RFP_12363N24R4005.pdf
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- Attached to
- NFSR #250 Reconstruction (M. P. 29. 30 to M. P. 47. 28) - R1, Nez Perce-Clearwater NFs, North Fork RD
- Solicitation number
- 12363N24R4005
- Issued by
-
Department of Agriculture Forest Service
About this file
This document is a Request for Proposals (RFP) for the NFSR #250 Reconstruction project on the Nez Perce-Clearwater National Forests in Idaho. The objective is to correct drainage issues and replace end-of-life culverts along approximately 18 miles of National Forest System Road 250, a heavily used recreational route. The work requires removing existing culverts and installing 62 new corrugated metal culverts of varying sizes, as well as reconditioning the roadway. The project is estimated to cost between $250,000 and $500,000. Due to the proximity to the Clearwater River, work must be performed between July 1 and October 31 each year. Offers are due by May 13, 2024, and the contractor must commence work by July 1, 2024, with at least 25% of the culvert work completed by October 31, 2024. The government will provide aggregate surface course and riprap materials. Bid bonds are required, and performance and payment bonds will be required from the awardee. This is a full and open competition procurement using US Forest Service stewardship funding.
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OFFEROR'S COPY
NOTE: Attached forms must be completed and submitted intact.
Solicitation No. 12363N24R4005 HELP PREVENT FOREST FIRES
IMPORTANT - NOTICE TO OFFEROR
1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.
2. Note: An offer guarantee (Bid Bond) IS REQUIRED. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)
Issuing Office:
USDA - Forest Service Procurement Property and Services National Stewardship Branch 201 N. Pine Street
Sisters, OR 97759
Offers Are Solicited For:
NFSR #250 Reconstruction M.P. 29.30 - M.P. 47.28
North Fork Ranger District
Nez Perce-Clearwater National Forests Clearwater County, Idaho
TABLE OF CONTENTS
Page(s)
PART I - THE SCHEDULE
SECTION A - SOLICITATION/CONTRACT FORM 5-6
SECTION B - SUPPLIES OR SERVICES AND PRICES
B.1 - Schedule of Items 7 - 8 B.2 – Schedule Notes
SECTION C - DESCRIPTION/SPECIFICATIONS 9 - 13
C.1 – Project Description and Location C.2 – Standard Specifications C.3 – Supplemental Specifications C.4 – Drawings C.5 - AGAR 452.211-73 Attachments to Statement of Work/Specifications C.6 - Biobased Product Utilization
SECTION D – PACKAGING AND MARKING 14
D.1 – Project Labeling for Official Correspondence
SECTION E - INSPECTION AND ACCEPTANCE 15
E.1 – Inspection of Construction
SECTION F - DELIVERIES OR PERFORMANCE 16
F.1 - Clauses Incorporated by Reference F.2 - Commencement, Prosecution, and Completion of Work Alternate I
SECTION G – CONTRACT ADMINISTRATION DATA 17
G.1 – Post Award Conference G.2 – Contracting Officer’s Representative
SECTION H - SPECIAL CONTRACT REQUIREMENTS 18 - 28
H.1 – Key Personnel H.2 - Conditions on Use of Premises H.3 – Physical Data H.4 - Noxious Weed Control H.5 - Barricades, Warning Signs, and Other Devices H.6 – Other Factors Affecting the Work H.7 - Landscape Preservation H.8 – Fire Control
H.9 - Loss, Damage, or Destruction H.10 - Samples, Tests, Cited Specifications
H.11 - Invoice Processing Platform (IPP) H.12 - Incidental Payment Items H.13 – Idaho Worker’s Compensation Law
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES 29 - 39
I.1 - Clauses Incorporated by Reference I.2 - Buy American - Construction Materials I.3 - Bid Guarantee I.4 – Individual Surety – Pledge of Assets I.5 - Performance and Payment Bonds – Construction I.6 – Individual Surety – Pledge of Assets (Bid Guarantee) I.7 - Order of Precedence – Construction I.8 – Authorized Deviations in Clauses
PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 40
J.1 – Attachments: Forest Service Supplemental Specifications, Reconstruction Plans, Reconstruction Pay Item, Construction Wage Decision
PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER 41 - 49
STATEMENTS OF OFFERORS AND RESPONDENTS
K.1 - Annual Representations and Certifications K.2 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment K.3 – Violation of Arms Control Treaties or Agreements-Certification K.4 – Notice of Price Evaluation Preference for HUBZone Small Business Concerns
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 50 - 55
AND RESPONDENTS
L.1 - Solicitation Provisions Incorporated by Reference L.2 - Instructions for the Preparation of Technical and Business Proposals L.3 - Type of Contract L.4 - Construction Wage Rate Requirements—Secondary Site of the Work L.5 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction L.6 - Notice of Buy American Requirements - Construction Materials L.7 - Service of Protest L.8 - Site Visit (Construction)
L.9 - Alternative Forms of Security
SECTION M - EVALUATION FACTORS FOR AWARD 56 - 57
M.1 - Evaluation Criteria M.2 – Proposal Evaluation
OMB APPROVAL NO. 2700-0042
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
12363N24R4005
2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED
04/11/2024
PAGE OF PAGES
IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.
4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
1120591
6. PROJECT NO.
7. ISSUED BY CODE 8. ADDRESS OFFER TO
USDA - Forest Service Procurement Property and Services National Stewardship Branch 201 N. Pine Street Sisters, OR 97759
USDA - Forest Service Procurement Property and Services National Stewardship Branch 201 N. Pine Street Sisters, OR 97759
9. FOR INFORMATION
CALL:
a. NAME
KAREN RUKLIC
b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
(208) 702-3519 OR EMAIL: karen.ruklic@usda.gov
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):
NFSR #250 RECONSTRUCTION - M.P. 29.30 TO M.P. 47.28
North Fork Ranger District Nez Perce-Clearwater National Forests
Clearwater County, Idaho
Price Range: The Government’s estimate is between $250,000-$500,000
**ALL OFFER DOCUMENTS, INCLUDING A SCANNED COPY OF THE FULLY EXECUTED BID BOND, SHALL BE SUBMITTED ELECTRONICALLY TO KAREN RUKLIC AT karen.ruklic@usda.gov AND RECEIVED
BY MONDAY, MAY 13, 2024 AT 3:00 PDT. SEE SECTION L FOR DETAILS.
11. The Contract time shall begin upon receipt of contract notice to proceed and shall be completed no later than October 31, 2025. This performance period is mandatory, negotiable. (See Section F, Clause 52.211-10, Alt I)
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. Offers to perform the work required are due as specified in Item 10 by 3:00 pm local time Monday, May 13, 2024. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing bid bonds 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 AGAR Clause 452.228-70)
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 45 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) mailto:karen.ruklic@usda.gov
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
15. TELEPHONE NO. (Include area code)
UEID: ______________________________
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.)
PLEASE COMPLETE THIS BLOCK
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 363N 27. PAYMENT WILL BE MADE BY
USDA - Forest Service Procurement Property and Services National Stewardship Branch
201 N. Pine Street Sisters, OR 97759
All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.
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 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)
KAREN RUKLIC
30b. SIGNATURE
30c. DATE
31b. UNITED STATES OF AMERICA
BY
31c. DATE
Computer Generated STANDARD FORM 1442 BACK (REV.
http://www.ipp.gov/
Solicitation No: 12363N24C4005 Project Name: NFSR #250 Reconstruction - M.P. 29.30 to M.P. 47.28
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
NFSR #250 RECONSTRUCTION - M.P. 29.30 TO M.P. 47.28
NEZ PERCE-CLEARWATER NATIONAL FORESTS
CLEARWATER COUNTY, IDAHO
B.1 SCHEDULE OF ITEMS
* Designated Method of Measurement: CQ=Contract Quantity; AQ= Actual Quantity; LS=Lump Sum
Pay Item
FSSS - Description
Method of
Measure*
Pay Unit
Est Qty Unit Price Total Amount
1 15101 - Mobilization Lump Sum
Lump Sum All $_XXXX_ $________
2 20302 - Removal Of CMP, Disposal Method A, Compaction Method 2 AQ Each 58 $________ $________
3 20424A - Drainage Excavation, Culvert CQ Cubic
Yard 527 $________ $________
4 25104 - Keyed Riprap, Class III, Government Source CQ Cubic
Yard 12 $________ $________
30207 - Aggregate Surfacing, Grading F, Placement Method 2, Government Source
CQ Cubic Yard 1,382 $________ $________
6 30315 - Roadway Reconditioning, Placement Method 2 AQ Mile 17.98 $________ $________
60201A - 18 Inch Pipe Culvert, .064 Inch Thickness Steel, .075 Inch Thickness, Compaction Method 2
AQ Feet 1,626 $________ $________
60201B - 24 Inch Pipe Culvert, .064 Inch Thickness Steel, .075 Inch Thickness Aluminum W/ Neoprene Gasket, Compaction Method 2
AQ Feet 516 $________ $________
60201C - 36 Inch Pipe Culvert, .064 Inch Thickness Steel, .075 Inch Thickness Aluminum W/ Neoprene Gasket, Compaction Method 2
AQ Feet 230 $________ $________
60201P - 18 Inch Pipe Culvert, Dual Wall Plastic Pipe, Compaction Method 2, Government Source
AQ Feet 60 $ $
11 62501 - Turf Establishment, Dry Method CQ Acre 12.59 $________ $________
Total All Items: $________
B.2 SCHEDULE NOTES
a) One award will be made from this solicitation, contractors must submit total amounts for all items and unit prices for all items not designated as Lump Sum. Provide unit prices to the nearest cent and do not round the extended totals.
b) Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price.
Include bond payments under 151.01 Mobilization. Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted. The above pay items are contract quantities unless noted.
c) 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 regulations applicable to the performance of the work. Questions regarding the assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission at (208) 334-7660; email taxrep@tax.idaho.gov. See Section C-1(h) for a description of the GFP to be provided under this contract.
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 - PROJECT DESCRIPTION AND LOCATION
(a) Objective and Backgrounds:
The objective of the NFSR #250 Reconstruction project is to address the impacts of ineffective shaping and drainage on the National Forest System Road (NFSR) 250 as well as replace end-of-life drainage structures. The project will improve the drivability and drainage of the road system. NFSR #250 is a heavily used route that travels along the Nork Fork of the Clearwater River. It is an incredibly popular area for fishing and outdoor recreation. This project is being performed on the North Fork Ranger District of the Nez Perce-Clearwater National Forests.
U.S. Forest Service stewardship funds are being utilized to accomplish watershed restoration objectives while supporting the local economy.
(b) Scope of Work:
The work required by this project consists of the reconstruction and maintenance of approximately 18 miles of Forest road. Due to heavy use by recreationists, no road closures shall be allowed during the prosecution of work, only traffic delays as specified in FSSS – Part 156 Public Traffic. The contractor must furnish all labor, equipment, structures, supervision, transportation, operating supplies (except those designated as Government-furnished), and incidentals necessary to complete the project as required by the contract, plans and specifications.
(c) Description of Work:
The NFSR #250 Reconstruction project requires removal of existing culverts and installation of 62 corrugated metal culverts of varying lengths with diameters of 18", 24", and 36". Additional pieces of equipment (i.e. excavators, backhoes, etc.), laborers, or other innovative methods beyond what could be considered standard, may be required at each culvert replacement site to speed work completion and minimize traffic delays. Contractors shall demonstrate their ability to comply with FSSS 156 Public Traffic within the Technical Proposal submitted.
Work also includes reconditioning the roadways to provide clean ditches and catch basins and appropriate drainage. Riprap, to address a fill slope failure, and aggregate surface course, for installation at culvert replacement locations, shall be supplied by the Government.
(d) Project Location:
The project site is on NFSR 250.
The project location is approximately 30 miles North of Pierce, Idaho. Travel south of Pierce, Idaho via Idaho Highway 11 to NFSR 100 to the intersection with NFSR 250. Work begins on M.P. 29.30 of NFSR 250 and ends on M.P. 47.28 NFSR 250.
This project is located on the North Fork Ranger District in Protracted Blocks (PB) 45, 44, 43, 42, 37 and Section 20, 17, 16, 12, 11 in Township 38 North, Range 8 East, Section 6 in Township 38 North, Range 9 East, and Section 32, 31, 29, 28, 22, 21, 15, 14, 13 in Township 39 North, Range 9 East of the Boise Meridian.
(e) Price Range: The Government cost estimate is between $250,000 and $500,000.
(f) Pre-Bid Tour: None.
(g) Period of Performance Construction work may commence on or after 7/1/2024. No less than 25% of the total linear feet of corrugated metal pipe required shall be installed by 10/31/2024. Work during the 2025 field season may commence on or after 7/1/2025. All work shall be completed by October 31, 2025.
**Due to its close proximity to the North Fork of the Clearwater River and fish habitat concerns, road reconstruction work shall be performed between July 1st and October 31st. Work outside of this period is prohibited.
(See Section F, FAR Clause 52.211-10 Alt I).
(h) Government-Furnished Property
The following property shall be supplied for use without charge:
• Pay Item 4 – FSSS 25104 - Keyed Riprap, Class III, location: gather along NFSR 250 or at specific sources. These sources are found at M.P. 19.30, 21.25, and 47.24.
• Pay Item 5 – FSSS 30207 - Aggregate Surfacing, Grading F, location: sources are found on NFSR 250, M.P. 18.77 and M.P. 47.24.
• Pay Item 10 – FSSS 60201P - 18 Inch Pipe Culvert, Dual Wall Plastic Pipe, location:
Government storage yard.
This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause 52.245-1 contained in Section I of the contract.
C.2 – STANDARD SPECIFICATIONS
Standard Specifications for Construction and Bridges on Federal Highway Projects, FP-14, U.S.
Customary Units are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of the solicitation and any resultant contract.
Copies of the Specifications are available by performing an internet search for the FP-14.
C.3 – SUPPLEMENTAL SPECIFICATIONS
Technical specifications tp supplement the Standard FP-14 Specifications have been prepared for NFSR #250 Reconstruction. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract. The technical specification listed below are found in a separate attachment in Section J.
SUPPLEMENTAL SPECIFICATION LIST
NEZ PERCE-CLEARWATER NATIONAL FORESTS
SPEC. No. SPECIFICATION TITLE FSSS 101 Terms, Format, and Definitions FSSS 102 Bid, Award, and Execution of Contract FSSS 103 Scope of Work FSSS 104 Control of Work FSSS 105 Control of Material FSSS 106 Acceptance of Work FSSS 107 Legal Relations and Responsibility to the Public FSSS 108 Prosecution and Progress FSSS 109 Measurement & Payment FSSS 153 Contractor Quality Control FSSS 155 Schedules for Construction Contracts FSSS 156 Public Traffic FSSS 157 Soil Erosion and Sediment Control FSSS 201 Clearing and Grubbing FSSS 202 Additional Clearing and Grubbing FSSS 203 Removal of Structures and Obstruction FSSS 204 Excavation and Embankment FSSS 209 Structure Excavation and Backfill FSSS 212 Linear Grading FSSS 213 Subgrade Stabilization FSSS 301 Untreated Aggregate Courses FSSS 302 Minor Crushed Aggregate FSSS 303 Road Reconditioning FSSS 625 Turf Establishment FSSS 633 Permanent Traffic Control FSSS 703 Aggregate FSSS 704 Soil FSSS 705 Rock
C.4 – DRAWINGS – Entitled NFSR #250 RECONSTRUCTION - M.P. 29.30 TO M.P. 47.28.
The following drawings are a part of this solicitation and any resulting contract are found in a separate attachment in Section J.
TITLE OR NUMBER SHEET
S
Title 1 Project Map 2 Summary of Quantites & General Notes 3 Typical Sections 4 Fill Slope Benching 5 Riprap Wall Detail 6 Turnout And Turnaround Details 7 Culvert Details 8 Culvert With Catch Basin Detail 9 Catch Basin Detail 10 Outlet Ditch Detail 11 Dewatering Plan 12 Worklist 13 Worklist (2) 14 Worklist (3) 15 Worklist (4) 16 Worklist (5) 17 Worklist (6) 18 Worklist (7) 19 Worklist (8) 20 Worklist (9) 21 Worklist (10) 22
C.5 - AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.
C.6 – BIOBASED PRODUCT UTILIZATION
The Contractor must comply with the Agriculture Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 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, Transportation Management,” dated January 24, 2007; and Presidental Memorandom, “Driving Innovation and
Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated Febuary 2012, to provide biobased products.
The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).
The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.
Hydraulic Fluids Penetrating Lubricants Degreasers Absorbants Diesel Fuel Additives Greases Dust Suppressants 2-Cycle Engine Oil Sorbents Adhesive and Mastic Removers Cleaners Concrete/Asphalt Release Fluids Composite Panels Sealers Wood and Concrete Sealers Graffiti and Grease Removers Stain Removers Metalworking Fluids
Biobased products that are designed for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.
In addition to the biobased products designed by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available products.
Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).
A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.
http://www.biopreferred.gov/
SECTION D--PACKAGING AND MARKING
D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE
The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
52.246-12 Inspection of Construction (AUG 1996)
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):
Federal Acquisition Regulation (FAR) Clauses:
https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA
52.211-18 Variation in Estimated Quantity (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 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 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 10/31/2025. In addition, no less than 25% of the total linear feet of corrugated metal pipe required shall be installed by 10/31/2024. The time stated for completion shall include final cleanup of the premises.
** Due to the proximity of NFSR #250 to the North Fork of the Clearwater River and fish habitat concerns, road reconstruction work at the project site shall be performed between July 1st and October 31st only. Work outside of this period is prohibited.
**In accordance with the Forest Service Supplemental Specifications, Part 156 – Public Traffic, delays may not exceed 180 minutes at any one time followed by an open period of no less than 30 minutes. Road delay signs shall be placed adjacent to ongoing construction. Traffic shall only be delayed at one segment of road at a time. Multiple culverts may be replaced within that segment. When road width allows, one lane shall remain open to minimize delays.
Traffic shall flow unimpeded with no delays from 6:00 pm to 7:00 am Monday to Friday and on weekends and holidays.
Alternate I (APR 1984) The completion date is based on the assumption that the successful offeror will receive the Notice to Proceed by July 1, 2024. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled within 15 days of commencement of work. The conference will be held at the Nez Perce Clearwater National Forest’s Office, 12730 Highway 12, Orofino, ID and will include discussion of such topics as contract terms and work performance requirements, work progress schedule and safety plans.
G.2 CONTRACTING OFFICER'S REPRESENTATIVE
The Contracting Officer (CO) 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
H.1 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 sfficent 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 during the course of the contract to either add or delete personnel, as appropriate.
H.2 CONDITIONS ON USE OF PREMISES
(a) Camping will be allowed only at the sites designated on the project maps or approved in advance by the District Ranger.
(b) The camp area shall be maintained to present a clean, neat, and orderly appearance.
Disposal of trash and debris, unusable machinery, Forest Service authorized improvements, etc., shall be kept current. Building materials, firewood, etc., shall be neatly stacked.
(c) Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. No improvements of a permanent nature shall be constructed without prior written approval of the Contracting officer.
(d) The campsite shall be left in a clean condition. Any clean-up work not accomplished by the Contractor at time of camp closure will be done by the Forest Service, and the actual cost of such clean-up will be deducted from payment otherwise due the Contractor. Final payment will not be authorized until the campsite has been cleaned up and the site is approved by the Contracting Officer. Reusable native material may be neatly staked for future use.
(e) Vegetation shall be undisturbed to the maximum extent possible. The Contractor will be permitted to cut only those trees designated by the CO.
(f) Storage of petroleum products in excess of 50 gallons at the campsite will require the approval of the CO. All petroleum spills shall be immediately cleaned up. All spills shall be reported immediatly to the CO or CO. Spills over 25 gallons or that cause a sheen on surface water shall be reported to the Idaho State Department of Enviromental Quality. No waste disposal of petroleum product will be permitted on National Forest land.
(g) Chemical toilets are preferred for all campsites, however, the Contractor may be permitted to construct a slit trench when conditions warrant. Any slit trench constructed shall not be located closer than 400 feet to any live stream and is subject to approval of the CO. The trench shall be covered and the area restored to as natural a condition as possible when the camp is closed.
(h) Refuse including waste materials, garbage, and rubbish of all kinds, shall be disposed of in the following manner, and shall guard the purity of streams and living waters:
Garbage, trash, sewage waste, and other litter shall be kept in closed fly-proof containers and periodically hauled to an approved disposal facility located outside of the National Forest.
(i) Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would result in substantial harm to fish and wildlife or to human water supplies.
(j) No waste or by-products shall be discharged if it contains any substances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies.
(k) Waste water shall be disposed of in a leach pit located at least 300 feet from springs, streams, and lakes. Pit location is subject to written permission from the Contracting Officer. The pit shall be a minimum of 2 x 2 x 2 feet and shall be filled with rock two to eight inches in diameter. The leach pit shall be covered with at least two feet of compacted soil when the camp is closed.
(j) Areas for staging operations and storage of materials shall be approved by the CO. The Contractor must request in writing for approval from the CO to stage trailers on site.
Overnight camping is commercially available near the project area. The contractor must provide toilets and sanitary facilities at each work location for its employees.
H.3 PHYSICAL DATA (FAR 52.236-4) (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 drawings and in the specifications are the result of site investigations by the U.S. Department of Agriculture, Forest Service.
Features shown on the plan & profile sheets were identified by visual observation during the preliminary location and survey and during a "plans in hand" review.
(b) Weather Conditions – Normal snow conditions indicate a work season from approximately June 15 to October 31.
(c) Transportation Facilities NFSR 250 is a 23' wide lane asphalt road until mile post
18.30 where it becomes a 18' gravel road. It is the Contractor’s responsibility to coordinate with appropriate State and County offices to ensure that load limit restrictions are met and/or proper permits are obtained for bridges and roads.
H.4 - NOXIOUS WEED CONTROL: (2/96) In order to prevent the potential spread of noxious weeds into work areas, the 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 the work area. 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 equiopment shall be treated in the same manner as initial move-in.
Prior to the initial move-in, and all subsequent move-ins, the Contractor shall make all construction equipment available for inspection by the Forest Service at an agreed upon location off Forest Service land. The Contractor shall give the Forest Service at least 48 hours advance notification when equipment is ready for inspection.
Straw/Hay Bales and erosion controll devices shall be certified as “Weed Free.” The source field shall be inspected and certified by the county extension agent from the county that the straw/hay is grown. Each shipment onto the forest shall be accompanied by a certification tag stating that it is weed free. The contractor shall furnish the Forest Service with a statement of certification.
H.5 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 (MUTCD), published by the Federal Highway Administration and applicable safety codes. The MUTCD can be read or downloaded at https://mutcd.fhwa.dot.gov/.
H.6 OTHER FACTORS AFFECTING THE WORK
PETROLEUM PRODUCTS
Storage of more than 200 gallons of petroleum products on the project must be done under the rules and regulations of the State of Idaho Forest Practices Act (IDAPA 20.02.01) and Pacfish Standard RA-4. A partial list of these requirements are listed below.
(a) Storage containers shall be sited within a constructed dike of sufficient size to contain 125% of the volume of the petroleum products stored in the tanks.
(b) The storage areas shall be located more than 300 feet from any existing stream courses.
Fueling of equipment shall be done in a manner to eliminate potential spills.
(a) Transfer trucks shall be limited to 200 gallons maximum.
(b) Fueling of equipment shall take place a minimum of 300 feet from any stream course. If this requirement cannot be met a written spill plan must be approved by the CO.
(c) All spills shall be reported immediately to the CO. Spills over 25 gallons or that cause a sheen on nearby surface water must be reported to the Idaho Division of Environmental Quality.
No more than 5 gallons of fuel within 100 feet of a stream are allowed at any one time and storage of more than 5 gallons of fuel requires spill containment measures.
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.
ENVIRONMENTAL PROTECTION
Prevention of Oil Spills.
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 absorbant pads in place during use.
When storage facilities for oil or oil products are on site, appropriae preventative measures shall be taken to insure that any spill of such oli 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.
Fuel and service all equipment only in the areas approved by the Contracting Officer. If the total oil or oil products storate exceed 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.
The Contractor shall ensure that all personnel involved in handing and packaging the hazardous waste are trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Provide handling and personal protective equipment appropriate to ensure safe handling of the hazardous waste according to 29 CFR 1910.120). Notify the Forest Service of all hazardous material that may be brought onto the National Forest.
The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. The contractor must clean up spills or leaks in a manner that complies with Federal, State, and local laws and regulations and to the satisfaction of the CO. Any spills resulting in a detectable sheen on water shall be reported to the EPA National Response Center (1-800-424-8802). Any spills over 25 gallons will be reported to the Idaho Division of Environmental Quality and cleanup will be initiated within 24 hours of the spill. When available provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.
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 Contractiing 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.
The Contractor is required to have a Spill Kit or equivalent that contains oil-absorbing floating booms, and other equipment such as pads and absorbant “peanuts” appropriate for the size of the stream, 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.
H.7 LANDSCAPE PRESERVATION
(a) The Contractor shall confine operations to within the clearing limits or other areas designed in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material, which falls outside of these limits, shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.
(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, resevoirs, etc.).
(c) Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.
H.8 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 hand tool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.
(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:
One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.
One - shovel, round point #0 lady or equal.
One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.
One - water container (at least 1-gallon capacity), not required with stationary equipment.
(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.
(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:
One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.
One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.
Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.
(5) 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.
(6) 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.
(7) Warming Fires. Such fires must not be left unattended.
(8) 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.
(9) 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.
(10) 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.
(11) 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: The Contractor shall provide at a location satisfactory to the
Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity which shall be mounted to a live hose reel with a minimum of 100 feet of hose not less than (3/4) inch INSIDE diameter of non-collapsible (booster) hose with combination nozzle. Hose shall be connected to the water supply.
The tank shall be attached to the chassis frame or to a structurally sound flat bed in such a way to withstand pitch, roll and yaw of the load during on and off road operation of the unit without damaging the tank or other chassis components.
The pump may be an auxiliary powered pump or a power take-off pump with discharge capacity of a minimum 10 gallons per minute at 100 P.S.I. pressure. All pumps shall have a discharge pressure gauge. If the pump is of the positive displacement type, a bypass or pressure relief valve shall be provided. The pump as mounted shall be capable of drafting water from a source located 10 vertical feet below the pump head through the required 20 feet of suction hose. A portable pump capable of filling a 100 gallon tank in 10 minutes or less may be substituted in order to meet the fill time requirements.
Each Pump and Trailer or Truck unit shall have an additional fitting for 250 feet of ¾ inch garden type hose (capable of withstanding the required pressure), two ¾ inch gated wyes, and 4 hose nozzles of the shut-off type, adjustable for straight stream, spray, or fog.
A fire extinguisher, multi-purpose 2A 10BC that is securely mounted to the trailer or truck and accessible by the operator shall be required. The fire extinguisher shall have a current annual inspection tag and the annual maintenance tag in regards to a 6 year annual inspection and every 12 years regarding a hydro test on all dry powder, metal fire extinguishers.
Tools, adapters, accessories and fuel necessary to…
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