1205K318R0007_RCM_BASE_IDIQ.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USDA FOREST SERVICE

GIFFORDPINCHOT NATIONAL FOREST

501 E 5TH STREET 404

VANCOUVER WA 98661

05K3

GIFFORD PINCHOT NATIONAL FOREST

ATTN: STEVONNE FULLER

501 E. 5th Street BLDG. 404

VANCOUVER, WA 98661

STEVONNE FULLER 360-891-5085

1x 07/10/2018

1205K318R0007

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

ROAD CONSTRUCTION AND MAINTENANCE IDIQ

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

0 0 calendar days and complete it within ________________ ________________ calendar days after receiving

Seed Task Orders

08/09/2018

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time

________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA FOREST SERVICE

GIFFORDPINCHOT NATIONAL FOREST

501 E 5TH STREET 404

VANCOUVER WA 98661

05K3

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

JUSTIN HOLDER

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

1205K318R0007 Road Construction and Maintenance IDIQ Gifford Pinchot NF

PART I – THE SCHEDULE

SECTION A—PROJECT GENERAL INFORMATION

A.1 FOR INFORMATION CALL:

Molly Williams 360-497-1171 Technical Contact Telephone No.

A.2 THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK

DESCRIBED IN THESE DOCUMENTS

Road Construction and Maintenance Indefinate Delivery Indefinate Quantity Contract (RCM IDIQ)

Gifford Pinchot National Forest

PART I—THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 Schedule of Items

Note 1: This is an Indefinite Delivery Indefinite Quantities (IDIQ) contract. The Quantities in the attached task orders are for price evaluation purposes. Work may not be performed on all items, and no single item has a minimum or maximum amount.

Note 2: Price proposals will be submitted for each task order.

Note 3: Be sure to submit the capability information, (past performance and experience) as required, to be evaluated for contract award as identified in Section M. Failure to submit the required information will cause the offeror to be evaluated as if they had no experience or past performance.

Note 4: Task orders placed against each of the awarded contract(s) will include Pay Item Numbers and Quantity of each Sub-item ordered. A task order will be issued designating the location of the work and the time frame in which it shall be completed. The Government may or may not schedule a joint site visit for individual task orders. Payments will only be made on those items completed by the Contractor, inspected and accepted by the Government.

Note 5: All danger tree removal shall include removal of all limbs and debris within the traveled way and clear width per specification 851.

Note 6: Contractors are responsible for field verifying conditions of solicited bid items to calculate the work required to give an adequate bid. Failure to visit the site cannot be used as an excuse for omission or miscalculation in offers.

RATES FOR EMERGENCY SERVICES-EQUIPMENT WITH OPERATOR

Item No. Description Unit Unit Price

1 Excavator, mini Hour $________ 2 Excavator, small Hour $________ 3 Excavator, medium Hour $________ 4 Excavator, large Hour $________ 5 Backhoe Hour $________ 6 Grader Hour $________ 7 Dozer, Small Hour $________ 8 Dozer, Medium Hour $________ 9 Dozer, Large Hour $________ 10 Dump Truck Hour $________ 11 Front End Loader Hour $________ 12 Snowplow Hour $________

Note 7: When there is no government source available for rock or embankment material, material will need to be obtained from a certified weed free commercial source. Submit scale tickets for any material from CO approved commercial source. Weight slips shall be signed by the scale operator or signed by the service provider if the slip is electronically produced.

Note 8: The method of payment for emergency services only is by the hour. Rates for emergency services can be updated annually. All other work ordered units will be determined on the task order level.

Note 9: This Request for Proposal (RFP) is 100% Set-aside for Total Small Business Concerns.

Awarded Contracts will be for five years. Not to exceed a total of five years. Seven to twelve multiple award task order contracts (MATOC) are anticipated.

Note 10: Unless otherwise noted in the schedule of items, or elsewhere, bid items are considered contract quantities.

Note 11: Contractors are responsible for ensuring the bid item payment units are understood. For example, the pay unit for single lane mile or double lane mile is paid by the distance between beginning and end points and not by the distance accumulated by the number of passes the work requires.

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

A. During the period specified in FAR clause 52.216-18 ORDERING, the Government shall place orders totaling a minimum of $ 2,500.00 but not in excess of $ 15,000,000.00. The maximum is inclusive of the total 5 year base period of all task orders issued under all awarded contracts.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract

A. The intent of this Road Construction and Maintenance IDIQ (RCM IDIQ) construction and service contract is to provide for road construction and maintenance on the Gifford Pinchot National Forest. The road work may occur on any district within the forest, see the attached maps. 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 C within the timeframe specified in Section F of the contract. The Contractor shall assume all risk, loss, damage, or expense arising out of the prosecution of the work, except as otherwise provided in the contract.

B. See Section C-14 for a list of road construction and maintenance covered in this contract.

Road maintenance services shall comply with the Service Contract Act and road construction shall comply with the CWRRS.

C. Task orders as a result of the awarded contract(s) will be awarded competitively, unless the Contracting Officer determines a sole source award is necessary and/or in an emergency need, there is not time to compete before award.

D. The Forest Service may utilize a time-and-materials approach in which specific equipment will be ordered, with an operator, on a per hour basis for emergency situations. In such a situation, it may not be possible to accurately estimate the amount or duration of work needed for project completion. The Contractor shall provide the necessary equipment, with operator, to adequately perform the tasks at hourly rates negotiated for that task order between the Forest Service and the Contractor.

C-2 Ordering Procedures for Competitive Task Orders

A. As previously mentioned, unless emergency situations arise, task orders will be awarded competitively between all the awarded IDIQ Contractors.

1. Task order proposals will not be publicly opened or released. Unsuccessful offeror’s task order proposal information will not be made available.

2. A Task Order Pricing Request will be issued to all awarded Contractors and includes the scope of work, specifications, and all attachments.

B. When the Government requires work under this IDIQ, a task order solicitation will be issued to the awarded IDIQ Contractors. This task order solicitation will include information such as contract requirements, physical data, site visit details, evaluation criteria, drawings, a schedule of items (unless emergency situations) and submission requirements.

C. Contractors will not be reimbursed for quote preparation, attendance during negotiations, site visits, walk-through or other pre-task order costs.

1. 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.

2. Government payment for items listed in the Schedule of Items of individual task orders shall constitute full compensation to the Contractor.

D. Declining a Task Order: Each Contractor shall submit offers on at least 50% of task order pricing requests issued, until awarded a task order which satisfies the minimum contract amount. After the minimum has been satisfied, they are not required to submit pricing for each task order, although encouraged. The Contractor must give written notification to the Contracting Officer of the intent to decline competing for a subsequent task order.

E. Evaluation Method and Procedures: The basis of award for individual task orders may vary dependent upon the goals and objectives for each task order. The basis of award will be described in the task order pricing request.

F. Award Decision: When 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.

G. Task Order Format: The task order award documents will contain task order specific clauses and provisions. All other clauses and provisions will be in the master IDIQ.

H. Task Order Award Notification: The task order award will be submitted via mail, facsimile, or e-mail.

I. Performance/Payment Bonds: The Contractor shall submit Performance and Payment bond documents on a task order by task order basis. Performance and Payment bonds shall be submitted for any task order requiring more than $150,000.00 in construction. Payment protection, in the form of a payment bond, irrevocable letter of credit, or tripartite escrow agreement, is required for task orders requiring more than $30,000.00 and less than or equal to $150,000.00 in construction.

1. The Contractor shall ensure the IDIQ Contract number and the task order number are included on each Performance and Payment bond document. Bond documents not containing the required information will be rejected for corrections.

J. 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:

Assistant Director of Policy USDA, Forest Service, Acquisition Management 1400 Independence Ave., SW, Mailstop 1138 Washington D.C. 20250-1138

C-3 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. 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

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

B. If necessary 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 (if applicable) and the prime contractor’s profit and overhead separately identified.

C. All prices must be fair and reasonable. The Government reserves the right to negotiate the proposal as deemed necessary.

C-4 Performance Evaluations

A. At the Government’s discretion, at the conclusion of each task order or when the Contractor’s performance is considered less than satisfactory, the Government will complete a Contractor’s performance evaluation. The evaluation will take into account all aspects of the Contractor’s performance. The Contractor will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation.

C-5 Protests of Task Order Awards

A. 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 a protest on the grounds that the order increases the scope, period, or maximum value of the contract or that the order is valued in excess of $10 million.

C-6 Additional Contract Awards

A. 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-7 Furnishing of Material and Equipment

A. Unless otherwise stated in the contract, the contractor shall furnish all material and equipment required for performance of the contract. All material and equipment shall comply with the specifications and supplemental documents.

B. The Contractor shall furnish and deliver the material and equipment to the work site in such a manner that their quality and fitness for the work is preserved. The Forest Service reserves the right to reject any damaged materials.

C. Measurement and payment for contract work will be made only for those pay items included in the Schedule of Items.

D. The Contractor shall be responsible for furnishing warning devices and complying with the safety standards and traffic management procedures in Specification 808 of this contract for all service task orders and the FP-14, or superseding document adopted by the Forest Service, for construction task orders.

C-8 Coordination of Specifications for Road Work

A. Standard Specifications:

a. “800” series, Performance Based Road Maintenance Specification, attached to this contract. There will be gaps between the section numbers due to the fact that many sections have been purposely omitted or because certain specification sections have been reserved for possible future inclusion in the "800" series.

b. FP-03, Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects ,or superseding document adopted by the Forest Service, attached by reference.

c. FP-14, Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects ,or superseding document adopted by the Forest Service, attached by reference.

B. Supplemental Specifications for this project refine, revise, and add to the requirements stated in the Standard Specifications, either FP-03, FP-14 or “800” series, and shall be included at the task order level when appropriate.

C. The Standard Specifications and Supplemental Specifications must be read as a whole to gain a full understanding of the work required. In the case of discrepancies, however, between these specifications, the Supplemental Specifications will take precedence over the Standard Specifications.

C-9 Definitions, Abbreviations and Quantity Measurement Terms

A. Definitions -Certain specifications are common to contract and timber sale requirements. Where ever in these specifications, or in other contract documents, the following terms or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

1. Appurtenance – An accessory part of a major element that is necessary for the complete use of the major element and would not be necessary without the major element.

2. Back Slope (Cut Slope) -The slope section furthest from the traveled way extending from the bottom of the ditch to the grade break with the original ground. (See Road Structure Terms Drawing.)

3. Base Course -The layer or layers of specified or selected material of designed thickness placed on a sub-base or a sub-grade to support a surface course. (See Road Structure Terms Drawing.)

4. Berm -curb or dike which controls roadway runoff water. Berms commonly parallel road centerline. (See Road Structure Terms Drawing.)

5. Channel -A natural waterway leading into or away from a culvert or bridge.

6. Contract Amendment -A bilateral written supplemental agreement between the Government and the Contractor, documenting a modification outside the scope of the contract and establishing an equitable adjustment therefore.

7. Contractor -The individual, partnership, joint venture, or corporation undertaking the execution of the work under the terms of the contract.

8. Culvert -Any structure which provides a passageway, drain, or waterway under a road or embankment. Cross Ditch -A shallow ditch placed across the roadbed to remove water from the roadbed surface which can be driven across by full size pickups or by other high clearance vehicles; usually placed diagonally to centerline. (See Cleaning Ditches and Drainage Structures Drawing.)

9. Lead-off ditch -A specific type of manmade ditch used to remove water from roadside drainage ditches, the roadway, cattle guards, or drainage structures such as culverts and drainage dips.

10. Ditch -A relatively long narrow excavation placed to collect or disperse water. The ditch cross section includes the fore slope, ditch bottom, and the portion of the back slope equal in depth to the fore slope depth.

11. Ditch Dam – Constructed barrier which channels water flowing in a ditch thru a culvert inlet and prevents the water flow from continuing down the ditch and bypassing the culvert inlet.

12. Drainage dip (Drivable Cross Ditch) -A drainage structure constructed within the roadbed surface to form a uniform depression which allows routine passage of standard passenger cars while diverting water from the traveled way. (See Drivable Cross Ditch Drawing).

13. Drainage ditch -A specific type of furrow ditch located parallel to and abutting the roadbed.

(See Road Structure Terms Drawing.)

14. Drainage structure -A general term denoting any man made device placed to control water movements along, under or across the roadway. Includes ditches, culverts, bridges, etc.

15. Drawings -Depictions detailing maintenance contemplated including all road listing diagrams, maps, and performance schedules included in the contract.

16. Equipment -All machinery, operating supplies and tools necessary for the proper performance and acceptable completion of the work.

17. Excess Material -Material from the roadway excess to that needed for maintenance of roadway.

18. Fore slope -The slope of the ditch section nearest to the traveled way. (See Road Structure Terms Drawing.)

19. Furrow ditch -Any ditch which nominally parallels the road centerline and diverts water from natural flow patterns to protect road slopes, roadbed, or down slope areas. Furrow ditches may be located within the roadway or roadside, but as used in this contract excludes drainage ditches.

20. Grade -The trace of vertical plane, as shown on the drawings, intersecting the top surface of the road.

21. Materials -Any substance specified for use in the performance of the work.

22. Measurement -Method of determining and expressing the quantities of work

23. Nominal dimensions or Weights -The numerical values shown on the drawings or in the specifications as measurements for the work.

24. Order -A written order by the Government directing fulfillment of work requirements under the terms of the contract

25. Original Contract Quantities -Those estimated quantities shown in the Schedule of Items as awarded.

26. Patching -Minor repairs incidental to recurring maintenance which is not substantial in nature.

27. Paved Surface or Pavement -Denotes asphalt, concrete, or other stabilized materials excluding natural aggregates. Dust palliative treatments are not considered as pavement.

28. Reasonably Close Conformity -Means compliance with customary maintenance tolerances where working tolerances are not specified.

29. Recondition –Restore back to serviceable condition using existing materials.

30. Right-of-Way -A general term denoting land, property, or interest therein acquired for or devoted to a road.

31. Roadbed -The portion of a road between the intersection of the sub grade and side slopes, excluding that portion of the ditch below the sub grade. (See Road Structure Terms Drawing.)

32. Road Listing -A listing of road locations and any established work priorities included in the contract as a drawing to indicate current estimates of contract timing; subject to revision in accordance with Contract Section F in developing the work schedule.

33. Road Maintenance Levels Definition as used in this Contract –

a. Maintenance Level 4 & 5: Roads with a moderate to high degree of user comfort and convenience. These roads receive maintenance on a routine basis, normally with brushing done yearly or biyearly.

b. Maintenance Level 3: Roads maintained for use by a prudent driver in a passenger car.

These roads generally receive maintenance on a routine basis, normally with brushing done every 3 to 4 years.

c. Maintenance Level 2: Roads maintained for use by high clearance vehicles. These roads generally receive only drainage related maintenance on a routine basis, and usually getting relegated to the lowest priority for brushing. Many have become mostly brushed in.

34. Roadside – The portion of the section between the Right of Way limits and the cut or fill slope catch point. (See Road Structure Terms Drawing.)

35. Shoulder -The portion of the roadway contiguous with the traveled way for the accommodation of stopped vehicles, for emergency use, and for lateral support of pavement structure. As used in this contract, the term is restricted to roads having an asphalt surface. (See Road Structure Terms Drawing).

36. Slide -A concentrated deposit of materials from above or on the back slope extending onto the traveled way or shoulders, whether caused by mass land movements or accumulated raveling.

37. Slump -A localized portion of the roadbed which has slipped or otherwise become lower than the adjacent roadbed and constitutes a hazard to traffic.

38. Supplemental Specifications -Specifications refine, revise, and add to the requirements stated in the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects.

39. Standard Specifications -Broadly-used (for instance throughout the Pacific Northwest Region of the Forest Service) specifications for specific divisions of the work, such as: Blading, Paved Surface Cleaning, Ditch Maintenance, etc.

40. Sub grade -Top surface of roadbed upon which sub-base, base course, or surface course was constructed. (See Road Structure Terms Drawing.)

41. Surface Course -The top layer of a pavement structure, sometimes called the wearing course, usually designed to resist skidding, traffic abrasion, and the disintegrating effects of climate. (See Road Structure Terms Drawing.)

42. Traveled Way -The portion of the roadway for the movement of vehicles, exclusive of shoulders on asphalt paved roads. For purpose of this contract, traveled way includes turnouts and curve widening. (See Road Structure Terms Drawing.)

43. Turnouts -A short auxiliary lane on a one lane road provided for passage of meeting vehicles.

44. Unsuitable Material -Material removed during maintenance which must be disposed of in designated locations. Examples – clay serpentine or other unstable material or material with substantial amounts of vegetation or other objectionable matter.

45. Water bar -A deeper type cross ditch which is not intended for passage of traffic, (See Waterbar Drawing.)

46. Disperse - Spread widely; disseminate.

C-10 Illustration of Road Maintenance Terms -Drawings 801-1

A. Drawing 801-1, attached in section J illustrates some of the terms defined above.

C-11 Abbreviations

A. Whenever in these specifications, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

1 AASHTO -American Association of State Highway and Transportation Officials.

2 CS -Commercial Standard issued by U.S. Dept. of Commerce.

3 EPA -Environmental Protection Agency.

4 FAR -Federal Acquisition Regulation.

5 FP-14 or Superseding Document - Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects 6 FSSS –Forest Service Supplemental Specifications to the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects 7 MSHA -Mine Safety Health Administration.

8 MUTCD -Manual of Uniform Traffic Control Devices.

9 NBS -National Bureau of Standards.

10 OSHA -Occupational Safety and Health Act.

11 PS -Product Standard issued by the U.S. Dept. of Commerce.

12 UL -Underwriters Laboratories, Inc.

C-12 Quantity Measurement Terms A. Measurement under the contract shall be according to standard measure.

B. The methods of measurement and computation will be those necessary to accurately determine the quantities of materials furnished and work performed.

C. All items measured by the mile will be parallel to its longitudinal centerline, unless otherwise shown on the drawings.

D. A station, when used as a definition of term or measurement, will be 100 feet.

E. Miles will, in the absence of known distances from existing plans or surveys, be determined by the

Government using a calibrated survey odometer or distance measuring device operated on the traveled way at or parallel to road centerline.

F. Bid items in the schedule listed as cubic yards (CY) are in-place contract quantities. Submit scale tickets for any material from CO approved commercial source. Weight slips shall be signed by the scale operator or signed by the service provider if the slip is electronically produced.

Quantities delivered by the contractor may vary due to expansion of the material in trucks and compaction of the material in place.

G. Government and commercial furnished materials measured by the cubic yard are measured in place once compacted.

H. A commercial material certification may be submitted and is a manufacturer's representation that the material complies with all contract requirements. The representation may be labels, catalog data, stamped specification standards, or supplier's certifications indicating the material is produced to a commercial standard or specification which must be accepted by the

CO.

I. Material accepted by certification may be sampled and tested at any time. If found not in conformance with the contract, the material will be rejected whether in place or not.

J. Measurement by the acre will use the length and width treated. Measurement of width will approximate significant slope breaks, but will not include minor deviations along the slopes.

K. Volume of bituminous products will be measured at 15.6 degrees C (60.08 degrees F), using ASTM D1250 for asphalt. Emulsified asphalt shall be measured at 15.6 degrees C, or by converting the volume (Liters) at another temperature to volume (Liters) at 15.6 degrees C by means of the following formula:

L at 15.6 °C = L at T °C

1 + 0.00045(T °C − 15.6°C)

Where:

T ºC = temperature of the emulsified asphalt at the time the volume is measured.

L = liters.

L. The term "Lump Sum" when used in the Task order Schedule of Items will mean the complete unit as required by or described in the contract.

M. Measurement will be made of each item or unit of work, as shown in the Schedule of Items, completed and accepted in accordance with the contract provisions, specifications and drawings.

C-13 Coordination of Contract Documents

A. The specifications, drawings, and all other provisions are essential parts of the contract. They are intended to be mutually complementary. In the case of discrepancy, the following is the order of precedence (supplementing FAR 52.214-29 in Section L of this contract):

1 The Schedule (excluding the specifications) 2 Representations and other instructions documented in writing 3 Contract clauses 4 Supplemental Specifications 5 Other documents such as drawings, exhibits, and attachments 6 The standard specifications.

C-14 Applicability of the Service Contract Act (SCA) and Construction Wage Rates Requirements Statute (CWRRS)

A. The Contractor is responsible for compliance with the Service Contract Act (SCA) and Construction Wage Rates Requirements Statute (CWRRS). The Department of Labor (DOL) is responsible for enforcement of the SCA and CWRRS. Contractor shall contact the DOL to resolve any questions concerning the applicability of the SCA or CWRRS. The DOL has provided the Forest Service with the following guidelines concerning road maintenance activities. Note: This is not an all-inclusive list. The work to be performed under this IDIQ includes but is not limited to:

1. The SCA applies to the following typical activities on, or along, a paved road:

a. Brushing and mowing;

b. Ditch cleaning and brushing;

c. Sign, cattleguard, gabion, and guardrail repair;

d. Minor patching performed in conjunction with normal maintenance activities;

e. Cleaning culverts;

f. Minor slump/slide removal;

g. Litter cleanup; and

h. Minor culvert and drainage repair.

i. Snow removal

j. Road Decommissioning (can be SCA or CWRRS)

2. The SCA applies to the following typical activities on, or along, an unpaved road:

a. The above noted activities;

b. Grading;

c. Rock raking; and

d. Removal of oversized material.

3. The CWRRS applies to the following typical activities:

a. Patching of asphalt or other pavements;

b. Replacing culverts;

c. Striping pavements;

d. Rehabilitation/recycling pavements;

e. Fog or chip sealing;

f. Major slump/slide removal;

g. Bridge maintenance; and

h. Aggregate surfacing, except minor spot surfacing.

i. Damaged road repair.

C-15 Statement of Work/Specifications (AGAR 452.211-72)(FEB 1988)

A. The Contractor shall furnish the necessary personnel, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C-16 Attachments to Statements of Work/Specifications (AGAR 452.211-73)(FEB 1988)

A. The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C-17 Permitting

A. Road Use Permit – Individual task orders will identify the appropriate office for obtaining needed Forest Service road use permits. Contractor will obtain a road use permit from the Forest Service prior to transporting equipment on Forest Service property. Forest Service road use permits for the seed projects may be obtained by contacting the Cowlitz Valley District Ranger. Please see http://www.fs.usda.gov/main/giffordpinchot/passes-permits/other for additional information. Please allow up to 7 days to process these permits.

B. Overload Limit & Overwidth Permits (As required)- All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, overwidth permits. Individual task orders will identify the appropriate office for obtaining needed Forest Service overload permits. Forest Service overload permits for the seed projects may be obtained by contacting the Cowlitz Valley District Ranger. Please see http://www.fs.usda.gov/main/giffordpinchot/passes-permits/other for additional information. Please allow up to 28 days to process these permits.

C. Overweight Bridge Use Permit - Contractor will obtain an overweight bridge use permit from the Forest Service prior to transporting overweight equipment on Forest Service bridges. Forest Service overweight bridge use permits for this contract may be obtained by contacting Jonathan Heyl jheyl@fs.fed.us or 360-891-5181. Please see http://www.fs.usda.gov/main/giffordpinchot/passes-permits/other for additional information. Please allow up to 7 days to process these permits.

C-18 Bio Preferred Products

A. The Contractor must 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.

B. 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 (CO).

C. The following are examples of products that may be used in this contract for which biobased http://www.fs.usda.gov/main/giffordpinchot/passes-permits/other http://www.fs.usda.gov/main/giffordpinchot/passes-permits/other mailto:jheyl@fs.fed.us http://www.fs.usda.gov/main/giffordpinchot/passes-permits/other 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 2-cycle engine oil Multipurpose Lubricants

D. Biobased products that are designated for preferred procurement under USDA’s Bio-Preferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor shall provide data for their biobased products such as biobased content.

E. 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.

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

a. As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c) (3)), the Offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the Offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

G. The Contractor shall comply with the provision at FAR 52.223-2, Affirmative Procurement of

Biobased Products Under Service and Construction Contracts.

(a). In the performance of this contract, the contractor shall make maximum use of bio-based products that are United States Department of Agriculture (USDA) designated items unless--

(1) The product cannot be acquired--

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b). Information about this requirement and these products is available at http://www.biopreferred.gov.

http://www.biopreferred.gov/

(c). In the performance of this contract, the Contractor shall--

(i) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(ii) Submit this report no later than

(iii) October 31 of each year during contract performance.

H. 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.

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/Far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The following clause applies to all ordered service tasks:

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

The following clause applies to all ordered construction tasks:

52.246-12 Inspection of Construction (AUG 1996)

The following clause applies to all project work paid for by the hour:

52.246-6 Inspection – Time-and-Material Labor-Hour (MAY 2001)

SECTION F--DELIVERIES OR PERFORMANCE

F-1 Clauses Incorporated by Reference (FAR 52.252-2)(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/Far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The following clause applies to all ordered construction tasks:

52.242-14 Suspension of Work (APR 1984)

The following clauses applies to all ordered service tasks:

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F-2 Commencement, Prosecution, and Completion of Work (FAR 52.211-10)(APR 1984)

The Contractor shall be required to: (a) Commence work under this contract within the number of calendar days or date specified in the task order 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 the date specified in the task order. The time stated for completion shall include final cleanup of the premises.

F-3 Effective Period of the Contract (AGAR 452.211-75) (FEB 1988)

The effective period of this contract is from date of contract award through the date 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).

F-4 Bio Preferred Product Performance Requirements Summary

Required Service - Ensure the mandatory purchasing & use of biobased products.

Performance Indicator – Quantitative Factor Performance Standard - Contractor compliance with FSIRA, EO 13423, and FAR Surveillance Methodology – 100% Inspection

AQL – 100%

Deduction – 5%

SECTION G – CONTRACT ADMINISTRATION DATA

G-1 Government Furnished Property

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract:

- Government Furnished Property will be identified in each individual task order.

G-2 Post Award Conference (AGAR 452.215-73)(NOV 1996)

A post award conference with the successful offeror is required for task orders. The conference will be scheduled within 15 days after the date of contract award. The conference will be held at Gifford Pinchot National Forest Headquarters office located in Vancouver, WA, or another Forest Service office agreed upon by both parties.

G-3 Designation of Contracting Officer’s Representative

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

B. 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.

C. 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).

D. 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.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-1 Emergency Control (AGAR 452.236-77) (JUL 1985)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause

52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

H-2 Landscape Preservation

A. Erosion Control Measures

1. Control of Erosion, Sedimentation, and Pollution (AGAR 452.236-74)(NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

2. Specific erosion control measures shall be provided at the individual task order level when required.

B. Landscape Preservation

1. The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

2. Prevention of Oil Spills -If the Contractor maintains storage facilities for oil or oil products on Project Area, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

3. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

4. A Hazardous Material kit shall be on site, and would contain materials to control/contain a spill of fuel, oils, and/or hydraulic fluid. In addition, at a minimum, each piece of heavy machinery shall have oilsorbent pads or pillows on hand to handle small spills quickly.

5. All service work on heavy machinery and refueling will be done on an established system road at a site approved by the Forest Service. Refuel power equipment or use absorbent pads for immobile equipment at least 150 feet from water bodies to prevent direct delivery of contaminants into streams, or as far as possible from streams where local site conditions do not allow a 150-foot setback.

6. All material (e.g., soil, gravel, sand, borrow, aggregate, etc.) transported onto National Forest System land or incorporated into the work will be certified weed-free. The materials shall meet the requirements of the NAWMA certification standards for weed free certification. The Contracting Officer will require written documentation of the certification to determine the weed status of any and all materials furnished by the contractor.

C. Cleaning Of Tools and Equipment

Cleaning of 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 Forest Service prior to moving each piece of equipment onto the project and make arrangements for Forest Service 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 in preventing the introduction/spread of the seeds of noxious weeds onto National Forest land.