Sol_12363N21Q0021.docx

ROADSIDE BRUSHING Solicitation: 12363N21Q0021

ROADSIDE BRUSHING VEGETATION MANAGEMENT Solicitation: 12363N21Q0021

DATE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

calls)

8. OFFER DUE DATE/

LOCAL TIME

2:30 p.m.PDT

USDA Forest Service Stewardship Contracting Branch Colville NF Supervisor Office 765 South Main Street Colville, WA 99114

(WOSB) ELIGIBLE UNDER THE WOMAN-

OWNED SMALL BUSINESS PROGRAM

115310

$16.5 Million

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT TERMS

|_|13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. Rating

14. METHOD OF SOLICITATION

Email: Darren.zychek@usda.gov USDA-FS Stewardship Contracting Branch 1400 Independence Ave. SW

MS-1138

Washington DC 20250-1138

Email: @ Telephone No: ( ) - x Invoice Processing Platform (IPP) All invoices must be submitted electronically through the Invoice Processing Platform (IPP) Via www.IPP.gov

DUNS:

BELOW IS CHECKED

|X| SEE ADDENDUM

ROADSIDE BRUSHING

COLVILLE NATIONAL FOREST

FOREST WIDE

See attached Schedule of items

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

HERBICIDE HAND APPLICATION – BRADFORD RD Solicitation: 12363N21Q0007

2014 Central Oregon Restoration Project Solicitation #AG-04H1-S-19-4011

Continuation of Blocks 19-24 of SF-1449.

GENERAL INFORMATION:

Quotes shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension will be requested. Refer to Section 50 for instructions on preparing your technical proposal/package and quote pricing.

All Contractors must be actively registered in the System for Award Management (SAM) (https://SAM.gov) to be eligible for award under this solicitation. If not actively registered by time of proposal evaluations, you will be found non-responsive. Registration in SAM is a free service – you do not need to pay to register in this system. If your registration is not active, you will not be considered for award.

SCHEDULE OF ITEMS

Item #1: Road Sid Brushing:

0001a - ROADWAY VEGETATION MANAGEMENT SERVICES

Total:

Optional Item #2:

0001a - ROADWAY VEGETATION MANAGEMENT SERVICES

Total:

Note: This opportunity requirement is a Request for Quote. All data and information submitted on this opportunity is to be considered information until a tentative quote has been identified/selected through Best Value techniques. For the entirety of the base solicitation and throughout all corresponding attachments, where the word “Offer” appears shall be replaced with “Quote” and “Offeror” appears shall be replaced with “Quoter.”

All Items must have a priced out to the nearest 1/100th of a cent. Payment will be made on the 1/100th of the mile measurement. All quantities are estimated quantities. Payment will be made upon submission measurements from the Contractor and ground truth verified by the Government prior to receipt and full acceptance for payment.

LAND MANAGEMENT ACTIVITIES.

Performance of land management activities shall be in accordance with Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule of Items will be made in cash via Electronic Funds Transfer (EFT).

B. A rate must be included for each item to be considered for award.

C. Award shall be made to one bidder.

D. This is a performance-based service contract; see Section 4.3 for disincentive features.

Price quotation furnished by:

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (Using IPP now) See #41.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

PERMITS AND RESPONSIBILITIES (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

(End of clause) Note: The above clause does not preclude expected quoter to be supplied any or all known regulatory certifications, permits, etc. to legally conduct stewardship work under this request for quote, should award be made. All expected quoters are encouraged to know the Federal and local prevailing labor laws and inspection standards for stewardship work within the State in which award is to be made. This is to include all known Farm Labor permits and timely submission for H2B-1 and Migrant Seasonal Worker Protection personnel. All posters and mandatory DOL and OSHA inspection criteria to be posted within the public work area for all workers free access may be obtained form DOL and OSHA via online downloads. The Government does not guarantee access nor full distribution of these items to the prospective awarded contractor.

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased 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.

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

(1) 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

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

PROJECT DESCRIPTION

1.1 Scope of Contract. Award of this solicitation will result in Firm-fixed Price contract, at locations throughout the Colville National Forests. The performance-based services covered in this solicitation and resultant contract require the contractor to furnish all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform machine roadside brushcutting and clearing of designated roads, in compliance with the terms, specifications, conditions, and provisions of this solicitation. . The equipment used to perform this work shall meet safety standards and shall be in good mechanical condition.

1.2 Work Objective. Successful, quality performance will result in a clear line of sight, clear of debris as outlined in specifications.

1.3 Location and Description.

1.31 The work sites are located on the Tonasket, Republic, Three Rivers, Sullivan Lake, and Newport Ranger Districts of the Colville National Forests. The locations and miles of roads and other information pertinent to each road will be identified in the task orders issued prior to starting work. Maps may be requested from the respective Ranger District Offices:

1.3.2 This work consists of cutting vegetative growth including trees six (6) inches or less in diameter (when measured 6 inches above the ground) which interferes with the sight distance and drainage features along the roadway. Work also includes the removal of all logs and windfall within the specified clearing limits. The clearing limits are shown in the attached typical section. This includes a horizontal distance of ten (10) feet, (or a slope distance of 12 feet) from the bottom of the ditch for the roads with ditches, eight (8) feet horizontal distance (or a slope distance of 12 feet) from hinge without ditch, and a horizontal distance of four (4) feet (or a slope distance of six (6) feet) from the shoulder of the fill side. Clearing shall include turnouts and curves.

1.3.3 If brush cutting is needed within riparian areas (particularly stream crossings) heavy machinery shall be used only from the established road prism and only to the shoulder. Riparian areas are any road or road segment 20 feet or closer to a live stream.

1.3.4 Standard Maintenace Brushing will require removal of low brush and a few tress scattered along shoulders of the roadway varying to denser brush and trees along the entire length of the shoulders of the roadway. Occasional roads may require Heavy Maintenance Brushing where heavier brush and small trees with stems up to approximately 2” diameter encroach into the shoulders reducing the travel width.

2. CONTRACTOR WORK REQUIREMENTS

2.1 Moving of Equipment and Supplies. The moving of equipment and supplies to the job site and between job sites shall be the contractor's responsibility and is incidental to Pay Items as shown in the Schedule of Items and no separate payment shall be made.

2.2 Replacement of Equipment. Contractor shall provide quality equipment capable of safely performing the work under the terms of the contract. All repairs are the total responsibility of the Contractor.

2.3a Existing Facilities. All existing facilities such as signs, cattleguards and drainage structures and road surfacing damaged by the Contractor's operations shall be replaced or repaired by the Contractor at no cost to the Government.

Restrictions. For Forest Service bridges in the State of Washington, overload permits are required for all loads exceeding the state’s legal loads, as found in the Washington State Revised Code RCW 46.44.041, Washington State - Maximum gross weights—Wheelbase and axle factors. The table follows the federal weight formula controlling the spacing and weights of axles. Any vehicle with axle weights and/ or axle spacing not in conformance with Washington Weight Table 1 require a USDA Forest Service Bridge Permit to cross any Forest Service Bridge; a Washington State overload permit is not applicable on Forest Service roads and bridges. The Contractor shall submit the “FS Bridge Use Application and Permit” a minimum 30 days prior to use. It is the permittee’s responsibility to ensure that the permit vehicles can safely maneuver the current conditions and alignment of the permit roadway and any structures without damage of public or private property. Approved permits may also contain language regarding stopping, speed, and alignment on structures.

*NOTE: Equipment with metal tracks are not allowed on paved roads.

2.3b Pollution and Erosion Control. During all operations under this contract, the Contractor shall exercise reasonable measures to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored and collected in a sanitary manner and disposed of in a State-approved sanitary landfill.

Oil from crankcases or gear boxes, equipment waste or spilled or excess fuel shall be placed in containers and removed from the work site and disposed of as approved and required by Federal, State and Local laws.

Equipment uses for operations in close proximity to streams or bodies of water will be required to meet more stringent requirements regarding seals and fittings that prevent the leaking of hydraulic fluids, lubricants and fuels. Failure to comply will result in immediate rejection of equipment.

2.3c Noxious Weed Control. Prior to moving of the equipment to the worksite, the Contractor shall be required to clean all equipment prior to entry on to the project area. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the project area. Failure to provide clean equipment may result in the rejection of equipment.

2.4 Brushcutting Methods.

2.4.1.2. - No brush, slash, or other material shall be disposed of in creeks or streams, and shall not interfere with or obstruct drainage facilities.

2.4.1.3 - All slash having a diameter greater than two (2) inches and a length greater than two (2) feet or a length greater than three (3) feet regardless of diameter shall be disposed of by scattering downslope from the roadbed and outside the clearing limits so that no material extends above the roadway elevation. Fragmented debris of smaller dimension may remain within the clearing limits but must be removed from roadbed surfaces. Scattered debris in roadbed is acceptable in minor amounts that will not contaminate aggregate surfacing or may readily be incorporated into native surface materials. On all open roads contractor shall maintain the roadway to a condition that is safe for public traffic to pass which may require removing all brush that is a driving hazard within the same day it was cut from the roadbed. All other brush shall be picked and scattered within 7 consecutive days of being cut.

2.4.2 Logs and windfalls.

2.4.2.1 - Logs and windfalls lying within or across the clearing limits shall be cut off at the top of the cutslope and moved to the lower side of the road beyond the clearing limits. Logs placed on the fillslope of the road shall be outside the clearing limits and at least two feet below the shoulder elevation. The remaining portion of a log or windfall that lies on the upper side of the road shall either be firmly anchored to prevent sliding inside the clearing limits or moved across the road as described above.

2.4.2.2 - Windfalls on the fillslope side which extend above the road elevation shall be cut off at least two (2) feet below the road elevation and disposed of as outlined above. Logs shall be placed, limbed, or scattered so that limbs do not extend above the roadway elevations.

2.4.2.3 - No windfalls or logs shall be disposed of in creeks or streams, and shall not interfere with or obstruct drainage facilities.

2.4.3 - Brush and trees six (6) inches or less in diameter

2.4.3.1 - All brush and trees with a stump diameter of six (6) inches or less located inside the clearing limits, (with exception of the roadbed) shall be cut off no higher than six (6) inches above the ground level, as measured on the uphill side. The tree diameter shall be measured on the uphill side. Roadbed clearing limit vegetation stump height shall not exceed two (2) inches, and shall be cut as not to create a hazard to foot or vehicle traffic.

2.4.4 - Trees in excess of six (6) inches in diameter.

2.4.4.1 - Trees in excess of six (6) inches in diameter, when measured six (6) inches above the ground, shall be limbed so that no limb extends within a clear height of 14 feet directly above the traveled way, or within 10 feet in elevation of the road surface within the cutting limits. Limbs shall be cut to within six (6) inches of the trunk to produce a reasonably smooth vertical face.

2.4.4.2 - Slash and debris shall be scattered downslope from the roadbed and outside of the clearing limits, avoiding any concentration.

2.4.5 - Piling. Will not be required under this contract, however, may be approved by COR. The Forest Service (FS) will cover and burn such approved piles.

2.5 Maintenance of Traffic and Use of Warning Devices. The Contractor shall provide signs, other devices, and traffic control for occupied work areas in accordance with National standards as contained in Part VI of the Manual of Uniform Traffic Control Devices (MUTCD), current edition, and these specifications. All signs and devices remain the property and responsibility of the Contractor.

2.5.3.2 - Vehicles and machinery not directly used in the maintenance operation shall be parked off the traveled way to minimize interference with the normal use of the road.

2.5.3.3 - Use of motorized equipment other than hand held equipment such as powersaws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer.

3.0 REPORTS AND DOCUMENTATION.

3.1 Contractor Quality Control Plan. The Contractor shall submit a Quality Control Plan (QCP) before work begins that demonstrates how the Contractor will assure that quality of performance meets the objectives and requirements of the contract. The QCP shall be submitted and approved before work begins. The QCP shall specify:

· How quality will be monitored to assure performance standards are met and rate of progress (See Contractor Work Requirements and Standards)

· How the work will be supervised and by whom.

· Identify the personnel responsible for performing quality control.

· Provide a copy of checklist used for inspections

Failure of the Contractor to maintain satisfactory inspection results will be grounds for deduction in payment or termination for cause. Contractor shall submit complete written copies of Quality Control Inspections. The Contractor may supplement the QCP within 10 days of the start of work and submit for review and approval. The Contractor’s QCP must provide the Government with sufficient information to indicate and verify the contractor is conducting work in accordance with this agreement.

3.2 Contractor Quality Control Inspection.

The Contractor, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met and the contractor follows QCP.

The Contractor shall assure performance meets contract specifications, in accordance with FAR 52.212-4 Contract Terms and Conditions-Commercial prior to requesting the Government to inspect for payment or acceptance. Upon completion of a road, the Contractor shall shall notify the COR in writing to set a mutually agreed upon date for inspection of completed work.

The Contractor’s Quality Control inspections will be the basis for computing payment unless the Government verification results indicate the work is unacceptable.

4.0 ACCEPTANCE REQUIREMENTS.

4.1 Government Quality Assurance Inspection. The Government will, at its convenience, make periodic inspections of the work to assure contract compliance and will perform Quality Assurance Inspections to determine the Contractor is performing quality control in accordance with their Quality Control Plan. Methods may include visual survey and review of Contractor quality control documents, procedures, plan inspection reports and/or customer comments.

4.2 Acceptance. Acceptance of the work under the contract will be made after the CO has made the determination of satisfactory acceptable compliance with the specifications. For acceptance purposes, complete an entire road or road segment not less than 5 miles in length unless otherwise approved by the CO. Acceptance will not be made for segments broken by unacceptable portions. The Government will inspect completed section of the road within 3 consecutive business days following the Contractor’s written notification of completion of the work. A business day is defined as Monday through Friday, excluding Holidays.

When inspection indicates the performance objectives were not met, work will be deemed unacceptable and payment will not be made until the Contractor has assured the Government that its Quality Control measures have corrected the deficiencies. Inspections after re-work will be made in the same manner as the first inspection and the Contractor may be charged for actual costs incurred by the Government for re-inspection of rework and deducted from the Contractors payment.

5.0 DELIVERIES OR PERFORMANCE.

5.1 Performance Period. The contractor shall maintain progress at a rate, which will assure completion of the work within the period specified.

Work may be accomplished during daylight hours (one-half hour before sunrise to one-half after sunset). The Government may restrict operations on weekends of expected high use.

The Government reserves the right to specify the sequence in which the work is performed.

Estimated Start Work: Date of Award and run continuously in calendar days until 31 October 2021.

5.0. Measurement.

5.2. Measurement. Accepted work will be measured in miles to the nearest tenth mile along the centerline of the roadway cross section, and shall include only those roads or road portions which are ordered under the contract and completed to satisfactorily meet the contract objectives. Measurement will be by a Forest Service vehicle. The measuring device will be checked for accuracy and calibrated as necessary on a section of road that has been carefully measured with a surveyor's chain. NOTE: Parking areas, turnouts, and approach road connections are considered as incidental to the main roads and shall not be measured separately. Mileage measurement includes all work on both sides of the road, regardless of the number of passes made to accomplish the work.

6.0 CONTRACT ADMINISTRATION DATA

6.1 Post Award Conference AGAR 452.215-73 (NOV 1996). A post award conference with the successful quote is required. It will be scheduled before work begins. The conference will be held at a location to be agreed upon.

7.0 PERFORMANCE SUMMARY

The following describes the major items in the contract with the incentives and deductions for the work described.

· If the Contractor fails to meet standards, work may be suspended or put in Default for failure to take corrective action immediately. Result in adverse performance evaluation and may be grounds for termination.

· Inadequate Quality Control will result in rejection of work, rework by the contractor at no cost to the Government of the re-inspection for acceptance.

Brushing

Quality meets or exceeds performance standard.

Acceptable or above rating

If the Government is required to re-inspect, the actual cost of additional inspection shall be deducted from the Contractor’s payment. Re-work at no cost to the Government

· If the Contractor fails to meet standards, work may be suspended or put in Default for failure to take corrective action immediately. Result in adverse performance evaluation and may be grounds for termination.

Acceptable or above Visual observations and inspections by Government

The Contractor’s quality and compliance will be reflected in the performance evaluation either as positive or negative.

If the Government is required to re-inspect, the actual cost of additional inspection shall be deducted from the Contractor’s payment..

Equipment

Compliance with all laws and subject to inspection by the Government. Vehicles lacking in licenses, in poor condition or incapable of performing shall be replaced upon written request.

Acceptable or above

Visual observations and inspections by Government

Failure to comply shall be sufficient grounds for termination. Rejection of equipment does not relieve contractor from responsibility to complete the work. The ability of the Contractor to meet standards will be reflected in the performance evaluation.

Maintenance of Traffic and Use of Warning Devices

Quality meets or exceeds performance standard.

Acceptable or above

Visual observations The Contractor’s quality will be reflected in the performance evaluation either as positive or negative.

If the Government is required to re-inspect, the actual cost of additional inspection shall be deducted from the Contractor’s payment. Re-work at no cost to the Government.

8. ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Request shall be for a reasonable portion of work. Acceptance may be made for all or portions of work. Progress invoices must have prior inspection and acceptance before Government approval.

9. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance plans specific to individual items will be conducted by program personnel on site. Visual inspection that work has been completed and quality issues pertaining to the Contractor’s Quality Control Plan shall be documented for file of record. All notes, deficiencies, Notices of Noncompliance, shall be kept on file at the local duty station. Digital copies of all records shall be scanned and routed to the Contract Officer for the award administration.

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after receipt of Notice to Proceed or Order for specific work items, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than as the date specified. The time stated for completion shall include final cleanup of the premises.

Performance shall be made only as authorized by orders issued in accordance with the Ordering clauses. Except as this contract otherwise provides, the Government shall order all services within the scope that are required by Government activities specified in the Schedule only with the vendor holding this contract for the specified services. Timber Removal activities shall be scheduled and carried out in accordance with the Timber Removal Specifications in Appendix B or C and as approved by the Contracting Officer.

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

The period of performance of this contract is from Date of Award or 14 July 2021 through 5 November 2021.

12. SCHEDULES AND REPORTS

Pursuant to contract requirements, the following submittals are required within 10 days after issuance of a Notice to Proceed for review and/or approval, unless stated elsewhere in the specifications or otherwise mutually agreed:

*The Contractor shall submit a proposed schedule that incorporates the conditions under which a Benefit to the Local Community may be achieved during the course of this award. Examples: use of local businesses and suppliers, the advertisement to hire local labor, etc.

These items are all subject to applicability for on the groundwork. An example would be if the nature of the services being conducted will not require a “Traffic Control Plan,” then this submittal requirement will be dropped.

All schedules and reports shall be submitted to the Contracting Officer Representative (COR). A legal Notice To Proceed shall only be issued upon concurrence and support of the Contracting Officer (CO) and the COR. Two copies are required for: (1) COR and (2) Inspector for site. Digital copies of all records are to be scanned and routed at the nearest occurrence or possibility to the CO for review and approval.

13. PAYMENT

The Government Invoice Processing Platform website www.IPP.gov (Department of the Treasury) shall be used for all progress and final invoices for this contract. The Contractor or awarded quoter is responsible for building and maintaining an active profile in this database. Also, for the creation and timely submission of all invoices for the term of the awarded contract.

14. STEWARDSHIP CREDITS

None. 100% Service contract.

15. ESTABLISHMENT OF STEWARDSHIP CREDITS

None.

16. TIMBER PAYMENT GUARANTEE

None.

17. EXCESS STEWARDSHIP CREDITS

None.

18. EXCESS TIMBER VALUE

None.

19. REFUND OF EXCESS CASH

None.

20. FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher www.IPP.gov verified payment settled in full; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (i) dispose of solid waste in accordance with applicable Federal, State and local regulations.

Project Supervisor, Licensed Operator

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced.