(End of clause) 452.228-70 Notice of Required Bid Guarantee. As prescribed in 428.102-3(a), insert the following provision: NOTICE OF REQUIRED BID GUARANTEE (FEB 1988) If a bid exceeds $25,000 the bidder must submit a bid guarantee in the amount of percent of the total bid price, but in no event shall the penal sum exceed $3 million. If a bid bond is sumbitted, it should be on Standard Form 24. Money orders, cashiers checks, or certified checks, if used, shall be drawn payable to: (End of provision) *Contracting Officer shall insert appropriate percentage, but not less than 20 percent. **Contracting Officer shall insert the name of the USDA contracting activity. 452.228-71 Notice of Required Performance Security. As prescribed in 428.102-3(b), insert the following provision: NOTICE OF REQUIRED PERFORMANCE SECURITY (FEB 1988) If the contract exceeds $25,000, the successful offeror shall furnish security to guarantee faithful performance of the contract in the amount of - percent of the total contract price. Security may be in the form of a performance bond on Standard Form 25 (furnished on request), or in the form of a certified or cashier's check, bank draft, U.S. Postal service money order, or currency, or United States Government bonds or notes (at par value) deposited in accordance with Treasury Regulations. Money orders and checks shall be drawn payable to: (End of clause) *Contracting Officer shall insert appropriate percentage. **Contracting Officer shall insert the name of the USDA contracting activity. 452.228-72 Notice of Required Payment Security. As prescribed in 428.102-3(c), insert the following clause: NOTICE OF REQUIRED PAYMENT SECURITY (FEB 1988) If the contract exceeds $25,000, the successful offeror shall furnish security to guarantee payment to all persons supplying labor or materials in the performance of the contract. Such security may be in the form of a payment bond on Standard Form 25A (fur nished on request) or in the form of a certified or cashier's check, bank draft, U.S. Postal Service money order, or currency, or United States Government bonds or notes (at par value) deposited in accordance with Treasury Regulations. Money orders and checks shall be drawn payable to: The penal sum of the payment bond shall equal: (a) 50 percent of the contract price, if the contract price is not more than $1 million; (b) 40 percent of the contract price, if the contract price is more than $1 million but not more than $5 million; or (c) $21⁄2 million, if the contract price is more than $5 million. (End of clause) *Contracting Officer shall insert the name of the USDA contracting activity. 452.228-73 Insurance Coverage. As prescribed in 428.310, insert the following provision: INSURANCE COVERAGE (FEB 1988) Pursuant to FAR clause 52.228-5, Insurance Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below: (a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers. (b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (c) Automobile Liability. The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. (d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. (End of clause) Alternate I (Feb 1988). As prescribed in 428.310, substitute the following paragraph (b), when additionally the contractor must have property damage liability coverage: (b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) Property Damage liability insurance shall be required in the amount of *Contracting Officer shall insert amount required. 452.232-70-452.232-73 [Reserved] 452.232-74 Reimbursement for Bond Construc Premiums-Fixed-Price As prescribed in 432.111(b), insert the following clause: REIMBURSEMENT FOR BOND PREMIUMS-FIXEDPRICE CONSTRUCTION CONTRACTS (FEB 1988) The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under paragraph (e) of the clause at FAR 52.232-11, Payments Under Fixed-Price Construction Contract, shall not cover any amount therefor not included in the contract price. As prescribed in 436.370, insert the following provision: ADDITIVE OR DEDUCTIVE ITEMS (FEB 1988) The low bidder for purposes of award shall be the conforming responsible bidder offering the low aggregate amount for the first or base bid item, plus or minus (in the order of priority listed in the schedule) those additive or deductive bid items providing the most features of the work within the funds determined by the Government to be available before bids are opened. If addition of another bid item in the listed order of priority would make the award exceed such funds for all bidders, it shall be skipped and the next subsequent additive bid item in a lower amount shall be added if award therein can be made within such funds. For example, when the amount available is $100,000 and a bidder's base bid and four successive additives are $85,000, $10,000, $8,000, $6,000, and $4,000, the aggregate amount of the bid for purposes of award would be $99,000 for the base bid plus the first and fourth additives, the second and third additives being skipped because each of them would cause the aggregate bid to exceed $100,000. In any case all bids shall be evaluated on the basis of the same additive or deductive bid items, determined as above provided. The listed order of priority need be followed only for determining the low bidder. After determination of the low bidder as stated, award in the best interests of the Government may be made on the selected first or base bid item and any combination of additive or deductive items for which funds are determined to be available at the time of the award, provided that award on such combination of bid items does not exceed the amount offered by any other conforming responsible bidder for the same combination of bid items. (End of clause) 452.236-71 Prohibition Against the Use of Lead-Based Paint. As prescribed in 436.571, insert the following clause: PROHIBITION AGAINST THE USE OF LEAD- (a) For paints manufactured prior to or on June 23, 1977, the following restriction applies: Neither the Contractor nor any subcontractor performing under this contract shall use paints containing more than 0.5 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both. (b) For paints manufactured after June 23, 1977, the following restriction applies: Neither the Contractor nor any subcontractor performing under this contract shall use paints containing more than 0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both. (End of clause) 452.236-72 Use of Premises. As prescribed in 436.572, insert the following clause: USE OF PREMISES (FEB 1988) (a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA lands or lands administered by the USDA, the Contractor shall obtain written permission through the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor. (b) Unless excepted elsewhere in the contract, the Contractor shall: (i) provide and maintain sanitation facilities for the workforce at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations. (End of clause) 452.236-73 Archaeological or Historic Sites. As prescribed in 436.573, insert the following clause: ARCHAEOLOGICAL OR HISTORIC SITES (FEB 1988) If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately. (End of clause) 452.236-74 Control of Erosion, Sedimentation and Pollution. As prescribed in 436.574, insert the following clause: CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (FEB 1988) (a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.). (b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or near rivers, streams, and impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged. (c) Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer. (End of clause) 452.236-75 Maximum Workweek-Construction Schedule. As prescribed in 436.575, insert a clause substantially as follows: MAXIMUM WORKWEEK-CONSTRUCTION Within 10 days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval: (a) A construction schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and (b) The hours and days of the week the Contractor proposes to carry out the work. The maximum workweek that will be approved is The Contractor's proposed hours of work are to include daily starting and stopping times. (End of clause) *Contracting Officer shall insert appropriate number of hours and/or days. 452.236-76 Samples and Certificates. As prescribed in 436.576, insert the following contract clause: SAMPLES AND CERTIFICATES (FEB 1988) When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements. Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer. (End of clause) 452.236-77 Emergency Control. As prescribed in 436.577, insert the following clause: EMERGENCY CONTROL (FEB 1988) (a) Contractor's Responsibility for Fighting Fire. The Contractor, under the direction of the Forest Supervisor or, in the absence of said officer, acting independently, shall immediately extinguish all fires on or in the vi 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, equipment, 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] 452.236-78 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 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. (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 Conference. 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 a list of attendees, will be disseminated. (c) 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. (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: (End of clause) *Contracting Officer shall insert appropriate information. 452.237-72 Pre-Bid/Pre-Proposal Conference 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. 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: |