a.RFQ_Crescent_Range_District_Roadside_Brushing.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 44

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 919644

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE:

DATE

1204GG18Q0019

August 1st, 2018

a. NAME b. TELEPHONE NUMBER(No collect

8. OFFER DUE DATE/ LOCAL TIME

7. FOR SOLICITATION RaShauna Workman - CO calls) 541-383-5433 August 20th, 2018 INFORMATION CALL: Marcos Romero - COR 541-383-5624 @ 16:30 p.m. (PST)

9. ISSUED BY CODE 10. THIS ACQUISITON IS

DESCHUTES NATIONAL FOREST

63095 Deschutes Market Rd.

Bend, OR. 97701

UNRESTRICTED OR SET ASIDE: 100 % FOR

SMALL BUSINESS EMERGING SMALL

BUSINESS

HUBZONE SMALL

NAICS: 115310 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: 500 Employees OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT

IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

Same As Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

Invoice Processing Platform (IPP)

DUNS_________________

TELEPHONE N0.__________________ Email ___________________

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Crescent Ranger District Roadside Brushing

Crescent Ranger District, Deschutes National Forest

All Quotes shall be submitted via email, mail, or hand delivered no later than August 20th, 2018 @ 16:30 (4:30) p.m.

(PST) to one of the following locations:

rworkman@fs.fed.us or Deschutes National Forest; 63095 Deschutes Market Rd.; Bend, OR. 97701.

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE

ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS

ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

29. AWARD OF CONTRACT: REF. 1204GG18Q0019 OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

RaShauna Workman 30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

04GG

mailto:rworkman@fs.fed.us

SCHEDULE OF ITEMS

ITEM NO. DESCRIPTION OF ITEM QUANTITY UNIT

UNIT

PRICE

AMOUNT

BASE ITEMS:

Road 60: Beginning at Mile Post 2.3 & Ending

Mile Post 11.8

9.5 Mile $ $

Total of All Base Items $

OPTION ITEMS:

Road 60: Beginning at Mile Post 11.8 & Ending

Mile Post 21.1

9.3 Miles $ $

Road 6005: Beginning at Mile Post 0.0 & Ending

Mile Post 2.0 2 Miles $ $

Road 6020: Beginning at Mile Post 0.0 & Ending

Mile Post 5.3

5.3 Miles $ $

Total of All Option Items $

Required Delivery Date: All work shall be completed by October 15, 2019. All work.

Period of Performance Date may be extended due to potentail fire danger if a waiver cannot be obtained at that time and/or because of unforseeable weather conditions at the project location in which reduces the quality or efficiency of work performed.

*Quantites are estimates only and not guaranteed.

TOTAL Of BASE &

OPTION ITEMS:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

1. SCOPE AND LOCATION

The Deschutes National Forest, Crescent Ranger District has a need for Forest System Roadside Brushing. Roadside

Brushing shall consist of cutting all vegetative growth, including trees and other vegetation above ground along the sides of the Federal Road System to maintain the desired road width and provide safe public access. Contractor shall provide all labor, materials, incidentals, mobilization, and supplies needed to perform work as described in this contract, unless otherwise noted. Equipment shall consist of a brush cutter in order to perform work to the greatest extent possible.

2. PROJECT LOCATION

Project work is located on the Deschutes National Forest, Crescent Ranger District. Please see attached Map for further details to project locations.

3. SYSTEM FOR AWARD MANAGEMENT (SAM)

Please Complete --- Is the Offeror currently registered in SAM (Yes / No): ___________

DUNS # _________________________

Prior to submitting a quote, contractors will be registered and have an active account with the System for Award

Management (SAM) pursuant to FAR 4.1102 and other applicable regulations and guidelines Any quote received from vendors not registered in SAM will be considered Non-Responsive and they will not be evaluated or considered for award.

The System for Award Management (SAM) is a Federal Government owned and operated FREE website that consolidates the capabilities in CCR/FedReg, Online Representations and Certifications Application (ORCA) and the

Excluded Parties List System (EPLS).

4. SPECIFICATIONS

Project work shall consist of cutting all vegetative growth, including trees, and other vegetation above the ground along the designated roadsides. The following specifications apply to all roads, unless otherwise stated as unique to a road or segment.

Requirements:

General:

1. Contractor shall provide all equipment, materials and labor necessary to complete road maintenance tasks in compliance with these terms, specifications, and provisions.

2. Traffic control (i.e. warning signs) signs shall be provided by the Contractor and shall be placed in accordance with the Manual of Uniform Traffic Control Devises (MUTCD), current edition, standards while work is in progress.

This shall include “Slow Moving Equipment” signs attached to all road surface equipment.

3. Contractor shall notify the Contracting Officer’s Representative (COR) three (3) working days prior to beginning work on a road in order to coordinate inspection activities during Federal business hours; unless otherwise approved in writing by the COR.

4. All work shall be performed by hand or mechanically. Wheels or tracks of self-propelled equipment shall not be allowed on back slopes, fill slopes, berms or ditches. Self-propelled equipment shall remain within the roadway limits only. Natural ground adjacent to the road shall not be disturbed by mechanical and self-propelled equipment.

5. Do not operate mechanical brush cutters when there are non-Contractor personnel or occupied vehicles within a hazardous distance of the immediate operating area.

6. Any tree where the specifications require limbing to a height greater than 60% of its total height shall be cut and disposed of outside the clearing limits.

7. Upon completion of the work:

a) Roadside clearing limits (Attachment 02A) shall be free of all brush, small plants, and trees less than four

(4) inches in diameter and cut to a height of four (4) inches or less from the ground unless designated or marked to remain. Brush and small plants growing in the ditch line, on the shoulder or on the traveled way shall be cut flush with the ground. All cut stems shall be uniform and parallel to the ground surface.

b) Trees greater than four (4) inches in diameter within the clearing limits shall remain standing unless marked in advance by the COR.

c) All stumps, from fresh or previously cut trees greater than four (4) inches in diameter at the base (above butt swell) standing outside the roadway or embankment areas and within the clearing limits, can be left undisturbed provided, they do not extend more than one (1) foot above the natural ground (measured on the uphill side) and they do not interfere with the operation and maintenance of the road, ditches, and drainage structures.

d) All stumps greater than four (4) inches in diameter existing within the roadside, ditches or drainage structures shall be cut flush to the ground.

e) Grass and other non-woody stemmed vegetation without an intermixed brush component shall be left in a natural undisturbed condition unless directed for cutting by the COR. Grass growing intermixed with brush shall be cut along with the brush.

f) Vegetation in live running water channels and standing bodies of water, including but not limited to:

streams, rivers, run-off channels, over-flow or bypass channels, natural ponds, beaver ponds and lakes, etc., and are adjacent to the edge of such water channels and bodies inside the brushing limits shall be brushed unless designated by the COR to be left in a natural and undisturbed condition.

g) Signs, markers, and other road appurtenances are designated to be retained in place and free from damage. Brush growing around the bases of signs, markers, and other retained road appurtenances within three (3) feet of the posts or base perimeter shall be cut flush with the ground.

h) All trees within the clearing limits shall have all branches trimmed to a height of fourteen (14) feet above the roadway. All trimmed branches shall be cut within four (4) inches of the trunk.

i) All trees outside the clearing limits, shall have their branches within the clearing limits trimmed to provide a clear height of fourteen (14) feet above the roadbed surface. For those trimmed branches which have a minimum diameter of two (2) inches and are at a height of six (6) feet or less, when measured from the roadbed surface, shall be cut within four (4) inches of the trunk.

j) When chipping and grinding, all pieces of wood greater than four (4) inches in diameter on the small end and greater than three (3) feet in length shall be neatly stacked within the brushing limits on top of the brushing slash and debris.

k) No woody or vegetative debris shall remain on the roadbed surface.

Treatment Methods:

1. Treatment of brushing slash shall be accomplished by the method described:

a) In All Methods Used. No brushing slash shall be deposited on roads, in lakes, meadows, streams, or streambeds. Brushing slash that interferes with drainage structure(s) shall be removed immediately.

Brushing slash shall be considered all woody debris resulting from the cutting and trimming of woody material within the specified clearing limits.

b) Chipping and Grinding. Brushing slash shall be left lying on the ground in pieces no larger than four (4) inches in diameter and no longer than three (3) feet in length. If brushing slash pieces are larger than stated, the pieces shall be run through a machine to chop, chip or grind slash to sizes smaller than stated in this subsection. Deposit slash, chips, and ground woody debris outside the roadway to a loose depth not exceeding 6 inches.

Measurement:

1. Measurement for cutting vegetation by the pass mile will be determined by the number of 4 ft. wide x 14 ft. high passes ordered and accepted. Partial increments (will be identified by COR) ordered beyond these dimensions to complete the outside edge of a back slope or fill slope, cutting, and transitions will be measured as full passes. A pass mile, as measured, will include brushing performed on both sides of the road. The length of each pass ordered will be determined to the nearest 0.1 mile on each road.

2. No reduction in the distance between road terminal shown on the road listing will be made for areas where there is little or no vegetation to be cut.

5. CONTRACTOR OBLIGATIONS

The Contractor shall furnish, all labor, equipment, supervision, transportation, supplies, and incidentals. All Federal and State rules and regulations shall be followed as well as appropriate Federal Agency Jurisdictional Guidelines unique to each agency.

6. BIOBASED PRODUCTS

The Contractor must comply with the Agricultural 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, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for biopreferred products that may be available or required for performance of this contract.

Equipment Lubricants, Hydraulic Fluids, Fuel Additives, Engine Oils.

For more information regarding the Department of Agriculture Biobased Program go to: http://www.biopreferred.gov.

7. INSPECTION

A. CONTRACTOR’S QUALITY CONTROL PLAN

The Contractor shall provide a detailed Quality Control Plan. In General, the Quality Control Plan must demonstrate how the contractor will assure quality, and meet the requirements and specifications of the project work. Plan shall describe: how quality will be monitored to assure the performance standards are met; the supervision of the work;

and personnel that will be performing the quality control. In addition, the Contractor shall address industry standard guidelines, and any applicable State or Federal specifications, protection to the environment and wildlife habitat, and public safety in constructing a Quality Control Plan.

B. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

http://www.biopreferred.gov./

The Contracting Officer or the Contracting Officer’s duly authorized representative (COR) shall inspect and accept the services and/or supplies to be provided under this contract.

The Government shall use the following plan to assure quality control.

Acceptable Quality Levels and Performance Summary:

Description Allowable Deviation From Standard Corrective Action for Work Exceeding

Standard

Plants & trees less than four (4) inches in diameter

Plants and trees cut above four (4) inches for a length of five feet.

Rework

Plants and trees above four (4) inches for a total length per pass mile of 50 feet.

Rework

Trees greater than four

(4) inches within the clearing limits

Damaged trees beyond recovery Remove as directed by the COR

Stumps greater than four (4) inches in diameter within the roadside, ditches, or drainage structures

Zero percent Rework

Tree within the clearing limits

Trimmed branches where traffic safety is compromised, zero percent.

Rework

Trimmed branches cut within 4 inches of the trunk (10 per pass mile).

Rework

Tree branch within the clearing limits

Trimmed branches where traffic safety is compromised, zero percent Rework

Trimmed branches cut within 4 inches of the trunk (10 per pass mile).

Rework

8. FAR 52.211-10COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 15st. 2019. The time stated for completion shall include final cleanup of the premises.

9. MEASUREMENT AND PAYMENT

Payment shall be made per completion of each line item after inspection and acceptance has been completed.

10. FAR 52.246-4 INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996)

Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the

Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

11. AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within _7 days after the date of contract award. The conference may be held at the Deschutes National Forest; 63095 Deschutes Market Rd; Bend, OR. 97701, conference call, or a mutually agreed upon location.

13. DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR) AND GOVERNMENT

INSPECTORS

The Contracting Officer will designate the Contracting Officer's Representative.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract will be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting

Officer prior to completion of the contract.

Government Inspectors: The Inspector(s) are designated by the Contracting Officer to represent the COR in securing compliance of contract requirements. The Designation of Inspector Form (form FS-6320-32) will be used to designate the inspector and provides the responsibilities. The inspector(s) will monitor Contractor performance and inform the

Contractor of contract deviations. The inspector(s) will monitor thinning in progress, and conduct quality verification plots. The inspector(s) will not direct the operations of the crew but rather keep in direct contact with the foreman stressing the requirement of Contractor quality control as well as to protect the Governments interest by assessing the adequacy of thinning and stand improvement activities.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor, or the

Government will change the required delivery or completion times stated in the contract and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer.

Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the

Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with the work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

14. CONTRACTING OFFICER’S REPRESENTITIVE

Name: Marcos Romero

Address: 63095 Deschutes Market Rd.

Telephone: 541-383-5624

Email: mromero@fs.fed.us

15. APPROVAL OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement.

The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

a) The name, address, and telephone number(s) of the subcontractor.

b) The date upon which the subcontract was entered into and its duration.

c) A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

d) Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract.

Any subcontract agreement shall contain all terms and conditions of the prime contract.

16. SUSPENSION FOR OTHER THAN GOVERNMENT CONVENIENCE

The Contracting officer may issue orders to suspend work wholly or in part for such periods of time as deemed necessary because of : 1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads, or adjacent property. Such actions would include but are not limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable for further work; or 2) failure of the Contractor to comply with specifications such as but not limited to placement of frozen materials in fills, seeding on frozen ground, operating equipment not meeting fire requirements, performing work prior to prerequisite approvals, or when conditions exist which do not meet safety requirements.

Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

17. TRAFFIC CONTROL

Contractor will provide traffic control devices and/or flaggers as appropriate for the road and conditions. Unless otherwise agreed in writing, when permittee's operations are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, permittee shall provide the use with adequate warning of hazardous or potentially hazardous conditions associated with permittee's Operation. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Except as otherwise agreed, flaggers and devices shall be as specified in the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD).

18. SAFETY

Services for this project will involve many types of equipment operating in varying terrain, possibly in adverse conditions. Individuals performing diverse jobs may be working throughout the project at any given time. A field meeting will be scheduled daily to discuss safety and planned daily operations.

The contractor shall submit a written site specific safety plan to ensure safety compliance when coordinating work activities. The intent is to use this plan as a discussion at the post award and subsequent meetings to insure safe contractor operations. It will also be used as the safety standard during the course of the project.

19. POTENTIAL SAFETY HAZARDS

(a) 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. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

(b) The following activities have been identified by the Government as potential safety hazards when performing complex restoration activities over a large project area. Contractor shall provide a job-specific safety plan addressing these hazards as well as any other potential hazards the Contractor has encountered in this type of work.

1) Working around heavy equipment and trucks, blind spots, backing, visibility, etc.

2) Working in semi-remote locations

3) Working on uneven terrain.

The job-specific safety plan should at a minimum address the following:

1) Job specific Personal Protective Equipment (PPE) for all individuals on the job site, safety vests, glasses, hardhats, foot wear, hearing protection, etc.

2) Job and equipment specific first-aid kits, spill kits for fuel, hydraulic fluid, etc.

3) Evacuation plan in case of injury, include EMS, and hospitals/clinics with directions, phone numbers, and additional contact information as needed.

20. NOXIOUS WEEDS

(a) In order to prevent the potential spread of noxious weeds onto Federal lands, the Contractor shall be required to furnish the Forest Service with proof of weed-free equipment.

(b) Noxious weeds are defined as any exotic plant species established or that may be introduced in the State, which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the Oregon/Washington Department of Agriculture, County Weed Boards, or by other appropriate agencies having jurisdiction.

(c) All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the contractor or subcontractor.

(d) Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands.

(d) Equipment, materials and vehicles shall be visually inspected by a designated Forest Service Officer, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Forest Officer in advance of equipment and material arrival. Equipment and vehicles are expected to proceed directly to the job site following the inspection. Materials to be used on the project will be delivered to the project.

Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (excepting passenger vehicles - this includes pickups and vans) that leave the job site will need to be recertified as weed free before they are allowed to return to the job site or re-enter the National Forest.

All equipment including, but not limited to, vehicles, tools, hydro-seeders, mulch blowers/spreaders, tractors, trailers, excavators, and dozers shall be clean and free of mud, debris, seed, fertilizer, mulch, or any hydro seeding products used on prior jobs including both internal and external surfaces. Equipment will be inspected prior to any project work at a mutually agreed upon location(s) by the COR and/or Inspector. If equipment does not pass inspection, the contractor will be required to clean equipment off-site at an approved facility before returning to the project site. The Government is not liable for lost time due to re-cleaning of equipment.

21. CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the

United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:______________"

SPECIAL REQUIREMENTS

22. FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work sites, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workman, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the location of which are made know to or should be known by the Contractor. The

Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

23. LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumen’s, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

24. CONTRACTOR’S USE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State

Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest

Service roads in the construction area.

25. ROAD MAINTENANCE REQUIREMENTS

In order to fulfill the obligation to protect existing facilities, material source, and disposal site access roads from seasonal weather damage, to safeguard soil and water quality, and to repair damage commensurate with his use, the Contractor shall perform road maintenance work on these roads in accordance with the following:

1. While performing ordinary road maintenance work, the Contractor shall avoid permanent fouling of gravel or bituminous surfaces through covering them with earth or debris from side ditches, slides, or other sources. The Contractor shall avoid blading surface material off the surface of roads.

2. While performing all phases of construction, the Contractor shall minimize damage to ditches, slopes and road surfaces. Where damage does occur, the Contractor shall restore the road to its prior condition within a reasonable period of time.

3. The Contractor shall remove all excess materials and debris from asphalt roadways and trails immediately after backfilling has been completed. This may require brooming and hosing down with water.

4. On completion and acceptance of work requirements, including acceptance of road maintenance by the

Forest Service, Contractor road maintenance responsibility shall terminate.

26. TRAFFIC CONTROL

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, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform to Part VI of the

Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway

Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings

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

27. SUSPENSIONS FOR OTHER THAN GOVERNMENT CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under

FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

PART II - CONTRACT CLAUSES

28. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (JAN 2017).

29. FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41

U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of

2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41

U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

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__ (13) [Reserved]

_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned

Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

__X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

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__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008)

(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available…