Solicitation No 1205G220R0002.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

1205G220R0002

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

03/16/2020

PAGE OF PAGES

1 63

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Acquisition Management – North Olympic National Forest 1835 Black Lake Blvd., Suite A Olympia, WA 98512

Acquisition Management – North

1835 Black Lake Blvd., Suite A Olympia, WA 98512

9. FOR INFORMATION

CALL:

A. NAME: MILEY SUTHERLAND

miley.sutherland@usda.gov

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

(360) 956-2471

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):

MATOC Road Treatment: Closure and Decommissioning (2020-2025)

11. The Contractor shall begin performance within 30 calendar days and complete it within 1826 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Clause F,2.)

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 (Bonding Requirements Stated On Task Order)

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 4:30 p.m. (hour) local time 04/16/2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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 60 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:miley.sutherland@usda.gov

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

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 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B-1 Schedule of Items

ITEM

No. DESCRIPTION

BASE PERIOD

(June 01, 2020, through May 31, 2025)

Road Treatment: Closure and Decommissioning

Offerors are required to submit a proposal for the first task order as well as the base Request for Proposal (RFP). Offerors shall submit a price for the first Task Order, which is being issued simultaneously with this RFP. The Government intends to award the initial project to one of the successful contractors as the first Task Order under this Multiple Award Task

Order Contract (MATOC).

B-2 Minimum and Maximum Contract Amounts (AGAR 452.216-73) (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,000.00 against each MATOC awarded. The maximum combined contract amount of all MATOC’s awarded as a result of this solicitation is $5,000,000.00.

B-3 Authorized Ordering Individuals

Any Contracting Officer in the Pacific Northwest Region, Forest Service, may issue task orders, within their procurement warrant authority, under this contract.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Description of Work

This solicitation and any resulting contracts are for the purpose of acquiring road treatment on the Olympic National Forest, Washington. This solicitation will result in multiple awards of

Indefinite-Quantity contracts. Other National Forests in the Pacific Northwest Region may issue task orders under the Multiple Award Task Order Contracts (MATOC). Road treatment includes: restoring channel sites to a natural state by removing fill and drainage structures at stream crossings and installing gradient control structures; full road re-contour; removing ditch relief culverts; installation of logs; and seeding disturbed areas.

This work is considered ‘demolition, or removal of improvements’ under Federal Acquisition

Regulation (FAR) Part 37.3. The Service Contract Labor Standards (formerly known as the

Service Contract Act of 1965) applies to this work, not the Wage Rate Requirements

(Construction), formerly known as the Davis-Bacon Act. Generally, the Miller Act does not apply. Performance and/or payment bonds are not required.

The Olympic National Forest intends to award three (3) to five (5) MATOC contracts. MATOC contracts will be for five years. All contracts are set-aside for small businesses.

Task Orders will identify the general design and performance objectives for the project, such as:

decommissioning M.P. 1.00 to M.P. 2.50 – outslope, remove all culverts and fill material; M.P.

1.75 – remove major fill; and M.P. 2.50 to M. 3.00 – outslope, pullback turnouts, remove culverts and fill material, and install water bars. Task order will identify any restrictive performance parameters, such as the time window for operating heavy equipment in streams.

The task order will include a schedule of items with the Forest Service estimated quantities for each item.

MATOC Contractors will submit a proposal based upon the general design and performance objectives and the Forest Service estimated quantities. Award of the task order will be to the

Offeror whose offer is the best value to the Forest Service.

Individual projects will be issued as Task Orders. One Task Order will be issued and awarded as part of this MATOC solicitation. As projects are developed they will be competed among the

MATOC contract holders as stated below in additional Task Orders.

C-2 Specifications

See Section J.1.

C-3 Ordering Procedures for Task Orders

Each awardee will be given a fair opportunity to be considered for each task order. Each task order will be issued by mail and/or electronic transmission (email) to each awardee. The evaluation factors, including price, will be stated in the task order.

Task Order proposals will not be publicly opened or released. Unsuccessful offeror's task order proposal information is confidential.

A Task Order will be issued to selected, or all, MATOC contractors, with the scope of work and all attachments (i.e. drawings and specifications).

(a) Task Order (TO). When the Government requires work under the MATOC, a TO will be issued. The TO will include information concerning the project such as contract requirements, physical data, drawings, site visit details, evaluation criteria, and submission requirements.

1) Task Order Pre-award Expenses. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-through or other pre-Task Order costs.

2) Site Visits. Failure to visit the site cannot be used as an excuse for omission or miscalculation in offers. The Government may or may not schedule a joint site visit for individual Task Orders.

3) Proposal Contents. Depending upon the requirements of each TO, the

Contractor may be required to provide a price proposal only, or a technical proposal and a price proposal. Contractors shall respond within the number of calendar days stated in the TO by submitting a proposal to the Contracting Officer in accordance with the specific requirements of the TO.

4) Contract Prices - Offer Schedules. The Government's payment for the items listed in the Offer Schedule of individual Task Orders shall constitute full compensation to the Contractor f o r : ( l ) Furnishing all labor, equipment, services, and materials; and (2) Performing all operations required to complete the work in conformity with the Task Order. The Contractor shall include in the prices for the items listed in the Offer Schedule all costs for work in the scope of work, whether or not specifically listed in the Offer Schedule.

5) Declining a Task Order. Each contractor shall submit offers on 30 percent of the issued task orders, until awarded a task order which satisfies the minimum contract amount. Thereafter, contractors are not required to submit a proposal for each task order. The contractor must give written notification to the Contracting Officer of the intent to decline competing for a subsequent task order.

6) Evaluation Method and Procedures. The basis of award for individual Task Orders may vary depending upon the goals and objectives of each Task Order.

The basis of award will be described in the TO. Examples of basis for award are:

(a) The Task Order will be awarded to the Contractor offering the best value to the Government, considering both price and non-price factors. The

Government reserves the right to accept other than the lowest priced offer.

The TO will describe whether price is less important, more important, or equal in importance to non-price factors; or

(b) The Task Order will be awarded to the Contractor offering the lowest price technically acceptable proposal. The TO will describe the evaluation factors and significant subfactors that establish the requirements of acceptability.

7) Award Decision. Whenever possible, award will be made without discussions.

Task Orders will be firm fixed-price with a specific completion date or performance period. The Government reserves the right to reject all offers.

8) Task Order Format. The TO will contain task order specific clauses and provisions.

(b) Task Order Award Notification. Task Order award will be via mail or facsimile. The

Task Order becomes binding when the Contracting Officer signs the order. The

Notice to Proceed (NTP) may be issued separately.

(c) Insurance. Appropriate proof of insurance must be in place before work commences.

(d) Forest Service Task Order Ombudsman. If a Contractor has not been afforded a fair opportunity to be considered for a task order, consistent with the procedures of this contract, the Contractor may submit a complaint to the Forest Service Task Order

Ombudsman. The Forest Service Task Order Ombudsman is:

The Crandall Watson, Chief, Procurement Policy Division, Office of Contracting and

Procurement, has been designated as the Departmental Task Order Ombudsman.

USDA, Procurement Policy Division

1400 Independence Ave S.W.

Washington, DC 20250

C-4 Ordering Procedures for Sole Source Task Orders

(a) The Contracting Officer reserves the right to award a Task Order without competition based on a determination that:

1) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays; OR

2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized; OR

3) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; OR

4) It is necessary to place an order to satisfy a minimum guarantee.

(b) Subcontractor costs under sole source Task Orders must show adequate competition.

Adequate competition may normally be assumed when there are at least three independent subcontractor/supplier quotes.

(c) If needed to determine price reasonableness, the Contractor shall provide copies of their offer worksheets that list the offer item cost breakout to include labor categories, hours, materials, subcontractor/supplier quotes and the prime contractor's profit and overhead separately identified. The subcontractor/supplier quotes shall be in enough detail for the Government to be able to discern the scope of the services and materials included in the price.

All prices must be fair and reasonable. The Government may negotiate the proposal as deemed necessary.

C-5 Performance Evaluations

Past performance evaluations shall be prepared at least annually and at the time a task order is completed.

C-6 Protests of Task Order Awards

In accordance with FAR 16.505(a) (10), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

C-7 Additional Contract Awards

The Government reserves the right to issue additional solicitations and award additional contracts covering the same scope of work and geographic area as this contract.

C-8 Wage Rates

Task Orders solely for dismantling, demolition, or removal of improvements, are subject to the Service Contract Labor Standards statute.

The current Service Contract Labor Standards wage determination will be issued with each

Task Order (TO).

C-9 Bio-Preferred Program Requirements

The Contractor shall comply with Section 9002 of the Farm Security and Rural

Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal

Environmental, Energy, and Transportation Management,” and the Federal Acquisition

Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) 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 Representative (COR).

The following is an example list of products that may be used in this contract for operations and maintenance for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic fluids Penetrating lubricants

Concrete and asphalt release fluids Absorbents

Diesel fuel additives Greases

Dust suppressants 2-cycle engine oil

Wood and concrete sealers Fertilizers

Roof coatings Water tank coatings

Adhesive and mastic removers Cleaners

Sorbents Floor finish

Floor stripper Composite panels

Insulating foam Sealers

Carpet Metalworking fluids

Graffiti and grease removers Stain removers

Degreasers De-icers

Biobased products that are designated 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.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Bio-Preferred Program, the Contractor is encouraged to use other biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract.

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.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product

Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts.

Within thirty (30) days of contract award, the Contractor shall submit an Operations and

Maintenance Plan. This submittal shall be approved by the COR in writing. The

Contractor shall not commence work until this submittal is approved by the COR in writing.

The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

1. The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

2. Detail on how the Contractor intends to keep abreast of the increasing availability of biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

3. Proposed biobased operations and maintenance products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment;

and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data will be submitted to the COR quarterly.

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. Therefore we will look for a Contractor who will 1) demonstrate products, and 2) when selected, offer any necessary training to all of the construction staff and 3) be available with technical assistance to trouble shoot problems.

C-10 Statement of Work/Specifications (AGAR 452.211-72) (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities

(except as otherwise specified), to perform the Statement of Work/Specifications referenced in

Section J.

C-11 Attachments to Statement of Work/Specifications (AGAR 452.211-73) (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.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=browsefar

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-4 Inspection of Services--Fixed-Price (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):

52.242-15 Stop Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

F.2 AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from June 01, 2020, through May 31, 2025.

F.3 AGAR 452.211-75 EFFECTIVE PERIOD OF CONTRACT (FEB 1988)

The effective period of this contract is from the date of contract award and ends on the day following the date of final payment under this contract.

This is the “effective period” referenced in Clause FAR 52.216-22, Indefinite Quantity (OCT

1995).

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 POST AWARD CONFERENCE (AGAR 452.215-73)(NOV 1996)

A post award conference, or teleconference, with the successful offeror(s) is required. It will be scheduled and held within 30 days after the date of contract award. The conference will be held at Olympic National Forest, Supervisor’s Office, 1835 Black Lake Blvd., Olympia, Washington , or a mutually agreed upon location.

G.2 UNAUTHORIZED INSTRUCTION FROM GOVERNMENT PERSONNEL

The Contractor shall not accept any instructions (written or oral) issued by any person employed by the Forest Service other than from the Contracting Officer, or the COR acting within the limits of their authority, that will in any manner of degree change, modify, or otherwise affect the terms, conditions, performance requirements or cost of this contract or, as applicable, that of any delivery or task orders issued under it. Any such instruction is considered an unauthorized instruction. The Contractor will not be reimbursed for any cost that is the result of an unauthorized instruction. An instruction from the COR that exceeds the limits of the COR’s letter of appointment is considered an unauthorized instruction.

G.3 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

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 be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which 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 work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

The COR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

Approve Change Orders and Modifications

Take Action to terminate the contract for default or Government convenience

Make contract adjustments under the Differing Site Conditions clause

Grant extensions of contract time.

Approve assignment of claims.

Make final decisions under the Disputes clause

Make final acceptance under the contract.

Make final decisions under the Suspension of Work clause.

Make equitable adjustments.

Authorize change in amount of Payment Retention.

Approve subcontractors.

Approve payment with deductions or final payment.

Approve use and possession prior to completion.

Enforce the warranty provisions.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 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, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

H.2 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

A. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the

Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

C. Government inspections and tests are for the sole benefit of the Government and do not--

1. Relieve the Contractor of responsibility for providing adequate quality control measures;

2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (I) below.

D. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the

Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.

The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

F. The Contractor shall, without charge, replace or correct work found by the

Government not to conform to contract requirements, unless in the public interest the

Government consents to accept the work with an appropriate adjustment in contract price. The

Contractor shall promptly segregate and remove rejected material from the premises.

G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the

Contractor or (2) terminate for default the Contractor's right to proceed.

H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the

Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the

Government's rights under any warranty or guarantee.

H.3 CONSTRUCTION STAKES, LINES, and GRADES

(a) Unless a Pay Item for Construction Staking is included in the Schedule of Items, the

Government will set initial construction stakes establishing lines, slopes, and continuous control points, reference lines, and bench marks for other structures and improvements and will furnish the Contractor with all necessary information relating to lines, slopes, and grades.

(b) These stakes and control points shall constitute the field control from which the

Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established.

If any construction control points have been destroyed or displaced or are erroneous, the

Contractor shall promptly notify the Contracting Officer.

(c) The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor's negligence or operation.

(d) In the case of alterations which involve any changes in construction staking, the

Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.

H.4 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.

H.5 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 with Part VI of the Manual on Uniform Traffic

Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

The Contractor shall 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.

H.6 SAFETY

Contractor shall provide a written health and safety plan for the inherently hazardous conditions that exist at the task order work site(s). Contractor’s health and safety plan shall identify and describe any inherently hazardous conditions and specific actions to reduce these hazards.

Safety Plan shall be submitted to the Contracting Officer (CO) at the post award conference.

The following are potential safety hazards:

1. Traffic Hazards 4. Heavy Equipment Operations

a. Narrow gravel or native surface forest roads

Backing into objects

b. Long, steep grades (less than 20%) Steep side slopes and soft road shoulders

c. Logging traffic Refueling

d. Unskilled visitor traffic Exceeding equipment limitations

e. Dusty conditions hindering visibility behind vehicles

Unsafe equipment / lack of safety equipment

2. Work Environment Operator fatigue

a. Inclement weather with potential for hypothermia

5. Excavation

b. High winds that can bring down trees and rocks

a. Slope instability

c. Wet, snowy or ice conditions making ground unstable

6. Truck Driving & Trailer Towing

d. High decibel noise a. Increased stopping distances

e. Insects, plants, & animals b. Loads insecurely tied down

3. Communications c. Low clearance

a. Poor Cell phone or radio availability for emergencies.

7. Hazard Trees

H.7 SUSPENSIONS FOR OTHER THAN GOVERNMENT’S 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.

H.8 CLEANING OF EQUIPMENT

Cleaning of Off-Road Equipment used by the Contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the CO prior to moving each piece of equipment onto the project. Upon request from the CO, arrangement will be made for CO to inspect each piece of equipment prior to it being placed into service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, and plant parts. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The Contractor shall certify in writing, compliance with the above requirements. "Off-road Equipment" includes all machinery other than log trucks, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis.

H.9 WORK/TRAVEL IN INFESTED AREAS

Forest Service will flag locations of high priority invasive plant infestations prior to work commencing and provide the contractor with a map of these locations. These areas shall be avoided during work and travel associated with the project unless otherwise directed by the

Contracting Officer. If directed to work in infested area, the contractor shall be required to prevent spreading the infestation into un-infested areas by cleaning vehicles and equipment. The contractor shall use wash stations approved by the Contracting Officer.

H.10 WEED-FREE MATERIAL, FOREST SERVICE AND CONTRACTOR

PROVIDED

All material (e.g. soil, gravel, sand borrow, aggregate, etc.) transported onto National Forest

System land or incorporated into the work shall be weed-free. The Contracting Officer may request written documentation of methods used to determine the weed-free status of any and all materials furnished by the contractor. Contractor-provided expertise and methods to establish weed-free status must be appropriate for the weeds on the current Washington State noxious weed list (http://www.nwcb.wa.gov/weed_list/weed_list.htm), and the priority weed list maintained by the National Forest project location.

The contractor shall provide the Contracting Officer written notification of proposed material sources at least 14 days prior to use. The CO will have the proposed sources inspected to determine weed-free status. If weed species are present in the proposed source, appropriate mitigation measures may allow conditional use of the source as required by the Contracting

Officer.

H.11 DISPOSAL OF INFESTED ROAD FILL

Fill material generated from the project site, containing or suspected to contain invasive plants, shall be stockpiled within the project area and as close to the infested source area as possible.

The material shall not be broadcast for disposal.

H.12 HERBICIDE TREATMENT ON PROJECT ROADS

The Contracting Officer will notify the Contractor at least 48 hours prior to application of herbicides on project roads.

H.13 REMOVAL OF DEAD OR LIVE TREES GREATER THAN 21 INCHES IN

DIAMETER

Identify and notify the CO of any tree 21 inches or larger, in diameter at breast height (dbh) that will require removal. The Forest Service will review the trees and the CO will notify the contractor of any restrictions required for removal. Restrictions may involve delay of removal for as long as four months.

Any dead, or live trees 21 inches dbh or greater, that are cut for any reasons must be left on site to contribute to down wood objectives.

http://www.nwcb.wa.gov/weed_list/weed_list.htm

Disturbance to existing large downed wood should be minimized and where they need to be moved they should be replaced in an orientation and position similar to the one from which they were removed.

H.14 EMPLOYMENT OF ELIGIBLE WORKERS (FSAR 4G52.222-701) (DEC 1999)

EMPLOYMENT OF ELIGIBLE WORKERS

Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers:

1. General

This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act

(MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers.

Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the

Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the

Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and

Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC's website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour's website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section

274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-

2B visa (H-2B worker) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis.

i. A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

http://www.dol.gov/whd/mspa/index.htm http://www.foreignlaborcert.doleta.gov/ http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers.

Immediate family includes:

• Spouse

• Children, stepchildren, or foster children

• Parents, stepparents, or foster parents, or

• Brothers and sisters

c) Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

4. Registration Requirements

a) Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Employment & Training Administration's on line iCERT

Visa Portal System at https://icert.doleta.gov/ or by paper application.

b) Any contractor who meets the definition in (2.c.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal

DOL Farm Labor Contractor Certificate of Registration

(http://www.dol.gov/whd/forms/fts_wh530.htm). The contractor shall carry the certificate at all times while engaged in contract performance and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined as an FLC in paragraph (2.c.) must have their own FLC Employee Certificate. General information about

MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www.dol.gov/whd/regs/compliance/whdfs49.htm.

5. Certifications

The Contractor shall provide applicable H-2B Temporary Employment Certificate and/or

Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements. Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime Contractor. It is the Prime Contractor's responsibility to ensure the

Subcontractor's information is provided to the Contracting Officer.

http://www.dol.gov/whd/regs/compliance/whdfs78.htm http://www.dol.gov/whd/forms/fts_wh530.htm http://www.dol.gov/whd/regs/compliance/whdfs49.htm

6. Worker Protections

a) Worker Information Posters

i. A contractor who uses the H-2B program to meet its temporary employment needs must post and maintain the H-2B poster (WH-1505) in a conspicuous location accessible to workers at the job site.

ii. The contractor shall display and maintain the MSPA poster (WH-1376) on the job site in a conspicuous location accessible to workers during the contract performance period.

b) Personal protective equipment

i. 29 CFR 1910 Subpart I, OSHA's General Industry personal protective equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate

PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

ii. Before a worker begins operating equipment, the contractor shall train the workers on the safe operation and use of the equipment.

iii. The contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, wherever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes:

• Head Protection

• Hearing Protection

• Eye/Face Protection

• Leg Protection

• Foot Protection

• Hand Protection

iv. PPE must be sanitary and in reliable condition. Do not use defective or damaged PPE.

PPE must be inspected prior to use on each work shift to ensure it is in serviceable condition.

v. A checklist of applicable PPE guidelines typical for the work performed under this contract is provided. This does not relieve the contractor of the responsibility of performing a risk assessment or providing the necessary PPE for their operations.

Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or

OSHA 3151-12R 2003 Personnel Protective Equipment Booklet. The booklet can be found at https://www.osha.gov/Publications/osha3151.pdf.

• Manual Logging and Forestry Related activities:

https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html

• General Machine and Vehicles Logging and Forestry Related activities:

https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html

c) Field Sanitation. OSHA established minimum standards for field sanitation in covered agricultural settings. Refer to Fact Sheet # 51 Field Sanitation Standards under the

Occupational Safety and Health Act.

7. Employment Requirements –

Fact Sheets with relevant information may be found at http://www.dol.gov/WHD/fact-sheets-index.htm.

a) Contractors employing workers in forestry related work are required to comply with wage and payroll standards and recordkeeping requirements. Refer to Fact Sheet #63:

Application of Federal Labor Laws to Reforestation found on the DOL Wage and Hour

Division webpage.

b) Contractor Employee List. Contractors are required to maintain and provide upon request an active list of all employees performing work on the job site under this contract.

The Employee List will identify employees by full name (aliases), supervisory duties if applicable, and appropriate labor Occupation Code for work performed under the Service

Contract Act Wage Rates applicable to this contract. If Subcontractors are utilized, all tiers of subcontractor(s) are responsible for providing the same information for their employees to the Prime for submittal to the Contracting Officer.

8. Transportation

a) The contractor shall be registered to transport employees, unless employees provide their own transportation…