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USE OF PREMISES (FEB 1988)

(End of clause) (a) Before any camp, quarry, borrow pit,

452.236–76 Maximum Workweek-Con. storage, detour, or bypass site, other than

struction Schedule. shown on the drawings, is opened or operated on USDA lands or lands administered by the

As prescribed in 436.575, insert a USDA, the Contractor shall obtain written

clause substantially as follows: permission through the Contracting Officer. A camp is interpreted to include a campsite MAXIMUM WORKWEEK-CONSTRUCTION or trailer parking area of any employee

SCHEDULE (FEB 1988) working on the project for the Contractor.

Within 10 days after receipt of a written re(b) Unless excepted elsewhere in the con

quest from the Contracting Officer, the Contract, the Contractor shall: (1) provide and tractor must submit the following informamaintain sanitation facilities for the tion in writing for approval: workforce at the site and (ii) dispose of solid

(a) A construction schedule as required by waste in accordance with applicable Federal,

FAR clause 52.236-15, Schedules for ConstrucState and local regulations.

tion Contracts, and (End of clause)

(b) The hours and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be ap452.236-73 Archaeological or Historic

proved is -*- The Contractor's proSites.

posed hours of work are to include daily As prescribed in 436.573, insert the starting and stopping times. following clause:

(End of clause) ARCHAEOLOGICAL OR HISTORIC SITES (FEB *Contracting Officer shall insert appropriate 1988)

number of hours and/or days. If a previously unidentified archaeological

452.236-76 Samples and Certificates. or historic site(s) is encountered, the Contractor shall discontinue work in the general

As prescribed in 436.576, insert the area of the site(s) and notify the Contracting following contract clause: Officer immediately.

SAMPLES AND CERTIFICATES (FEB 1988) (End of clause)

When required by the specifications or the 452.236–74 Control of Erosion, Sedi.

Contracting Officer, samples, certificates, mentation and Pollution.

and test data shall be submitted after award

of the contract, prepaid, in time for proper As prescribed in 436.574, insert the action by the Contracting Officer or his/her following clause:

designated representative. Certificates and

test data shall be submitted in triplicate to CONTROL OF EROSION, SEDIMENTATION AND

show compliance with materials and con

struction specified in the contract performPOLLUTION (FEB 1988)

ance requirements. Samples shall be submit(a) Operations shall be scheduled and con

ted in duplicate by the Contractor, except as ducted to minimize erosion of soils and to

otherwise specified, to show compliance with prevent silting and muddying of streams,

the contract requirements. Materials or rivers, irrigation systems, and impound

equipment for which samples, certifications ments (lakes, reservoirs, etc.).

or test data are required shall not be used in (b) Pollutants such as fuels, lubricants,

the work until approved in writing by the bitumens, raw sewage, and other harmful

Contracting Officer. materials shall not be discharged on the

(End of clause) ground; into or near rivers, streams, and impoundments; or into natural or man-made 452.236–77 Emergency Control. channels. Wash water or waste from concrete

As prescribed in 436.577, insert the or aggregate operations shall not be allowed to enter live streams prior to treatment by

following clause: filtration, settling, or other means sufficient to reduce the sediment content to not more

EMERGENCY CONTROL (FEB 1988) than that of the stream into which it is dis

(a) Contractor's Responsibility for Fighting charged.

Fire. The Contractor, under the direction of (c) Mechanized equipment shall not be op- the Forest Supervisor or, in the absence of erated in live streams without written ap- said officer, acting independently, shall improval by the Contracting Officer.

mediately extinguish all fires on or in the vi

these roads available by this date could result in Government liability for delay to the timber purchaser for which the Contractor might become liable should he fail to complete this contract within the specified and allowed contract time.

(End of clause) *Contracting Officer shall insert appropriate date.

cinity of the project. If it is determined subsequently by the Contracting Officer that a fire was caused by the Contractor or the Contractor's agents or employees, whether caused directly or indirectly as a result of contractor operations, the Contractor's costs relating to extinguishing the fire shall not be reimbursed by the Government and shall be the sole responsibility of the Contractor. In addition the Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipmeni, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Controlling Other Emergencies. When requested by the Contracting Officer, the Contractor shall allow the Forest Service to temporarily use employees and equipment for emergency work. Payment will be made at not less than the current area rates established by the Forest Service. Employees and equipment will be released from emergency operations when other labor and equipment adequate for the protection of the area are obtained.

NOTE: See Fire Plan Requirements referenced in Section J.

(End of clause)

(53 FR 6069, Feb. 29, 1988; 53 FR 12748, Apr. 18, 1988)

452.237-70 Loss, Damage, Destruction

or Repair. (a) As prescribed in 437.110(a), insert a clause substantially as follows: LOSS, DAMAGE, DESTRUCTION AND REPAIR

(FEB 1988) (a) For equipment furnished under this contract without operator, the Government will assume liability for any loss, damage or destruction of such equipment, not to exceed a total of $

except that no reimbursement will be made for loss, damage or destruction due to (1) Ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees.

(b) For equipment furnished under this contract with operator, the Government shall not be liable for any loss, damage or destruction of such equipment, except for loss, damage or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

(c) All repairs to equipment furnished under this contract shall be made by the Contractor and reimbursement, if any, shall be determined in accordance with (a) or (b) above. Repairs shall be made promptly and equipment returned to use within hours. In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified. The Contractor may authorize the Government to make repairs upon the request of the Contracting Officer. In such case, the Contractor will be billed for labor and parts costs.

452.236–78 Forest Service Standard

Specifications for Construction of

Roads and Bridges. As prescribed in 436.578, insert the following clause:

FOREST SERVICE STANDARD SPECIFICATIONS

FOR CONSTRUCTION OF ROADS AND BRIDGES (FEB 1988)

These specifications are included by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resultant contract.

(End of clause)

452.236-79 Opted Timber Sale Road

Requirements. As prescribed in 436.579, insert the following clause: OPTED TIMBER SALE ROAD REQUIREMENTS

(FEB 1988) This contract is for the construction of timber sale road(s) which a timber purchaser has opted to have the Forest Service construct. The Forest Service is obligated to make these roads available to the timber sale purchaser by - Failure to make

(End of clause) *Contracting Officer shall insert amount available in current funds to cover potential liability.

**Contracting Officer shall insert appropriate number of hours.

452.237-71 Pre-Bid/Pre-Proposal Con

ference. As prescribed in 437.110(b), insert a provision substantially as follows:

PRE-BID/PRE-PROPOSAL CONFERENCE (FEB

1988) (a) The Government is planning a pre-bid pre-proposal conference, during which potential offerors may obtain a better understanding of the work required.

(b) Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference. Questions will be considered at any time prior to or during the conference; however, offerors will be asked to confirm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and answers, and list of attendees, will be disseminated.

(c) In order to facilitate conference preperations, it is requested that the person named on the Standard Form 33 of this solicitation be contacted and advised of the number of persons who will attend.

(d) The Government assumes no responsibility for any expense incurred by an offeror prior to contract award.

(e) Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer.

(f) The conference will be held:
Date:
Time:
Location:

Subsequent to the conference an amendment to the solicitation containing an abstract of the questions and answers, and a list of attendees, will be disseminated.

(d) In order to facilitate conference preparations, it is requested that the person named on the Standard Form 33 of this solicitation be contacted and advised of the number of persons who will attend.

(e) The Government assumes no responsibility for any expense incurred by an offeror prior to contract award.

(f) Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities it is the responsibility of the offeror to seek clarification prior to submitting an offer.

(g) The conference will be held:
Date:
Time:
Location:

а

(End of clause) *Contracting Officer shall insert appropriate information. 452.237-73 Equipment

Inspection Visit. As prescribed in 437.110(d), insert the following provision in solicitations:

(End of clause) *Contracting Officer shall insert appropriate information.

EQUIPMENT INSPECTION VISIT (FEB 1988) Offerors are urged and expected to inspect the equipment on which maintenance or repairs are to be performed and to satisfy themselves regarding all conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the equipment constitute grounds for a claim after contract award. Offerors are invited to inspect the at

by telephoning on

for an appointment.

(End of clause) *Contracting Officer shall insert appropriate information.

452.237-72 Pre-Bid/Pre-Proposal Con

ference and Site Visit. As prescribed in 437.110(c), insert a provision substantially as follows: PRE-BID/PRE-PROPOSAL CONFERENCE AND SITE

VISIT (FEB 1988) (a) The Government is planning a pre-bid/ pre-proposal conference and site visit during which potential offerors may obtain a better understanding of the work required.

(b) Offerors are strongly urged to visit this site during the conference to fully inform themselves about the location and conditions under which the work is to be performed.

(c) Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference. Questions will be considered at any time prior to, or during, the conference; however, offerors will be asked to confirm verbal questions in writing.

452.237-74 Key Personnel.

As prescribed in 437.110(e), insert a clause substantially as follows:

KEY PERSONNEL (FEB 1988) (a) The Contractor shall assign to this contract the following key personnel:

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

452.237–76 Progress Reporting.

As prescribed in 437.270(a), insert a clause substantially as follows:

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.

(End of clause) *Contracting Officer shall insert appropriate information.

452.237–75 Restrictions Against Disclo

sure. As prescribed in 437.110(f), insert a clause substantially as follows: RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

PROGRESS REPORTING (FEB 1988) The Contractor shall submit a progress report

covering work accomplished during that period of the contract performance. The progress report shall be brief and factual and shall be prepared in accordance with the following format:

(a) A cover page containing:
(1) Contract number and title;

(2) Type of report, sequence number of report, and period of performance being reported;

(3) Contractor's name and address;
(4) Author(s); and
(5) Date of report.

(b) Section 1-An introduction covering the purpose and scope of the contract effort. This shall be limited to one paragraph in all but the first and final month's narrative.

(c) Section II-A description of overall progress plus a separate description of each task or other logical segment of work on which effort was expended during the report period. The description shall include pertinent data and/or graphs in sufficient detail to explain any significant results achieved.

(d) Section III–A description of current technical or substantive performance, and any problem(s) which may impede performance along with proposed corrective action.

(e) Section IV-A planning schedule shall be included with the first progress report for all assigned tasks required under the contract, along with the estimated starting and completion dates for each task. The planning schedule shall be updated and submitted with each subsequent technical progress report, including an explanation of any difference between actual progress and planned progress, why the differences have occurred, and-if behind planned progress—what corrective steps are planned.

(f) Section V-If applicable, financial information shall be submitted for each major task or line item cost. Data shall include:

(1) The total estimated cost budgeted (fee excluded)

(2) The estimated cost expended during the current reporting period

(3) Identification of direct labor hours of prime contractor and subcontractor(s) and/or consultant(s), if applicable

(4) Total project to-date expenditures (5) Total remaining funds.

(End of clause) *Contracting Officer shall insert frequency of reporting requirement.

452.237-77 Identification of Contract

Deliverables. As prescribed in 437.270(b), insert the following clause:

(2) Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the appropriate Government Representative in accordance with FAR 42.704, subject to adjustment when the final rates are established. The established billing rates are currently as follows:

IDENTIFICATION OF CONTRACT DELIVERABLE

(FEB 1988) Unless otherwise specified by the Contracting Officer in writing, all documents prepared and submitted by the Contractor to the Government under this contract shall include the following information on the cover page of each document:

(a) Name and business address of the contractor

(b) Contract number

(c) Total dollar amount of contract including any modifications thereto

(d) Whether the contract was subject to full and open competition

(e) Name, position, and office location of the USDA Contracting Officer's Representative

(f) Date of report.

(End of clause)

452.237-78 Contracts with Consulting

Firms for Services. As prescribed in 437.270(c), insert a clause substantially as follows: CONTRACTS WITH CONSULTING FIRMS FOR

SERVICES (FEB 1988) Offerors are specifically cautioned that any firm(s) receiving a contract award to provide the services described herein will be prohibited from competing for or receiving a contract to perform

(End of clause) *Contracting Officer shall insert appropriate dollar amounts.

**Contracting Officer shall insert billing rate data.

Alternate 1 (Feb 1988). As prescribed in 442.704, substitute a paragraph (a) substantially as follows in cost-no-fee contracts:

(a) Estimated Costs. The estimated cost of this contract is $ * This cost shall be subject to the provisions of FAR clauses 52.232–20, Limitation of Cost and 52.216-7, Allowable Cost and Payments.

*Contracting Officer shall insert appropriate dollar amount.

Alternate II (Feb 1988). As prescribed in 442.704, substitute a paragraph (a) substantially as follows in cost-plus-incentive-fee contracts:

(a) Estimated Costs. The estimated cost of this contract is $

which consists of $

for reimbursable costs, s for base fee, and s

for incentive fee. These costs shall be subject to the provisions of FAR clauses 52.232–20, Limitation of Cost; 52.216-7, Allowable Cost and Payments; and 52.216-10, Incentive Fee.

*Contracting Officer shall insert appropriate contract amounts.

Alternate III (Feb 1988). As prescribed in 442.704, substitute a paragraph (a) substantially as follows in cost-plus-award-fee contracts:

(a) Estimated Costs. The estimated cost of this contract is $

which consists of $

for reimbursable costs,
for base fee, and s

for award fee. These costs shall be subject to the provisions of FAR clauses 52.232–20, Limitation of Cost; 52.216-7, Allowable Cost and Payments; and 52.216–10, Incentive Fee.

*Contracting Officer shall insert appropriate contract amounts.

(End of clause) *Contracting Officer shall insert the appropriate information.

452.242–70 Estimated and Allowable

Costs. As prescribed in 442.704, insert a clause substantially as follows: ESTIMATED AND ALLOWABLE COSTS (FEB 1988)

(a) Estimated Costs. The estimated cost of this contract is $ *-, which consists of $

for reimbursable costs and $ for fixed fee. These costs shall be subject to the provisions of FAR clauses: 52.23220, Limitation of Cost; 52.216-7, Allowable Cost and Payments; and clause 52.216-8, Fixed Fee.

(b) Allowable Costs. (1) Final annual indirect cost rate(s) and the appropriate base(s) shall be established in accordance with FAR Subpart 42.7 in effect for the period covered by the indirect cost rate proposal.

452.245–70 Government-Furnished

Property, As prescribed in 445.106, insert the following clause: GOVERNMENT-FURNISHED PROPERTY (FEB 1988)

The Government will provide the following item(s) 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

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