required completion dates for all items.

C-5 Safety All construction methods and procedures shall be in compliance with applicable OSHA regulations, 29 CFR art 1926 and Part 1910. Provide appropriate safety barricades and signs to protect the public from construction hazards.

C-6 Standard Specifications

Standard Specifications for Construction of Roads and Bridges on 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 these Specifications are available on the internet at www.wfl.fha.dot.gov/design/specs/fp03.htm

C-7 Forest Service Supplemental Specifications

Forest Service supplementary specifications are included as a separate APPENDIX of this solicitation.

The supplementary specifications applicable to this project are listed in Section J..

C-8 AGAR 452.211-72 Statement Of Work/Specifications (FEB 1988)

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

C-9 AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

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/

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 within ____ [Contracting

Officer insert number] 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 (see below desired and required completion dates). The time stated for completion shall include final cleanup of the premises.

Item No. Desired Completion Date Required Completion Date

B-1.1 September 2, 2011 September 30, 2011

B-1.2 September 2, 2011 September 30, 2011

B-1.3 September 2, 2011 September 30, 2011

B-1.4 July 22, 2011 July 22, 2011

B-1.5 June 30, 2011 June 30, 2011

B-2.1 July 22, 2011 August 15, 2011

B-2.2 September 2, 2011 September 30, 2011

F-3 AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is Monday through Saturday.

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 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The

Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the plans and in the specifications are the result of site investigations by Forest Service specialists making physical determination based on surface observations.

(b) Weather Conditions. Normal snow conditions indicate a work season from approximately June 1 to

October 30.

(c) Transportation Facilities.

Item B-1

The Split Cr Trail Bridge is located just off US Hwy 12 at mile post 111.4, Sec. 2, TN 33N, R 8E

The Eagle Mtn Trail Bridge is located just off US Hwy 12 at mile post 135.4, Sec. 30, TN 36N, R

11E

The Mocus Point Trail Bridge is located just off US Hwy 12 at mile post 143.0, Sec 18, TN 36N, R

12E

The Warm Springs Trail Bridge is located just off US Hwy 12 at mile post 150.3, Sec 7, TN36N, R

13E

The Boulder Cr Trail Bridge is located in the wilderness Gateway Campground. Take US Hwy 12 to mile post 122.6, the turn South and cross the Lochsa River. Take the campground road, USFS Road

1649, approximately 0.7 miles to where it crosses Boulder Creek. The Boulder Cr. Trail Bridge is just up stream of the road bridge that crosses Boulder Creek.

Item B-2

The 4 th of July Trail Bridge is located at intersection of USFS Road 250 and USFS trail 167 on USFS

Road 250, mile post 36.8. Road 250 begins approximately 1 mile Southeast of Pierce, Idaho. Travel on 250 road to MP 36.8 and junction with Trail 167, and project beginning. Sec. 6, TN 38N, R 9E.

McConnell Mt Trail Bridge is located on USFS Trail 213 at mile post 0.0. Sec. 20, TN 36N, R 13E.

To reach the project site take U.S. Hwy 12 to the Warm Springs Trail Head at mile post 150.3. Cross the Lochsa River on the Warm Springs Trail Bridge and proceed South on USFS Trail 49 approximately 1.75 miles to the intersection of USFS Trail 49 and USFS Trail 213.

(d) Material Sources.

Salvageable materials from all trail bridges except the 4 th of July Trail Bridge shall be transported to the Star Meadows Pole Barn, near Powell Ranger Station and stored at a location identified by the

C.O. Salvageable materials from the 4 th of July Trail Bridge shall be transported to the Kelly Forks

Work Center and stored at a location indentified by the C.O.

H-2 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 control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Bridge 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 bridge or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail..

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

For the Split Creek, Eagle Mtn., Mocus Point, and Warm Springs Trail Bridges

Location

Designation

Quantity

At both ends of the Bridge BRIDGE CLOSED FOR REPAIRS

For the Boulder Creek Trail Bridge

At both ends of the

Barricaded Work Zone

BOULDER CREEK TRAIL BRIDGE

DEMOLISHION AREA

RESTRICTED

At the Bridge entering the

Campground

CONSTRUCTION AHEAD 0.7 MILES

EXPECT HEAVY TRUCK TRAFFIC

For the 4 of July Trail Bridge

For the McConnell Mtn Trail Bridge

At the North Abutment of the

Warm Springs Trail Bridge

McCONNELL MTN TRAIL BRIDGE

CLOSED FOR REPAIRS 1.75 MILE AHEAD

H-3 LANDSCAPE PRESERVATION

(a) Do not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for treatment. Confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Retrieve material which falls outside of these limits and dispose of, or incorporate in the work as directed by the Contracting Officer.

Preserve the scenic and natural environment along this construction project.

(b) Do not allow objectionable material to enter any stream, river, lake, or other body of water.

Retrieve material which falls in these areas and dispose of, or incorporate in the work as directed by the

Contracting Officer, and repair damage to vegetation or structures outside the project limits as directed by the Contracting Officer.

(c) Do not operate equipment or otherwise disturb the natural vegetation and soil beyond the construction limit

H-4 ENVIRONMENTAL PROTECTION

Prevention of Oil Spills.

The contractor is required to have a spill plan. The plan will contain a description of the specific hazardous materials, procedures, and spill containment that will be used, including inventory, storage, and handling.

All vehicles carrying fuel will have specific equipment and materials needed to contain or clean up any incidental spills at the project site.

All pumps and generators used in or near streams will have appropriate spill containment structures and/or absorbent pads in place during use.

When storage facilities for oil or oil products are on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or any other body of water.

If a spill of petroleum product should occur in water, immediately notify the Contracting Officer and appropriate state agencies.

Service all equipment only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Meet all applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

Contractor shall ensure that all personnel involved in handling and packaging the hazardous waste are trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Provide handling and personal protective equipment appropriate to ensure safe handling of the hazardous waste according to 29 CFR

1910.120). Notify the Forest Service of all hazardous material that may be brought onto the National

Forest.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. The contractor must clean up spills or leaks in a manner that complies with Federal, state, and local laws and regulations and to the satisfaction of the CO. Any spills resulting in a detectable sheen on water shall be reported to the EPA National Response Center (1-800-424-8802). Any spills over 25 gallons will be reported to the Idaho Division of Environmental Quality and cleanup will be initiated within 24 hours of the spill. When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

H-5 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 clean construction equipment 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.

Straw/Hay Bales shall be certified as ―Weed Free‖. The source field shall be inspected and certified by the county extension agent from the county that the straw/hay is grown. Each shipment onto the forest shall be accompanied by a certification tag stating that it is weed free. The contractor shall furnish the forest service with a statement of certification.

H-6 FIRE CONTROL (FS 236-1)

(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.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

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

52.202-1 Definitions (JUL 2004)

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 (MAY 2008)

52.211-18 Variation in Estimated Quantity (APR 1984)

52-217-7 Option for Increased Quantity—Separately Priced Line Item (MAR 1989)

Fill-in: August 15, 2010

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)

52.222-3 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) http://www.usda.gov/procurement/policy/agar.html

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)

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 (SEP 2007)

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

Contracts (DEC 2007)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

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

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (FEB 1992)

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

52.228-14 Irrevocable Letter of Credit (DEC 1999)

52.228-15 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)

52.232-17 Interest (OCT 2008)

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 (JULY 2002)

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)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

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

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

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

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

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 (AUG 1987)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.246-21 Warranty of Construction (MAR 1994)

Alternate I (APR 1984)

52.248-3 Value Engineering – Construction (SEP 2006)

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

(SEP 1996)

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

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

I-2 FAR 52.204-7 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).

http://fedgov.dnb.com/webform

(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.

I-3 FAR 52.228-1 Bid Guarantee (SEP 1996) (Applicable over $100,000)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds –

(1) To unsuccessful bidders as soon as practicable after the opening of bids, and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 million whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I-4 FAR 52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of ―(DEVIATION)‖ after the date of the clause.

(b) The use in this solicitation or contract of any [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of ―(DEVIATION)‖ after the name of the regulation.

I-5 AGAR 452.228-70 Alternative Forms of Security (NOV 1996)

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

http://www.ccr.gov/

SPECIAL ARRA…