AG-82B1-S-10-0419.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-82B1-S-10-0419

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

July 7, 2010

PAGE OF PAGES

pages

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

397090

6. PROJECT NO.

CIM-01R

7. ISSUED BY CODE 82B1 8. ADDRESS OFFER TO

US FOREST SERVICE

EROC – INTERMOUNTAIN

740 Simms Street

GOLDEN, CO 80401 – 4720

CLEARWATER NATIONAL FOREST

c/o Terri L. Ott 12730 Highway 12 Orofino, ID 83544

9. FOR INFORMATION

CALL:

A. NAME

Terri Ott

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

208-476-8299

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):

MORRIS CREEK DEEP FILL CULVERTS

PALOUSE RANGER DISTRICT; CLEARWATER NATIONAL FOREST

CLEARWATER COUNTY, IDAHO

FAXED OFFERS ARE NOT ACCEPTABLE. OFFERS MUST BE MAILED OR HAND-CARRIED AND RECEIVED BY AUGUST 6, 2010 AT 4:00 PM – Mountain Time; Note: Proposals are to be mailed at the address indicated on BLOCK 8

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

This solicitation and any resulting contract 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 Contract time shall begin upon receipt of contract award, notice to proceed and the work shall be completed not later than Oct. 15, 2011. This performance period is mandatory, negotiable. (See Section F: Deliveries and Performance.)

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 4:00 PM local time AUGUST 6, 2010. 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 30 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)

TERRI L. OTT

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

RECOVERY AG-82B1-S-10-0419

CLEARWATER NATIONAL FOREST Palouse Ranger District

Morris Creek Deep Fill Culverts

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Clearwater National Forest

Palouse Ranger District

Clearwater County, Idaho

Morris Creek Road 1969

B-1 – SCHEDULE OF ITEMS - MORRIS CREEK DEEP FILL CULVERTS

B-1a - SCHEDULE OF ITEMS – DEEP FILL SITE #1

DESCRIPTION

METHOD

OF

MEAS.

PAY

UNIT

EST.

QUANTITY

UNIT PRICE

TOTAL PRICE

15101

Mobilization LSQ LS 1 $ $

15201 Construction Survey and Staking

LSQ LS 1 $ $

15713 Soil Erosion & Pollution Control

LSQ LS 1 $ $

20102

Clearing and Grubbing LSQ LS 1 $ $

20434 Embankment Excavation/Construction

LSQ LS 1 $ $

25117 Rip-Rap Culvert Outlet Protection - Class 3

25118

Grouted Riprap -Class 3 LSQ LS 1 $ $

32455 Aggregate Surface Course

LSQ LS 1 $ $

60211 36 inch Corrugated Steel Pipe 16 gage

AQ LF 46 $ $

62201(a)

Excavator Rental AQ HR 40 $ $

62201(b)

Dump Truck Rental AQ HR 40 $ $

62505 Seeding Hydraulic Method

SITE #1

TOTAL:

B-1b - SCHEDULE OF ITEMS – DEEP FILL SITE #2

OF

MEAS.

PAY

UNIT

Staking

LSQ LS 1 $ $

15713 Soil Erosion & Pollution Control

Excavation/Construction

LSQ LS 1 $ $

25306 Pipe Arch Outlet Protection

26202

Geogrid Installation LSQ LS 1 $ $

Course

LSQ LS 1 $ $

60211 73x55 inch Pipe Arch 3x1 14 gage

AQ LF 97 $ $

SITE #2

B-1c - SCHEDULE OF ITEMS – DEEP FILL SITE #3

OF

MEAS.

PAY

UNIT

Staking

LSQ LS 1 $ $

15713 Soil Erosion & Pollution Control

Excavation/Construction

LSQ LS 1 $ $

25306 Pipe Arch Outlet Protection

LSQ LS 1 $ $

32455 Aggregate Surface Course

LSQ LS 1 $ $

60211 73x55 inch Pipe Arch 3x1 14 gage

AQ LF 65 $ $

SITE #3

B-1d - SCHEDULE OF ITEMS – DEEP FILL SITE #4

OF

MEAS.

PAY

UNIT

Staking

LSQ LS 1 $ $

15713 Soil Erosion & Pollution Control

Excavation/Construction

LSQ LS 1 $ $

25117 Rip-rap Culvert Outlet Protection Class 3

LSQ LS 1 $ $

32455 Aggregate Surface Course

LSQ LS 1 $ $

60211 24 inch Corrugated Steel Pipe 16 gage

AQ LF 75 $ $

SITE #4

B-1e - SCHEDULE OF ITEMS – DEEP FILL SITE #5

OF

MEAS.

PAY

UNIT

Staking

LSQ LS 1 $ $

15713 Soil Erosion & Pollution Control

Excavation/Construction

LSQ LS 1 $ $

25117 Rip-rap Culvert Outlet Protection - Class 3

LSQ LS 1 $ $

32455 Aggregate Surface Course

LSQ LS 1 $ $

60211 24 inch Corrugated Steel Pipe 16 gage

AQ LF 100 $ $

SITE #5

B-1f - SCHEDULE OF ITEMS – DEEP FILL SITE #6

OF

MEAS.

PAY

UNIT

Staking

LSQ LS 1 $ $

15713 Soil Erosion & Pollution Control

Excavation/Construction

LSQ LS 1 $ $

25117 Rip-rap Culvert Outlet Protection - Class 3

25118

Grouted Rip-rap-Class 3 LSQ LS 1 $ $

Course

LSQ LS 1 $ $

60211 30 inch Corrugated Steel Pipe 16 gage

AQ LF 104 $ $

SITE #6

Prices Submitted By

Signature: Phone:

Vendor Name: Fax:

TIN: DUNS:

Address:

Email:

B-2 NOTES TO OFFERORS:

Prices must be entered for all Items. The Government intends to award one contract from this solicitation.

Items 62201(a) and 62201(b) are reserved for additional work that is not included in the other line items and must be authorized in advance by the Government. There is no guarantee that any additional work will be purchased.

Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price

Construction Contracts, shall not be in addition to the contract price. Include bond payments under

151.01 Mobilization. The above pay items are contract quantities unless noted.

Idaho Use Tax: Under clause 52.236-7, Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes and regulation applicable to the performance of the work. Questions regarding the applicability of the Idaho Use Tax to the performance of this contract should be directed to the Idaho State Tax Commission at (208) 799-3491.

SUBMISSION OF OFFER: As your offer, submit a completed and signed Standard Form 1442, a completed Schedule of Items (Section B), a Technical Proposal, an original bid bond, acknowledgment of amendments (if any), and a completed Section K. Technical and price proposals are required for evaluation of offers. See Section L for proposal instructions and

Section M for evaluation/award information.

Facsimile proposals are NOT acceptable.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 - PROJECT DESCRIPTION AND LOCATION

a. Description of Work. Furnishing and installing culverts at six deep fill locations along Morris

Creek Road 1969. Work will include soil erosion & pollution control, survey and staking, clearing and grubbing, removing and disposing of log culverts, excavation, borrow excavation, embankment construction, hauling, furnishing and installation of corrugated steel pipe culverts, furnishing and placing geotextile, furnishing and placing crushed aggregate, furnishing and placing riprap, hydraulic seeding and equipment rental of an excavator and dump truck.

b. Project Location. The project is located approximately 6 miles north of Elk River, Idaho.

From the end of Idaho State Highway 8 in the town of Elk River, Idaho, turn left onto road 1705 and proceed north for 0.4 miles to the intersection with Elk Creek Road 382. Turn left onto road 382 and proceed north for 5.2 miles to the intersection with Morris Creek Road 1969. Turn left onto road 1969, Proceed 1.16 miles on road 1969 to first site. 46˚ 50’ 44” N, 116˚ 11’ 57.13”W

c. Pre-Bid Tour. A pre-bid tour is scheduled for Wednesday, July 14, 2010 at 0900. Tour will start at the intersection of Elk Creek Road 382 and Morris Creek Road 1969.

d. Start Work. It is estimated that work will begin on June 15, 2011. The contractor shall give 10 days notice prior to starting any work. All work must be completed no later than October 15, 2011.

e. Period of performance. (See Part I, Section F, Clause 52.211-10)

f. Price Range. $500,000 - $1,000,000

C-2 - 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-3 - 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 Part III, Appendix A.

C-4 – DRAWINGS (Entitled “Deep Fill Sites Culvert Installations Morris Creek Road

1969”)

The following drawings are a part of this solicitation and any resulting contract:

Title Page

Cover Sheet G-1

Location Map, Control Table & General Notes G-2

Work Requirements & Estimated Quantities G-3

Deep Fill Site 1 Culvert Plan and Profile S1-C

Deep Fill Site 1 Road Plan and Profile S1-R

Deep Fill Site 1 Estimated Quantities S1-Q

Morris Creek Deep Fill Site 2 Stream Plan and

Profile

S2-C

Morris Creek Deep Fill Site 2 Road Plan and

Profile

S2-R

Morris Creek Deep Fill Site 2 Geogrid details &

Boring Logs

S2-D

Morris Creek Deep Fill Site 2 Estimated

Quantities

S2-Q

Morris Creek Deep Fill Site 3 Stream Plan and

Profile

S3-C

Morris Creek Deep Fill Site 3 Road Plan and

Profile

S3-R

Morris Creek Deep Fill Site 3 Boring Logs S3-D

Morris Creek Deep Fill Site 2 Estimated

Quantities

S3-Q

Deep Fill Site 4 Culvert Plan and Profile S4-C

Deep Fill Site 4 Road Plan and Profile S4-R

Deep Fill Site 4 Estimated Quantities S4-Q

Deep Fill Site 5 Culvert Plan and Profile S5-C

Deep Fill Site 5 Road Plan and Profile S5-R

Deep Fill Site 5 Estimated Quantities S5-Q

Deep Fill Site 6 Culvert Plan and Profile S6-C

Deep Fill Site 6 Road Plan and Profile S6-R

Deep Fill Site 6 Estimated Quantities S6-Q

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

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

SECTION F--DELIVERIES OR PERFORMANCE

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)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

After the payment and performance bonds are received and approved by the Contracting Officer, the

Contractor shall be required to (a) commence work in accordance with the accepted work plan (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 15, 2011. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 - 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 prework 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

Specifications, shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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 15 to

October 15.

(c) Transportation Facilities. The project is located approximately 6 miles north of Elk River, Idaho.

From the end of Idaho State Highway 8, a two lane asphalt surfaced road, in the town of Elk River, Idaho, turn left onto road 1705, a two lane asphalt and aggregate surfaced county road and proceed north for 0.4 miles to the intersection with Elk Creek Road 382. Turn left onto road 382, an aggregate surfaced single lane road with turnouts and proceed north for 5.2 miles to the intersection with Morris Creek Road 1969, an aggregate surfaced single lane road with turnouts. Turn left onto road 1969; proceed 1.16 miles on road 1969 to first site. 46˚ 50’ 44‖ N, 116˚ 11’ 57.13‖W

BARRICADES, WARNING SIGNS, AND OTHER DEVICES

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

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

Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

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

Location

Designation

Quantity

On road 1969 at the intersection with road

382.

ROAD CLOSED, mounted on chain link swing gate.

At the property line on

Road 1969E, approx., M.P. 1.3

ROAD CLOSED, mounted on a type III barricade

On road 1969 at the intersection with Road

1969D.

On Road 3205, approximately 500’ from the intersection with road

1969.

LANDSCAPE PRESERVATION

(a) Do not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for treatment. This does not include access roads. 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.

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, and repair damage to vegetation or structures outside the project limits.

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

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 materials 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 material according to 29 CFR 1910.120). Notify the Forest Service in writing 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. When necessary provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

Equipment Fuel/Oil Leakage.

All equipment used for instream work will be cleaned of external oil, grease, dirt and mud; and leaks repaired; prior to arriving at the project site. All equipment will be inspected by the Contracting

Officer’s Representative before unloading at site. Any leaks or accumulations of grease will be corrected before entering streams or areas that drain directly to streams or wetlands.

Equipment used for in-stream or riparian work (including chainsaws and other hand power tools) will be fueled and serviced in an area approved by the CO. When not in use, vehicles will be stored in the designated staging area. The staging area should be in an area that will not deliver fuel, oil, etc. to streams.

Oil-absorbing floating booms, and other equipment such as pads and absorbent ―peanuts‖ appropriate for the size of the stream, will be available on-site during all phases of construction. For small streams with few pools or slack water, booms may not be effective. Use pads and straw bales to anchor booms if necessary. Booms will be placed in a location that facilitates an immediate response to potential petroleum leakage.

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. "Construction equipment" does not include pickup trucks and personal vehicles.

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.

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. NOT USED

KEY PERSONNEL

The key personnel specified in the Offeror's Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification

(including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract.

No diversion shall be made by the Contractor without the written consent of the Contracting Officer:

Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

PREWORK CONFERENCE

Prior to commencement of work, the COR 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

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)

52.204-7 Central Contractor Registration (APR 2008)

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

52.211-18 Variation in Estimated Quantity (APR 1984)

52.219-4 Notice of Price Evaluation preference for HUBZone Small Business Concerns (JUL

2005)

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

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

52.222-3 Convict Labor (JUN 2003)

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

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (FEB 1988)

52.222-9 Apprentices and Trainees (JUL 2005)

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

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

52.222-12 Contract Termination - Debarment (FEB 1988)

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

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 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 (FEB 2009)

52.222-54 Employment Eligibility Verification (JAN 2009)

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)

52.229-3 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 (JUL 2002)--Alternate I (DEC 1991)

52.233-3 Protest After Award (AUG 1996)

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

52.236-2 Differing Site Conditions (APR 1984)

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

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by The Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

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

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

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

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)—Alternate I (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

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

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.246-21 Warranty of Construction (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)

FAR 52.211-18 Variation in Estimated Quantity (APR 1984)

Add the following:

Adjustment of contract prices as described in this section shall not apply to Section 622, Rental

Equipment, Item 62201(a) Excavator Rental, and Item 62201(b) Dump Truck Rental. The Government reserves the right to reduce or eliminate entirely the work under this item with no adjustment in contract unit price.

FAR 52.228-1 Bid Guarantee (SEP 1996) (Applicable to contracts > $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 $3,000,000, 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.

52.228-15 Performance and Payment Bonds—Construction (NOV 2006) (Applicable to contracts >

$100,000)

(a) Definitions. As used in this clause—

―Original contract price‖ means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $100,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid

Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury

Financial Management Service

Surety Bond Branch

3700 East West Highway, Room 6F01

Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

http://www.arnet.gov/far/current/html/FormsStandard4.html#wp1176615 http://www.arnet.gov/far/current/html/FormsStandard5.html#wp1176623 http://www.fms.treas.gov/c570/

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

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.

Order of Precedence--Construction

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

SPECIAL ARRA CLAUSES:

52.203-15 Whistleblower Protections Under The American Recovery And Reinvestment Act of 2009 (Mar

2009)

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

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

52.204-11 American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a) Definitions. As used in this clause—

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

6301, et seq. For discussion of various types of contracts, see FAR Part 16.

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

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009

(Recovery Act). This definition covers only prime contractor positions established in the United States and http://www.arnet.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/lawrevisioncounsel.shtml http://uscode.house.gov/lawrevisioncounsel.shtml http://www.arnet.gov/far/current/html/FARTOCP16.html#wp226194 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.

http://www.arnet.gov/far/current/html/Subpart%202_1.html#wp1145508 http://www.arnet.gov/far/current/html/Subpart%202_1.html#wp1145508

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

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

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

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United

States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of…