Request for Proposal 1202NV20R0002.pdf

IDAWY ACQUISITION SERVICE CENTER INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

IDAWY ACQUISITION SERVICE CENTER

1405 HOLLIPARK DR.

IDAHO FALLS, ID 83401

FAX (208) 557-5829

SOLICITATION NO.: 1202NV20R0002

OFFERS ARE SOLICITED FOR: HAWKS REST BRIDGE REPLACEMENT

IMPORTANT – NOTICE TO OFFEROR:

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

SOLICITATION:

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

2. Section B – Schedule of Items (Pages 4). (Complete Unit Price and Amount)

3. Section K – Representations and Certifications (Pages 54-60) Complete the Representations and Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)

4. Technical Proposal (Page 65-67)

5. Bid Guarantee

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

Return to: IDAWY Acquisition Service Center 1405 Hollipark Drive Idaho Falls, ID 83401 Solicitation No. 1202NV20R0002

**Please keep a copy of your offer for your records.

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE I-2 – FAR 52.204-7 SYSTEM FOR AWARD

MANAGEMENT FOR DETAILS ON HOW TO APPLY.

ALL SOLICITATIONS SHALL BE ISSUED THROUGH HTTPS://BETA.SAM.GOV/. NO PAPER SOLICITATIONS SHALL BE

ISSUED.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH HTTPS://BETA.SAM.GOV/.

https://beta.sam.gov/ https://beta.sam.gov/

1202NV20R0002 Hawks Rest Bridge Replacement Project Bridger-Teton National Forest

TABLE OF CONTENTS

PART I – THE SCHEDULE

• SECTION A – SF-1442, Solicitation Offer and Award

• SECTION B – Supplies or Services and Prices/Costs

• SECTION C – Descriptions/Specifications/Statement of Work

• SECTION E – Inspection and Acceptance

• SECTION F – Description and Performance

• SECTION G – Contract Administration Data

• SECTION H – Special Contract Requirements

PART II – CONTRACT CLAUSES

• SECTION I – Contract Clauses

PART III – LIST OF DOCUMENTS,EXIBITS AND OTHER ATTACHMENTS

• SECTION J – Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTRUCTIONS

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

• SECTION L – Solicitation Provisions

• SECTION M – Evaluation Factors for Award

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

1202NV20R0002

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

04/03/2020

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

994470

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA, Forest Service IDAWY Acquisition Service Center 1405 Hollipark Drive Idaho Falls, ID 83401

USDA, Forest Service IDAWY Acquisition Service Center 1405 Hollipark Drive Idaho Falls, ID 83401

9. FOR INFORMATION

CALL:

A. NAME

Kellie Shaw

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

(208) 557-5766

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):

Hawks Rest Bridge Replacement Project Blackrock Ranger District Bridger-Teton National Forest Teton County, Wyoming

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

11. The Contractor shall begin performance within 10 calendar days and complete it no later than August 15, 2021. This performance period is mandatory, negotiable. (See Section F clause 52.211-10)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1:00 PM local time June 17, 2020. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required. (If “is required” see clause 52.228-1)

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

Duns No. ____________________________

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

1. 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

IDAWY Acquisition Service Center 1405 Hollipark Drive Idaho Falls, ID 83401

USDA, National Finance Center P.O. Box 60000 New Orleans, LA 70160-0001

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

PART--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES

HAWKS REST BRIDGE REPLACEMENT PROJECT

Blackrock Ranger District

Teton County, Wyoming

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

Offerors shall submit pricing on all base and optional items listed on the Schedule of Items.

Failure to comply with the instructions may render your offer nonresponsive and ineligible for contract award.

Prices on the Schedule shall reflect Contractor’s full cost for labor, supervision, overhead costs, and incidental items.

B- 1 - Schedule of Items

Pay Item

Item Description MM* Estimated

Quantity Pay Unit

Unit Price

Amount

151-01 Mobilization ( Includes helicopter) LSQ 1 LS $________ $________

157-13 Soil erosion and pollution control LSQ 1 LS $________ $________

203-01 Removal of Bridge, Disposal Method (a), (c) LSQ 1 LS $________ $________

208-06 Structure Excavation and Backfill LSQ 1 LS $________ $________

272-01 Geocell Abutment Stabilization, 6” Depth LSQ 2 LS $________ $________

552-01 Install 30”x30”x10’ Precast Concrete Grade Beam LSQ 2 LS $________ $________

571-02 Install Prefabricated Modular Steel Trail Bridge LSQ 1 LS $________ $________

TOTAL AMOUNT OFFERED (All Items) $________

* Designated Method of Measurement:

DQ - Designed Quantities, AQ - Actual Quantities, LSQ - Lump Sum Quantities, SQ - Staked Quantities

B- 2 - Payment for Bond Premiums

Payment for bond premiums in accordance with FAR 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.

SECTION C--DESCRIPTION/SPECIFICATIONS

C- 1 - Scope of Contract

This project consists of delivering and installing a 170 foot span prefabricated steel truss trail bridge and 2 precast concrete grade beams. The bridge and grade beams have already been procured and are located at the Blackrock Ranger Station, 8 miles East of Moran Junction on Highway 26/287.

The contract does not include the purchase of the bridge or grade beams.

All work shall be in compliance with the contract documents. Work includes, but is not limited to, transportation and installation of a new pedestrian/stock bridge and grade beams as per the attached plans, and the removal of the existing bridge structure and components.

This bridge is located completely within the designated Wilderness. All Wilderness Act regulations and requirements will apply unless otherwise noted in the contract documents. The COR and the Contracting Officer (CO) will identify a staging/laydown/assembly area at the construction site.

C- 2 - Project Location

The Hawks Rest Bridge spans the Yellowstone River and is located within the Teton Wilderness, approximately 79 miles Northeast of Jackson, Wyoming, 42 miles via US Highway 26/287 and 10 miles down a paved county road – Buffalo Valley Road 30050 to Turpin Meadows Trailhead. From the trailhead, the bridge site is approximately 27 miles via trail #6037 in the Teton Wilderness. The project is in Township 48N, Range 110W, Section 19 on the Bridger-Teton National Forest, Blackrock Ranger District.

C- 3 - Start Work

It is estimated that work will begin August 15, 2020.

C- 4 - Period of Performance

(See Section F, FAR clause 52.211-10)

C- 5 - Government-Furnished Property

The Government will provide the following items of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract. The following items will be government furnished:

• 170 foot span prefabricated steel truss trail bridge

• 2 precast concrete grade beams

A Transfer of Property form (AD-107) shall be signed by the contractor before the Government transfers property to their possession.

C- 6 – Contractor Furnished Property

• All Labor

• All Tools and equipment

• Transportation of all bridge materials that will be supplied by the USFS. Materials will be available at the Blackrock Ranger Station located 8 miles East of Moran Junction on Highway 26/287. It is the responsibility of the contractor to pick and transport materials to work sites.

C- 7 – Biopreferred Products

The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C.

8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

Finding BioPreferred products is simple, using the program’s online catalog. To view the catalog, go to www.biopreferred.gov.

C- 8 – Public Access to Site

The forest requires the contractor to maintain safe public access throughout the duration of the project. Any detours or disruptions to public access will require prior notification and approval from the COR and CO. The contractor must obtain this approval a minimum of 14 days prior to any disruptive action. The trail shall not be closed during the following holidays and special events:

• Memorial Day weekend

• 4th of July weekend

• Labor Day weekend

C- 9 – Site Information and Limitations

The following site conditions are considered incidental to the contract and the contractor will not be paid directly for any of the following items:

• Depending on the snow year, the site is commonly accessible between July 15 and October 30 of most years. However, the best time to access and install the bridge may be between July 15 and September 30.

• Construction sites will be closed to the public during construction. The Forest Service will issue a closure order to the public. The trail and bridge must remain open and passable for the majority of the project. The trail and or bridge may be closed when needed and approved by the Forest Service. The Contractor must notify the Forest Service 14 days in advance of any trail or bridge closure. The Contractor will be responsible for signing and limiting public access with fencing.

C-10 – Resource Protection Measures (RPM)

The contractor shall adhere to the following Resource Protection Measures (RPM) for each resource area:

Wilderness 1.) The contractor will be briefed on minimum impact/leave no trace ethics prior to starting work in the wilderness and will follow minimum impact/leave no trace ethics while working in the wilderness. No camping or overnight holding of pack stock will be permitted at the bridge site for this project.

2.) Pack stock used to support project work will be tied and/or held in such a way as to minimize soil disturbance and avoid loss of native/desirable vegetation.

3.) Pack stock transportation will be restricted to weekdays and non-holidays when possible to minimize impacts to wilderness visitors.

4.) Motorized tools and mechanical transport will be prohibited in the wilderness- except as outlined in the attached approval.

5.) Old bridge materials: Nails, bolts, metal, timber decking, timber railing, and any other bridge materials, excluding concrete piers, shall be removed from the wilderness and Bridger-Teton NF. Concrete piers shall be crushed and used for rip-rap or approach fill material after removal of rebar. Concrete intended for use as riprap or approach fill material shall be stockpiled in locations designated by the COR and rebar shall be removed from the wilderness and Bridger-Teton NF.

6.) Staging of materials, tools and supplies will be coordinated with the COR and Wilderness Specialist to ensure safety for all and avoid conflicts with the general public, Special-Use Permittees, and other users of the trailhead and trail.

7.) The existing bridges will not be deconstructed prior to providing alternative public access that is equivalent to the existing access.

8.) Borrow sources for gravel and fine material must be approved by the Contracting Officer prior to excavating. The borrow source for gravel and fine material shall be weed-free, located off trail, and rehabilitated to a natural appearance following use. Rock will be obtained from the existing piers or collected across a dispersed area to avoid removing noticeable quantities from any single concentrated area. Materials can be located within 1 mile of the project site.

Fisheries/Hydrology 1.) Clearing of riparian vegetation will be minimized to that necessary for bridge construction and generally limited to the immediate bridge sites to conserve existing vegetation for shade and stream bank stability. Instream work shall not occur until after July 15th annually to protect Yellowstone cutthroat trout spawning habitat.

2.) Native materials collected on site (e.g., logs, slash, rock, gravel, fine material, etc.) for construction and rehabilitation activities will be collected from areas outside of the ordinary high water mark (i.e., the bankfull channel).

3.) Best Management Practices (BMPs) for using treated wood in aquatic environments will be followed.

4.) If using any watercraft for this project, the State of Wyoming and the Forest Service require proof of aquatic invasive free equipment for use in Wyoming waters, including a current Wyoming State aquatic invasives sticker. For more information and for Wyoming requirements visit https://wgfd.wyo.gov/ais and https://wgfd.wyo.gov/Fishing-and- Boating/Aquatic-Invasive-Species-Prevention/AIS-Boating-Information

5.) All tools and boots/waders will be cleaned of mud, dirt, or plant materials before entering the National Forest and when leaving the work site to prevent the introduction or spread of aquatic nuisance species.

6.) If fords are improved to accommodate project activities or provide temporary access around the project sites, they will be restored to pre-project conditions upon completion of the project. Any channel or soil disturbance caused by the use of fords during bridge construction will be naturalized using native materials.

Soils

1.) Slash will be used to stabilize bare soils and streambanks during and following project implementation. Slash of mixed sizes (at least 50% < 6 inches diameter) will be placed over approximately 65−70% of the bare soil and streambanks to a depth of approximately 2−3 inches where available (approximately 10-15 tons/acre). Most slash will be in direct contact with the soil surface.

2.) Social trails established during construction that are not part of the National Forest trail system will be decommissioned after use. Decommissioning will include:

a. Scarify and decompact the trail tread to a depth of at least 6 inches using hand tools. Decompaction techniques should avoid mixing topsoil (4-6 inches in depth) with infertile subsoil below (> 6 inches).

b. Native duff will be placed over the decompacted area to re-introduce soil microbial populations and native seed.

c. Slash will be placed over decommissioned trails to provide shading and prevent erosion.

Wildlife 1.) To eliminate the chance of habituating grizzly and black bears and other wildlife, food and garbage will be stored in a hard sided vehicle or other approved bear resistant container https://wgfd.wyo.gov/ais https://wgfd.wyo.gov/Fishing-and-Boating/Aquatic-Invasive-Species-Prevention/AIS-Boating-Information https://wgfd.wyo.gov/Fishing-and-Boating/Aquatic-Invasive-Species-Prevention/AIS-Boating-Information throughout the duration of the project. Food and other bear attractants will be stored in compliance with the Bridger-Teton National Forest Food Storage Order. (See Food Storage Order)

2.) If any threatened, endangered, or sensitive species are located/encountered during project layout or implementation, the CO will be notified. The CO will consult with the botanist, wildlife, or fisheries biologist. Management activities will be altered, if necessary, so the resource is protected. A list of threatened, endangered or sensitive species will be provided to the contractor prior to issuing a notice to proceed.

Cultural Resources

1.) If previously unrecorded heritage resources are encountered during project implementation, activities will be halted and the CO will be notified. The CO will consult with the archeologist. If necessary, additional RPMs will be devised in consultation with the State Historic Preservation Office.

Botany

1.) If new occurrences of Federally-listed or Region 4 sensitive plants are detected within the project area, activities will be halted, and the CO will be notified. The CO will consult with the botanist so protective measures may be revised, additional buffers implemented, or activity timing restrictions applied. The a list will of sensitive plants will be provided to the contractor prior to issuance of the notice to proceed.

2.) All revegetation efforts will use native material collected on site.

Noxious Weeds 1.) In order to prevent the introduction or potential spread of nonnative, or noxious weeds the contractor will be required to clean all equipment, tools, and supplies prior to entering the National Forest.

2.) Implement required weed protection measures outlined in Forest Service Manual 2080 (Noxious Weed Management) including:

a. The Forest requires all hay and straw to be certified Weed Free, and the contractor will be required to furnish proof of certification. Stock should be fed weed free feed 1-2 days prior to entering the National Forest. Brush stock to remove any weed seed prior to entering the Forest. Work crews will regularly inspect, remove, and properly dispose of weed seed and plant parts found on their clothing and tools.

C-11 – Camping

This bridge project is located completely within the designated Wilderness. All Wilderness Act regulations and requirements will apply unless noted otherwise in the contract documents. Limited camping for project personnel may be allowed at the site with permission of the COR. The Teton Wilderness Regulations are included as an attachment to Section J.

Food and other attractants shall be stored in compliance with the Bridger-Teton National Forest Food Storage Order – Exhibit 2.

C-12 – Staging and Storage Areas

Areas for staging/laydown/assembly will be identified by the COR and Contracting Officer (CO) at the construction site.

C-13 – Inspection of Worksite

The contractor acknowledges that they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the Government.

SECTION D – PACKAGING AND MARKING

(For this Solicitation, there are NO clauses in this Section)

SECTION E--INSPECTION AND ACCEPTANCE

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

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

Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E- 2 – Pre-Final and Final Inspection

a. Pre-final Inspection: The Government may, at its own discretion, conduct a pre-final inspection prior to the contractor requesting a final inspection. Any discrepancies noted shall be corrected prior to final inspection.

b. Final Inspection: When the work is ready for final inspection, the Contractor shall submit a written request for the final inspection to the duly assigned Contracting Officer’s Representative at least seven (7) days prior to the desired final inspection date. The final inspection will be performed with the Contractor by the appropriate Government personnel. If any discrepancies are noted, they shall be handled in accordance with 52.246-12.

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):

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 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than August 15, 2021. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

(For this Solicitation, there are NO clauses in this Section)

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

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

Also, the full text of a clause may be accessed electronically at this/these address(es):

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H- 2 - AGAR 452.237-74 Key Personnel (FEB 1988)

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

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

H- 3 – Field Work Notice

The project area is located in the Teton Wilderness on the Blackrock Ranger District on the Bridger- Teton National Forest. The contractor will be exposed to natural conditions including, but not limited to, traveling over uneven and rocky terrain, encounters with bears and other wildlife, and inclement weather. The contractor is responsible for ensuring that all employees are trained and have proper safety equipment prior to commencing work in the project area.

H- 4 - Fire Control

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

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

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

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

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

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax.

Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

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

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

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

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

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

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

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

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

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

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

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

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

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

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

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

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

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

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

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

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

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

(12) Pump and Trailer. Not required

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

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

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

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

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

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

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

H- 5 - Incidental Payment Items

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

H- 6 - Conformity With Drawings and Specifications

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

"Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H- 7 - Local Material Sources

(a) Designated Sources--Sources of local materials will approved by the Contracting Officer’s Representative. The Government does not assume responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

(b) Contractor-Furnished Sources--When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor-furnished source material result in financial disadvantage to the Government. Quality testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

H- 8 - Samples, Tests, Cited Specifications

Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

H- 9 – Traffic Control and Construction Signing

No work that endangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the contractor and approved by the COR. 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.

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 traffic control signs shall be placed in areas adequate for a truck pulling a fifth wheel trailer to be turned around. Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items.

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.

H-10 – Safety of Operations

The Contractor shall provide a project specific Safety Plan. At a minimum, each Safety Plan shall conform to all OSHA requirements including Section 1926.106. No work on site shall be performed until a Safety Plan has been submitted by the Contractor and approved by the COR.

H-11 - 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.

H-12 – Work Schedule

A Work Schedule shall define the overall time required to perform the identified work. Each major task, including beginning time and ending time, shall be identified within the schedule. Notify the Contracting Officer whenever there are significant departures from the approved Work Schedule.

Submit any requests to modify the Work Schedule, in writing to the Contracting Officer with an explanation for the deviation.

H-13 - Subcontract Data

The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be submitted before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flowdown" contract clauses have been included in their contract in accordance with FAR Clause 52.222-11. Completing this form creates no contractual relationship between subcontractors and the Government.

H-14 - Site Superintendent

It shall be the responsibility of the Contractor to provide a responsible site superintendent to represent the Contractor in the field in all matters under this contract including, but not limited to construction, day-to-day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent shall be designated in writing. They shall be available on site in person to respond to any and all problems during normal working hours. The site superintendent shall be responsible for on-site Quality Control.

Site superintendent shall maintain on site a file containing the following project documents.

• Executed Copy of the Contract

• Contract Drawings

• Contract Specifications

• Quality Control Plan – (up to date)

• As-Built Drawing – (up to date) if required

• Work Orders

• Modifications

This file shall be maintained and available to the Contracting Officer upon request. If the Site Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent.

H-15 - Designation of Contracting Officer Representative

Prior to the commencement of work, the COR will be designated. The COR is responsible for administering the performance of the work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by the Contracting Officer prior to the completion of this contract.

H-16 – Washing Equipment

All construction equipment shall be pressure washed before entering National Forest System lands.

The removal of mud and debris from treds, tracks and undercarriage, with emphasis on axles, frame, cross-members, motor mounts, and underneath steps, running boards, and front bumper/brushguard assemblies will be required. The purpose is to reduce or eliminate the transportation of noxious weeds, which is required by Federal and State regulations.

Notify the Contracting Officers Representative (COR) 48 hours in advance of mobilizing equipment to the site to arrange an inspection.

H-17 – Fuel Storage

A written Hazardous Spill Plan may be required for projects which involve fuel storage and refueling actions. The plan shall 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. Equipment and materials will be specific to each project site, and can include spill kits appropriately sized for specific quantities of fuel, shovels, absorbent pads, straw bales, containment structures and liners, and/or booms. Storing and refueling areas will be located in staging areas away from streams in areas where a spill would not have the potential to reach live water. Containment structures may be necessary if prevention of spilled material from reaching live water cannot be assured.

Should quantities of stored fuel for a project exceed 660 gallons in a single tank; or exceed 1320 gallons for all storage combined; contractors and agency operators will be required to have a standard EPA written Spill Prevention Control and Containment (SPCC) Plan onsite, which describes measures to prevent or reduce impacts from potential spills from fuel, hydraulic fluid, etc.

(40 CFR 112, Oil Pollution Act relating to SPCC Plans).

Storage of fuel and other toxicants within Riparian Conservation Areas (RCA – within 300 feet of live streams) is prohibited. Refueling of equipment may be done within the RCA only at locations approved by the Contracting Officer (CO). Centrifugal pumps used for removing water from structure excavation shall sit in a secondary spill container with sufficient capacity to contain the quantity of fuel in the pump fuel tank. A Spill Prevention & Containment Plan is required and shall be submitted to the CO for approval prior to beginning construction. A spill containment kit shall be available on site that is to accommodate potential spills from the equipment used during construction.

H-18 – Sanitation and Servicing

Contractor shall take all reasonable precautions to prevent pollution of air, soil, and water by Contractor’s Operations. If facilities for employees are established on Contract Area, they shall be operated in a sanitary manner. In the event that Contractor’s Operations or servicing of equipment result in pollution to soil or water, Contractor shall conduct cleanup and restoration of the polluted site to the satisfaction of Forest Service.

Contractor shall maintain all equipment operating on Contract Area in good repair and free of abnormal leakage of lubricants, fuel, coolants, and hydraulic fluid. Contractor shall not service tractors, trucks, or other equipment on National Forest lands where servicing is likely to result in pollution to soil or water. Contractor shall furnish oil-absorbing mats for use under all stationary equipment or equipment being serviced to prevent leaking or spilled petroleum-based products from contaminating soil and water resources. Contractor shall remove from National Forest lands all contaminated soil, vegetation, debris, vehicle oil filters (drained of free-flowing oil), batteries, oily rags, and waste oil resulting from use, servicing, repair, or abandonment of equipment.

H-19 – Prevention of Oil Spills

If Contractor maintains storage facilities for oil or oil products on Contract Area, Contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

If the total oil or oil products storage exceeds 1,320 gallons in containers of 55 gallons or greater, Contractor shall prepare a Spill Prevention Control and Countermeasures Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer.

Contractor shall notify Contracting Officer and appropriate agencies of all reportable (40 CFR 110) spills of oil or oil products on or in the vicinity of Contract Area that are caused by Contractor’s employees agents, contractors, Subcontractors, or their employees or agents, directly or indirectly, as a result of Contractor’s Operations. Contractor will take whatever initial action may be safely accomplished to contain all spills.

H-20 – Hazardous Substances

Contractor shall notify the National Response Center and Contracting Officer of all releases of reportable quantities of hazardous substances on or in the vicinity of Contract Area that are caused by Contractor’s employees, agents, Subcontractors or their employees or agents, directly or indirectly, as a result of Contractor’s Operations, in accordance with 40 CFR 302.

H-21 – Streamcourse Protection

“Streamcourses” are subject to provisions of this Section. Unless otherwise agreed, the following measures shall be observed to protect Streamcourses:

(a) Contractor’s Operations shall be conducted to prevent debris from entering…