1240LN23Q0039.pdf

1240LN23Q0039

Grand River RD Road Maintenance IDIQ

Dakota Prairie Grasslands

Solicitation Issue Date: April 28, 2023

Method of Solicitation: Request for Quotation (RFQ).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation and incorporated provisions and clauses are those in effect through the most current Federal Acquisition Circular FAC 2023-02.

Responsible sources may submit a quotation which, if timely received, shall be considered by this agency.

North American Industry Classification (NAICS): 237310 (Highway, Street, and Bridge Construction): Size Standard is $45.0M.

Set Aside: 100% small business set-aside.

General Information: The intent of this solicitation is to obtain quotes for road maintenance. See below for complete project description.

Provide quote by: 4:00 PM, Mountain Standard Time on May 18, 2023.

DOCUMENTS TO RETURN:

The following documents shall be submitted by the offeror for evaluation to be considered responsive:

� Schedule of Items (Pages 2-5) � Seed Project Schedule of Items (Attachment 4) � Experience Questionnaire or a document demonstrating recent and relevant experience in respect to the size and scope of this particular project.

� Annual Representations & Certifications – see section below starting on Page 17 � Acknowledge Amendments (per the instructions in Block 11 on the SF-30) if applicable.

Send quote to: Forest Service, Property and Procurement Services, Intermountain Zone, CSA #3

Attn: Alisha Knaub 415 South Front Street Townsend, MT 59644 E-mail: alisha.knaub@usda.gov

For solicitation questions call Alisha Knaub at (406)438-2981 or email above.

Schedule of Items/Price Schedule

First Year Pricing – time of award to December 31, 2023

Pay Item No. Description

Method of

Measure* Pay Unit Unit Price

101 Road Grading - Aggregate Surfaced Roads AQ MILE $ 102 Road Grading- Native Surfaced Roads AQ MILE $ 103 Trailhead Grading AQ EACH $ 104 Retriever Disc AQ MILE $ 105 Hourly Equipment Rental - Motor Grader AQ HOUR $

106A Spot Surfacing- Contractor Furnished Aggregate AQ CY $ 106B Spot Surfacing- Government Furnished Aggregate AQ CY $ 107 Equipment Moving (Items 101-106) AQ MILE $ 108 Culvert Cleaning AQ EACH $ 109 Cleaning Cattleguards AQ EACH $

110 Hourly Equipment Rental - Backhoe/End loader AQ HOUR $

111 Hourly Equipment Rental - Dozer AQ HOUR $

112 Hourly Equipment Rental - Skid Steer Loader AQ HOUR $

113 Hourly Equipment Rental –Track Mounted Excavator AQ HOUR $

114 Imported Backfill or Topsoil – Contractor Furnished AQ CY $ 115 Rip Rap – Contractor Furnished AQ CY $ 116 Oversize Rock – Contractor Furnished AQ CY $ 117 Equipment Moving (Items 109-116) AQ MILE $

Second Year Pricing - January 1, 2024 – December 31, 2024

No. Description Method of Measure*

Pay Unit Unit Price

201 Road Grading - Aggregate Surfaced Roads AQ MILE $ 202 Road Grading- Native Surfaced Roads AQ MILE $ 203 Trailhead Grading AQ EACH $ 204 Retriever Disc AQ MILE $ 205 Hourly Equipment Rental - Motor Grader AQ HOUR $

206A Spot Surfacing- Contractor Furnished Aggregate AQ CY $ 206B Spot Surfacing- Government Furnished Aggregate AQ CY $ 207 Equipment Moving (Items 201-206) AQ MILE $ 208 Culvert Cleaning AQ EACH $ 209 Cleaning Cattleguards AQ EACH $ 210 Hourly Equipment Rental Backhoe/End loader AQ HOUR $ 211 Hourly Equipment Rental - Dozer AQ HOUR $ 212 Hourly Equipment Rental Skid Steer Loader AQ HOUR $ 213 Hourly Equipment Rental –Track Mounted Excavator AQ HOUR $

214 Imported Backfill or Topsoil – Contractor Furnished AQ CY $

215 Rip Rap – Contractor Furnished AQ CY $ 216 Oversize Rock – Contractor Furnished AQ CY $ 217 Equipment Moving (Items 209-216) AQ MILE $

Third Year Pricing – January 1, 2025 – December 31, 2025

No. Description

Method of

Measure* Pay Unit Unit Price

301 Road Grading - Aggregate Surfaced Roads AQ MILE $ 302 Road Grading- Native Surfaced Roads AQ MILE $ 303 Trailhead Grading AQ EACH $ 304 Retriever Disc AQ MILE $ 305 Hourly Equipment Rental - Motor Grader AQ HOUR $

306A Spot Surfacing- Contractor Furnished Aggregate AQ CY $ 306B Spot Surfacing- Government Furnished Aggregate AQ CY $ 307 Equipment Moving (Items 301-306) AQ MILE $ 308 Culvert Cleaning AQ EACH $ 309 Cleaning Cattleguards AQ EACH $ 310 Hourly Equipment Rental Backhoe/End loader AQ HOUR $ 311 Hourly Equipment Rental - Dozer AQ HOUR $ 312 Hourly Equipment Rental Skid Steer Loader AQ HOUR $ 313 Hourly Equipment Rental –Track Mounted Excavator AQ HOUR $

314 Imported Backfill or Topsoil – Contractor Furnished AQ CY $

315 Rip Rap – Contractor Furnished AQ CY $ 316 Oversize Rock – Contractor Furnished AQ CY $ 317 Equipment Moving (Items 309-316) AQ MILE $

Fourth Year Pricing - January 1, 2026 – December 31, 2026

No. Description Method of Measure*

Pay Unit Unit Price

401 Road Grading - Aggregate Surfaced Roads AQ MILE $ 402 Road Grading- Native Surfaced Roads AQ MILE $ 403 Trailhead Grading AQ EACH $ 404 Retriever Disc AQ MILE $ 405 Hourly Equipment Rental - Motor Grader AQ HOUR $

406A Spot Surfacing- Contractor Furnished Aggregate AQ CY $ 406B Spot Surfacing- Government Furnished Aggregate AQ CY $ 407 Equipment Moving (Items 401-406) AQ MILE $ 408 Culvert Cleaning AQ EACH $ 409 Cleaning Cattleguards AQ EACH $ 410 Hourly Equipment Rental Backhoe/End loader AQ HOUR $ 411 Hourly Equipment Rental - Dozer AQ HOUR $ 412 Hourly Equipment Rental Skid Steer Loader AQ HOUR $ 413 Hourly Equipment Rental –Track Mounted Excavator AQ HOUR $ 414 Imported Backfill or Topsoil – Contractor Furnished AQ CY $ 415 Rip Rap – Contractor Furnished AQ CY $ 416 Oversize Rock – Contractor Furnished AQ CY $ 417 Equipment Moving (Items 409-416) AQ MILE $

Price quotation furnished by:

Name Phone ( ) Address UEI # _______________________

Schedule Notes:

a) One award will be made from this solicitation, contractors must submit pricing for all items.

b) The unit prices in the above Schedule B shall be used as the basis for all subsequent Task Orders issued against the awarded contract. Actual services provided will be paid at the unit prices offered and paid based on Actual Quantities (AQ), except Mobilization will be paid as a Lump Sum Quantity (LSQ) and Cubic Yards (CY) will be paid as a Vehicle Quantity (VQ). Quotes will be determined responsive if it addresses all items on Page 1 Documents to Return.

c) The contractor shall be required to have a mapping program, similar to Avenza Maps, on their smart phone, tablet or GPS device that can read the PDF maps provided in the contract in order to display and locate the contract items.

Description of Requirement

Scope of Work

The general scope of work pertaining to this contract consists of performing annual road, campground road and trailhead maintenance on the Grand River Ranger District of the Dakota Prairie Grasslands. This work is being solicited as a “performance- based” service contract. The term “performance-based” indicates the Contractor is responsible for achieving an end product. Furnish all labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.

Project Description and Location

The work consists of annual road, campground road and trailhead maintenance specified in Task Orders.

Road maintenance work to be performed will be on National Forest System Roads and Trailheads within the:

Grand River Ranger District in Perkins and Corson Counties, SD and Sioux County, ND

All work and equipment shall be in compliance with the terms, specifications, and provisions of this contract. All equipment shall be in good operating condition, meet all safety standards and shall be operated by competent operators experienced in the work.

Performance Period

The period of this contract is the date of contract award through November 30, 2026. Actual roads planned to be maintained will be identified on Task Orders which will identify a specified period of performance. The government estimates work to begin in the summer of 2023.

Work Schedule

The Contractor shall supply a work schedule before starting each task order. The Contractor shall notify the Contracting Officer a minimum of 48 hours in advance of changes in the work schedule.

Contract Amounts

The maximum award amount for the life of the contract and orders under it, shall be less than $250,000.

General Specifications

Use of Roads by the Contractor

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in Road Order(s) or described in the contract, when such use will not damage the roads or National Forest System resources, and when traffic can be accommodated safely.

Traffic Control

The Contractor shall exercise due caution and care during road maintenance operations to prevent undue conflict with public users of the roads.

Perform work in a manner that ensures the safety and convenience of the public and protects the private property adjacent to the project. Accommodate public traffic on roads adjacent to and within the project until the project is accepted.

Barricades, Warning Signs, and Lights: Comply with standards and code requirements for erection of structurally adequate barriers. Signing shall meet MUTCD Standards and advise the public of the work being done.

All road and traffic related signing shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD).

Each piece of equipment shall have a reflectorized "slow moving vehicle" sign attached.

The Contractor is to post warning signs on both ends of the section being worked to warn the road users of the work in progress. Signs will be moved, as needed, so that a sign does not precede machinery more than two (2) miles.

No berms or windrows of material shall be left overnight.

Fire Control

Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service.

Each piece of equipment shall have a chemical fire extinguisher meeting one of the following specifications: 2 1/2-pound size or larger dry chemical type; 4-pound size or larger carbon dioxide type.

Cleanup and Disposal

The Contractor shall be responsible for solid waste disposal. The Contractor shall at all times keep the area in a clean, neat, and orderly condition. Construction related debris, including but not limited to used motor oil, oil cans, grease cartridges and refuse shall be removed promptly from the site and disposed of in a lawful manner off National Forest System lands. Fees for the use of landfills or transfer stations shall be paid for by the Contractor if there is a charge.

Existing Utilities

The Contractor is responsible for location of all utilities prior to ground disturbance, “One Call before you dig.” Damaged utilities shall be repaired at the Contractor’s expense.

Sanitation, Health, & Safety

All earth-moving equipment and motorized equipment having an obstructed view shall be equipped with a reverse signal alarm which is audible above surrounding noise level.

Do not permit any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous.

Existing Facilities

In addition to the requirements of the Use of Premises Clause, AGAR 452.236-70, all existing facilities such as signs, cattleguards, picnic tables and drainage structures damaged by the Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government.

Pollution and Erosion Control

During all operations under this contract, the Contractor shall direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively. Exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources.

Noxious Weed Control

To prevent the potential spread of noxious weeds the Contractor shall be required to furnish proof of weed-free equipment. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the construction area. All subsequent move-ins shall be treated the same as the initial move-in. Prior to move-in the contractor shall make equipment available for Forest Service inspection at an agreed location.

Definitions

Wherever 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:

Agreed or Approved - Official agreement or approval by use of a written document issued by the Government. Agreements also require signature of Service Provider's Representative and are dated.

Base course - The layer or layers of material placed on a subbase or a subgrade to support a surface course. (See Illustration of Road Maintenance Terms.)

Berm - A curb or dike that controls roadway runoff water or delineates traffic direction.

Broad based dip - A shallow ditch placed across the roadbed to remove water from the roadbed surface that can be driven across by high clearance vehicles; usually placed diagonal to the centerline.

Catch Basin. The area immediately adjacent to inlet invert of the culvert.

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

Cross ditch. A shallow ditch placed across the roadbed to remove water from the roadbed surface that can be driven across by full-size pickups or other high clearance vehicles; usually placed diagonal to the centerline.

Culvert. Any structure that provides a passageway, drain, or waterway under a road or embankment.

Lead-off ditch. A ditch used to remove water from roadside drainage ditches, the roadway, cattleguards, or drainage structures such as culverts and drainage dips.

Ditch. A relatively long narrow excavation placed to collect or disperse water.

Drainage ditch. A ditch located parallel to and abutting the roadbed.

Drainage structure. A term identifying manufactured devices placed to control water movements.

Drawings. Illustrations showing details of required work.

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

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

Field Season. Approximately from April through November of a calendar year.

Foreslope. The slope of the ditch section nearest to the traveled way.

Grade. The vertical alignment of the top surface of the road.

Grade Sag. A shallow drainage structure constructed within the roadbed surface to form a uniform depression that allows routine passage of vehicles while diverting water from the traveled way.

Highway Vehicles. Vehicles such as, passenger cars and high clearance vehicles.

High Clearance Vehicles. Vehicles such as, pickups, 4x4s, and log trucks.

Hydrologic Function. Physical properties of the occurrence and movement of water on the earth’s surface and in particular that part which crosses transportation systems.

Materials. Any substances specified for use in the performance of the work.

Measurement. The process of identifying the dimensions, quantity, or capacity of an item.

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

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

Patching. Minor repairs.

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

Right-of-Way. A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private Lands), or (2) real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Roadbed. The portion of a road between the intersection of the subgrade and side slopes, excluding that portion of the ditch below the subgrade.

Road Listing. A preliminary listing of road locations and any established work priorities.

Rolling dip. A drainage structure constructed within the roadbed surface to form a uniform depression that allows routine passage of vehicles while diverting water from the traveled way.

Schedule of Items. A schedule in the contract that contains a listing and description of maintenance items, quantities, units of measure, methods of measurement, unit price, and amount.

Shoulder. The portion of the roadway continuous to the traveled way for accommodation of stopped vehicles, emergency use, and lateral support of travel way structure.

Slough or Slide. Material deposited on the roadway that may need to be repositioned or removed.

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

Standard Specifications. Specifications for all divisions of work.

Subgrade. Top surface of roadbed upon which the pavement structure, shoulders, and curbs are constructed.

Traveled Way. The portion of the roadway designated for the movement of vehicles, exclusive of shoulders but including turnouts and curve widening.

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

Unit of Measure. The unit and fractions of units shown in the Schedule of Items.

Unsuitable Material. Material removed during maintenance, which must be disposed of in designated locations. Includes material with substantial amounts of vegetation or other objectionable material.

Waterbar. A deeper type of cross ditch, which is not intended for standard passenger vehicles.

Work Schedule. The Service Provider's current schedule for work progression.

Project Specifications – Performance Based (End Product Specifications)

Road Grading

The intent of this contract, as it pertains to the road blading by the mile, is to meet the criteria described in the technical specifications with a maximum of six (6) passes with the motor grader. Most of the work shall accomplished in the spring of the year. A pass shall consist of one complete coverage of the surface.

After the finish blading, the roads, campground roads and trailheads, shall Have been bladed shoulder to shoulder, including turnouts, to restore the original cross section and grade of the road.

Be free of berms, both sides.

Have no ruts, potholes, washes, slough, and other irregularities that prevent normal runoff from the road.

Blade and shape roads when moisture content is suitable for compaction, as determined by the

COR.

Be crowned (5%-8% from centerline).

Have out sloped roads slope of 3%-5%.

Have no surfacing or road material wasted.

Have ditches, lead off ditches, rolling dips, water bars and other drainage facilities cleaned of obstructions and graded to drain.

Spot Surfacing – Contractor Furnished

Before placing the surfacing, the contractor shall shape the roadbed/trailhead as described above.

Surfacing material shall be certified weed free.

Surfacing material shall be aggregate surfacing containing natural fines.

COR shall approve the physical characteristics and quality of the materials before placing on the roads and trailheads.

Compact the surfacing by operating hauling and spreading equipment over the full width of each layer only when moisture content is suitable for compaction, as determined by the COR.

Spot Surfacing – Government Furnished

Before placing the surfacing, the contractor shall shape the roadbed/trailhead as described above.

Compact the surfacing by operating hauling and spreading equipment over the full width of each layer only when moisture content is suitable for compaction, as determined by the COR.

Government Furnished surfacing is stored at the Merriman Gravel Pit shown on the map.

Culvert Cleaning

Catch basins shall be restored to their original size and be free flowing into the culvert inlet.

Culvert outlets will be clean and functioning properly, with no obstructions to impede the flow of water.

Excavated material shall be spread along fill slopes unless otherwise directed by the COR.

Contractor shall take care not to damage the culvert. If damage does occur, contractor shall make field repairs as directed by the COR.

Cleaning Cattleguards

Disconnecting and removal of wings, gates, object markers, fencing and other appurtenances shall be done so as not to damage the items. These items shall be reinstalled and replaced if damaged.

Excavate to the limits of the bases. Material will be disposed of off the roadway as directed by the

COR.

Cleaning includes re-establishing the drain features if necessary, so that water will drain away from the structure.

If necessary, reset the cattleguard bases so the grate matches the existing road grade.

After cleaning, the structure including aprons, wings, signs, deck, and fence will be put back in the original position, unless otherwise directed by the COR.

Cattle guard openings will not be left unattended.

Contractor will be required to make minor repairs or modifications to reattach the wings.

On cattleguards with more than 1 grid, the grids shall be replaced so there is no separation between the grids. Grids shall be bolted back together.

Hourly Equipment Rental – Motor Grader

Minimum 125 HP.

Tandem drive.

Hydraulic shift moldboard not less than 12 feet in length.

Replacement cutting edge available for immediate installation.

Hourly Equipment Rental – Retriever Disc

Retriever Disc shall be a minimum of 6’ wide and capable of discing up sod on road shoulders and ditch inslope.

Retriever Disc shall be capable of retrieving aggregate surfacing from shoulders.

Unit price includes equipment needed to pull the disc.

Hourly Equipment Rental – Backhoe/Endloader

Engine with a minimum of 70 horsepower.

Bucket width of 18 inches with teeth.

Shall have rubber tires.

Backhoe reach of 14 feet.

Loader bucket 1 cy capacity.

Shall have rollover protection.

Hourly Equipment Rental – Dozer

Equipment shall be minimum size Cat D2 or Equal

Hourly Equipment Rental – Skid-Steer Loader

Equipment shall be of minimum 60 HP and ½ CY bucket.

Shall have rollover protection.

Hourly Equipment Rental – Track Mounted Hydraulic Excavator

Minimum 120 HP Minimum weight of 40,000 pounds Hydraulic Thumb

Note for Hourly Rental of Equipment: Prior approval will be required if the total of equipment rental hours with operator is other than incidental to other tasks to be accomplished. The process shall comply with regulations and supplements applicable to Time and Materials/Labor Hours contracts.

Rip Rap – Contractor Furnished

Gradation Requirements for Riprap

Class Percent of Rock by Mass Mass (pounds) Approximate Cubic

Dimension(2)(3)

(inches)

20 220 to 330 14 to 16

30 110 to 220 10 to 14

40 11 to 110 5 to 10

10 (1) 0 to 11 0 to 5

(1) Furnish spalls and rock fragments graded to provide a stable dense mass.

(2) The volume of a rock with these cubic dimensions has a mass approximately equal to the specified rock mass.

(3) Furnish rock with breadth and thickness at least one-third its length.

Furnish riprap for bank / slope protection, drainage structures, and erosion control.

Furnish hard, durable, angular rock free of organic or other unsuitable material. Do not use shale.

Place riprap on a prepared surface to form a well-graded mass.

COR shall approve the physical characteristics and quality of the materials before hauling.

Oversize Rock – Contractor Furnished

Furnish Oversize durable, angular rock, for low water crossing.

Place material on a prepared surface to form a well-graded mass.

COR shall approve the physical characteristics and quality of the materials before placing on the low water crossings.

Imported Backfill or Topsoil – Contractor Furnished

COR shall approve the physical characteristics and quality of the materials before hauling.

The material shall be certified weed free.

Topsoil shall be suitable for establishing vegetation and be free of refuse, stumps, brush, rocks larger than 6”, or other substances detrimental to the development of vegetative growth. Common backfill shall be free of organic or other deleterious material.

Equipment Moving.

The transportation of equipment from the specified Grand River Ranger District Office to the actual project site, and between job locations.

Government Quality Assurance

Quality assurance will be performed by the Government during the contract at regular intervals.

Contractors may be required to re-work, at their own expense, any work that is not in compliance with the contract requirements.

Contractor Quality Control

The Contractor is responsible for management and quality control actions to meet the terms of this contract.

Contractor shall submit a Quality Control Plan that includes procedures for evaluating compliance with contract specifications, adherence to performance schedules, identification of defects and re-performance procedures, etc.

CONTRACT PERIOD

The period of this contract is the date of contract award through November 30, 2026. The 1st Year Pricing Task Order work is estimated to begin the summer of 2023. All Task Orders are subject to availability of funds and shall be performed within the performance period specified in the task order.

The Government estimates work to begin summer 2023.

TASK ORDER PERFORMANCE PERIOD

The contract time and estimated start work date for each Task Order will be specified by the Contracting Officer on the Task Order at the time the Task Order is issued to the Contractor. The contractor must be in contact with the Contracting Officer/Contracting Officer Representative to start work as soon as weather and ground conditions are favorable for work.

The Contractor shall be required to (a) commence work under this contract as directed by the Task Order within 10 calendar days after the start date designated on the TO, (b) prosecute the work diligently, and

(c) complete the work on or before the contract completion date stated in the Task Order. The time stated for completion includes final cleanup of the premises.

ORDERING

Authorized Ordering Activities:

In addition to the Contracting Officer for the parent contract, the authorized officials shown below may issue Task Orders under this contract: any Contracting Officer/Purchasing Agent assigned to the USDA Forest Service PPS Intermountain Zone within the limits of their individual warrant authority.

Ordering Procedures:

Government will place Task Orders with the Contractor. Task Orders issued against the awarded contract are subject to the availability of funds. Orders will be placed by the Forest Service PPS, Intermountain Zone staff with an executed OF347 via email with confirmation of receipt by the Contractor. Orders placed will contain, at a minimum, the following information: Task Order number and date, project items/location/description, other incidental work, performance period, and maps if applicable. Each Task Order’s pricing year will be reflective of when the majority of the period of performance takes place. As an example, if the Period of Performance for the Task Order is June 1, 2023 – September 30, 2024, then the Second-Year pricing will be used.

Any order above an incidental amount for equipment and operator shall comply with regulations and supplements applicable to time and materials/labor hour contracts.

Measurement and Payment

Scope of Payment

Payment for all contract work is provided, either directly or indirectly, under the pay items shown in the offeror’s schedule.

Direct payment. Payment is provided directly under a pay item shown in the offeror’s schedule.

Indirect payment. Work for which direct payment is not provided is a subsidiary obligation of the

Contractor. Payment for such work is indirectly included under other pay items shown in the offeror’s schedule.

Compensation provided by the pay items included in the contract schedule is full payment for performing all contract work in a complete and acceptable manner. All risk, loss, damage, or expense arising out of the nature of prosecution of the work is included in the compensation provided by the contract.

Work measured and paid for under one pay item will not be paid for under any other pay item.

The quantities shown in the price schedule are approximate unless designated as a contract quantity. Limit pay quantities to the quantities staked, ordered, or otherwise authorized before performing the work. Payment will be for the actual quantities of work performed and accepted or material furnished according to the contract. No payment will be made for work performed in excess of that staked, ordered, or otherwise authorized.

Unit of Measurement

Payment will be by units defined and determined according to measure. Unless otherwise specified, the meanings of the following terms are as follows:

Mile (Mi). Measure horizontal along the centerline of each roadway to nearest 0.1 mile. (For

Roadside Brushing, 1 mile includes both sides of the road for 1 mile). Parking areas, turnouts, and approach road connections are considered adjuncts to the main road and shall not be measured separately. Measurement shall include only accepted sections of the roads which are included in a Task Order. Measurement will be made by the odometer or Distance Measuring Instrument of a Forest Service vehicle.

Hour (Hr). Measurement will be for the actual number of hours ordered and performed by the Contractor. Quantities will include the actual hours, to the nearest half hour, that the equipment is in operation performing the required work. An hour consists of 60 minutes of actual operation of equipment on work ordered by the CO. Moving of equipment under its own power, when so ordered by the CO, will constitute ordered work. Nonproductive time such as lack of operating supplies or qualified operator; down time for repairs, maintenance, refueling, and other service time; time lost by reason of breakdown or being stuck; loading time of specified accessories; etc.

shall not constitute ordered work.

Cubic Yard (CY), Vehicle Quantity (VQ) Measure the cubic yard volume in the hauling vehicle. Before use, Contractor and CO must mutually agree on the volume of material to be hauled by each vehicle.

Lump Sum (LS) – Do not measure directly. The quantity is designated as “All”.

Each – One entire unit. The quantity is the actual number of units completed and excepted.

Methods of Measurement

One of the following Methods of Measurement for determining final payment is DESIGNATED on the SCHEDULE OF ITEMS for each pay item.

Actual Quantities (AQ) - These quantities are determined from measurements of completed work.

Lump Sum Quantities (LSQ) - These quantities denote one complete unit of work as required by or described in the contract, including necessary materials, equipment, and labor to complete the job. They will not be measured.

Clauses:

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):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC

2022) (DEVIATION 2017-1)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAR 2023) (DEVIATION 2017-1, DEVIATION

DEC 2022)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31

U.S.C.3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-

78 (19 U.S.C. 3805note)).

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

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I

(Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

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

2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☐ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (13) [Reserved] ☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and

(3)).(DEVIATION DEC 2022)

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

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

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

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☐ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15

U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C.

632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C.

637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☒ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

☒ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (36) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s

13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (48)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐(ii) Alternate I [Reserved] ☐(iii) Alternate II (Dec 2022) of 52.225-3.

☐(iv) Alternate III (Jan 2021) of 52.225-3.

☐(v) Alternate IV (Oct 2022) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☐ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021)

(41 U.S.C.4505, 10 U.S.C.3805).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31

U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management

(Jul 2013) (31 U.S.C.3332).

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

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

Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage/Fringe Benefits

_WG-6____________ _____$20.29____/_______________

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.

chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☒ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and

E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance,…