1267T020R0003.docx

SOL NO. 1267T020R0003

Black Hills National Forest Road Maintenance ID/IQ

PART I—THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

Black Hills National Forest Road Maintenance Custer, Meade, Lawrence & Pennington Counties, SD; Crook & Weston Counties, WY

Reconstruction, maintenance and repair work on Level 2, 3, 4, and 5 roads and motorized trails Indefinite Delivery Indefinite Quantity (ID/IQ) for Black Hills National Forest in the states of South Dakota and Wyoming.

The following five task orders will be reviewed and evaluated with your proposal. These are five actual task orders that will be awarded at the time we award the master ID/IQ contracts. The task order prices will be used in the evaluation process for a contractor receiving a base contract.

1. NFSR 504 Reconstruction

2. NFSR 140/240 Reconstruction

3. Northern Hills Road Maintenance

4. Bearlodge RD Roadside Brushing

5. Hell Canyon RD Roads Cattleguard Cleaning

Contractors are encouraged to visit the sites for the seed task orders prior to the pre-bid/proposal meeting.

FAR 36.204 Disclosure of the magnitude of construction projects (Tailored)

Will be determined at Task Order Level

SECTION C--DESCRIPTION/SPECIFICATIONS

1.1 PURPOSE

The Black Hills National Forest has identified the need for contractual assistance with performing reconstruction, maintenance and repair work on Level 2, 3, 4 and 5 roads and motorized trails, and related improvements through the Black Hills National Forest. The Forest is looking to award an Indefinite Delivery/Indefinite Quantity (ID/IQ) type contract to multiple contractors who offer the best value to the Government.

Due to the nature of the required road maintenance projects and services described herein, the Government has determined that multiple ID/IQ contracts will be awarded as a result of this Request for Proposal (RFP). The ID/IQ contract is designed to provide the Government with a contract vehicle that will allow for additional services to be ordered by the Government as needed and required but cannot be reasonably determined in advance. When a project is initiated, a project Task Order will be developed to outline the project needs, equipment needs, dates, specific project location, and description of work. The resulting Task Order will be competed among the awarded Contractors (awardees) and evaluated based upon a best value to the Government determination. Section 1.14 LIST OF POTENTIAL AND TYPICAL TYPES OF WORK TASKS, below, outlines, in a general sense, the various types of work that may be offered as a Task Order under this ID/IQ.

1.2 SCOPE OF WORK

The Contractor shall provide for all labor, materials, supplies, equipment, transportation, supervision, ancillary services, and all other necessary items for complete and usable projects, performing all work in complete compliance with all Scope of Work statements, negotiated descriptions, plans, drawings, and specifications issued or directed through individual Task Order (TO). Specifications for road maintenance shall primarily be Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14), Forest Service Supplemental Specifications to FP-14 for Black Hills National Forest, the Manual on Traffic Control Devices (MUTCD) and Sign and Poster Guidelines for the Forest Service EM7100-15 (Sign Manual).

Common trades which may be needed include general labor, general grading, mechanical, power equipment operations, heavy equipment, minor concrete work, asphalt and paving, demolition services and/or any trades identified in the Construction Wage (Davis-Bacon) Determination and/or the Service Contract Labor Standards Act (SCLA) Wage Determination and other trades common to the construction, maintenance, and repair service industries for roads, trails, infrastructure, and site work. Wage determinations will be incorporated separately into each task order.

Common equipment which may be needed include motor grader, dozer, backhoe/loader, excavator, front-end loader, compaction equipment, and haulage/transport vehicles with appropriate trailers.

The Contractor shall be responsible and required to perform road and trail new construction, reconstruction, maintenance, repair, rehabilitation, closure and decommissioning and/or demolition work using these trade workers and equipment. The work may include but is not limited to roads, trails, drainage structures, geotextiles, bridges, gates and fences, cattleguards, sidewalks, parking areas, and sign installations.

1.3 TASK ORDER CONTRACTING

All projects shall be issued through separate Task Orders and will be competed between all ID/IQ contract holders awarded during RFP process. The successful offeror shall be responsible for the accomplishment of construction/reconstruction, maintenance, repair, alteration, rehabilitation of roads, trails and related infrastructure, and other work as stated in the Task Order. In addition, the Contractor may be required to obtain all necessary permits, develop fire/erosion control/safety plan(s), coordinate with private utilities providers, negotiate with State & local officials, and participate in special consideration planning for development of the Task Order.

1.4 GENERAL PLACE OF PERFORMANCE AND HOURS OF OPERATION

Specific work locations shall be specified in the Task Order description. Work may in one or more of the South Dakota Counties of Custer, Fall River, Lawrence, Meade, Pennington Counties and/or Crook and Weston Counties of Wyoming.

The project area of each Task Order project shall be described on the Task Order and shown on maps attached to the Task Order.

Emergency road repairs may be performed as required on weekends or during the following Federal Holidays:

New Year’s Day – January 1st Martin Luther King Junior’s Birthday – Third Monday in January President’s Day – Third Monday in February Memorial Day – Last Monday in May Independence Day – July 4th Labor Day – First Monday in September Columbus Day – Second Monday in October Veteran’s Day – November 11th Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

1.5 NOTIFICATION OF START AND COMPLETION OF WORK

For each Task Order the Contractor shall notify the Contracting Officer in writing, ten (10) calendar days in advance of the date he intends to commence work, and five (5) calendar days prior to the date that work will be ready for final inspection.

For emergency work to be performed under a Task Order, the Contractor shall provide a schedule of work to the Contracting Officer at the time of issuance of the Task Order.

1.6 PERFORMANCE OF THE WORK

All work shall be conducted in a safe and expedient manner and in conformance with the specifications referenced in Section 1.12 below, and in Section L and the Task Order. All work shall be conducted by personnel fully qualified to perform such tasks assigned. A designated Contracting Officer’s Representative shall be assigned to oversee each Task Order.

When applicable, traffic control shall be in accordance with standards set forth in the most current edition of the MUTCD

1.7 SAFETY

During the execution of this contract, the Contractor shall conform to the rules and regulations as set forth by OSHA Safety and Health Standards, 29 CFR Part 1926 – Safety and Health Regulations for Construction or the US Army Corps of Engineers “Safety and Health Requirements” Manual No. 385-1-1 dated November 30, 2014 (free online - https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/ ) whichever is more stringent.

Additional safety requirements are contained in Section H of the solicitation.

Smoking will not be permitted in any Forest Service building, structure, or vehicle. Fire precautions to prevent wildfire may be included in each Task Order or initiated when weather and site conditions pose a significant opportunity for ignition of wildfire.

1.8 EQUIPMENT

All equipment shall be in good repair and capable of accomplishing assigned tasks in a safe and environmentally acceptable manner. Where applicable, all equipment shall be fitted with approved spark arrestors. All maintenance and repairs to equipment under this contract shall be made and paid for by the Contractor.

The equipment listed in the Task Order constitutes the minimum mandatory equipment to be furnished and operated for the Task Order. Larger equipment may be used except in such cases that oversized equipment would result in unacceptable ground disturbance or be counterproductive. Equipment substitutions must be requested in writing and must be approved by the Contracting Officer prior to use.

Equipment may be owned, rented, or subcontracted.

All equipment shall be cleaned of earthen and vegetative materials that may contain weed seed prior to delivery on National Forest Lands. If using equipment on multiple Task Order at one time, or if there are long mobilization distances between sites on the same Task Order, the Contracting Officer may require cleaning of equipment and inspection prior to entering or leaving project sites.

1.9 EQUIPMENT AND MATERIALS STORAGE AND STAGING

Upon concurrence from the Contracting Officer, certain areas on the National Forest may be used on a case-by-case basis for storage of equipment and/or materials during active construction and/or maintenance periods. The Contractor shall be responsible for protection of items stored on Government property and shall ensure adequate safety measures are maintained at such sites. The Contractor shall be responsible for protecting materials stockpiled against adverse weather, damage, theft, and other risks of loss. The Government assumes no responsibility for material or equipment left in the storage area.

1.10 TEMPORARY FACILITIES

A. SANITARY FACILITIES: Toilet facilities will not be provided by the Government at Task Order sites unless specifically identified in the Task Order.

B. WATER, AND ELECTRICITY: Due to the nature of work under this ID/IQ contractor, water and 120V electricity are not expected to be needed for the work. Should water and electricity be needed and not be readily available, the contractor shall provide these services as needed to perform the required work.

C. TELEPHONE: Due to the potential for work in remote and/or isolated areas, cell phone or wireless access may or may not be available at the Task Order sites.

1.11 EXISTING UTILITIES

The contractor shall field verify all utility locations before excavating, digging, trenching or other ground disturbance activities. This shall include but not be limited to the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, use of locator services, and by potholing. Contractor shall contact South Dakota One Call at 800-781-7474 or Wyoming One Call at 800-849-2476 for utility locates. Contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

1.12 SPECIFICATIONS

The work shall conform to the specifications, supplemental specifications and/or scope of work issued in conjunction with each individual Task Order.

The following specifications apply to this ID/IQ Contract:

A. Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-14, U.S. Customary Units, is applicable for this project and is included by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resulting work. These specifications can be viewed at no cost on the FHWA website, which also gives ordering information:

https://flh.fhwa.dot.gov/resources/specs/ or https://flh.fhwa.dot.gov/resources/specs/fp-14/fp14.pdf

B. Forest Service Supplemental Specifications (FSSS) to FP-14 Standard Specifications is applicable for this project and is included in this contract. The requirements contained in these Supplemental Specifications are hereby made a part of this solicitation and any resulting work.

C. Manual on Uniform Traffic Control Devices for Streets and Highways 2009 Edition including Revision 1 and Revision 2 dated May 2012 (MUTCD) by the US Department of Transportation Federal Highway Administration is included by reference only. The requirements contained in MUTCD and subsequent updates are hereby made a part of this solicitation and any resulting work. MUTCD can be viewed at no cost on the FHWA website at:

https://mutcd.fhwa.dot.gov/pdfs/2009r1r2/pdf_index.htm

D. Sign and Poster Guidelines for the Forest Service EM 7100-15 (Sign Manual) is applicable for this project and is included by reference only. The Forest Service Sign Manual can be viewed at no cost at:

https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprd3810021.pdf

Special Project Specifications may be applicable for this contract and will be included in the Task Order.

The Standard, Supplemental, and Special Project Specifications shall all be used in conjunction with each other to properly determine the correct specification for each Pay Item of each Task Order.

1.13 DRAWINGS

The work shall conform to the drawings provided with a Task Order. Specific drawings shall be included with each Proposed Task Order.

1.14 LIST OF POTENTIAL AND TYPICAL TYPES OF WORK TASKS

The following list indicates various work projects and tasks that the Forest Service is intending to issue. These are examples only and the actual tasks may vary. The Task Order will indicate the actual statement of work which the contractor(s) will bid for and construct. The Task Order may include one or more types of work at one or more locations. This ID/IQ is intended for work on roads and motorized trails; the use of the term “roadway” refers to both roads and trails open to motorized vehicles.

1) Roadway maintenance, construction and/or reconstruction including regrading and reshaping roadways and excavation, compaction and finishing

2) Emergency road construction and/or reconstruction due to major emergencies such as flooding, landslides, blizzards, fire, earthquakes, etc.

3) Upgrade, repair or replace roadway drainage structures, including ditch cleaning and reshaping

4) Road blading

5) Parking area construction, reconstruction, reconditioning, maintenance, decommissioning

6) Trail and/or trailhead construction, reconstruction, reconditioning, maintenance, and decommissioning

7) Roadside brushing; vegetative clearing; clearing and grubbing; bucking and decking merchantable timber; removal and disposal of trees of specified sizes

8) Establish clearing limits

9) Culvert maintenance, repair, installation, removal, and/or replacement and culvert cleaning by manual, physical or hydraulic means

10) Road/stream interaction projects such as low water crossings of various types

11) Aquatic Organism Passage projects

12) Furnishing and installing soil erosion controls (wattles, filter sock, riprap, etc.)

13) Placement of geotextile and/or stabilizing materials

14) Construction/reconstruction of sediment basins

15) Installation, maintenance, and repair of permanent and temporary traffic control devices, signs and posters

16) Cattleguard removal, replacement, installation, maintenance, and/or repair

17) Wire or metal Gate removal, replacement, installation, maintenance, and/or repair

18) Aggregate surfacing/resurfacing of roads, including hauling and placement of material from Government source or commercial source

19) Application of dust palliative

20) Work site reseeding

21) Roadway and trail obliteration

22) Construction and/or placement of closure devices (gates, barriers, rocks, timbers, etc.) at roads, trails, or other sites

23) Minor concrete forming and finishing as ancillary item

24) Minor asphalt repair and patching

25) Snow removal from roads and parking areas

26) Restriping and marking pavement

27) Removal of logs and down trees from roadway areas

28) Chip sealing and other surface treatments of existing roads

29) Trail Bridge construction, maintenance and repair

30) Remove, cleanup, repair, or otherwise mitigate materials sloughed, slumped, fallen, deposited onto or adjacent to roadways

31) Repair road slump on fill slope below road by constructing a rock buttress and compacting material in layers up to the original road surface.

Mobilization will be included as a separate line item for each Task Order.

2.1 GENERAL

Definition: Submittals – Drawings and specifications may be required by Task Order. Additional product literature, catalog cuts, product samples, shop drawings, as-built drawings, Quality Control Plans, and other documents shall be submitted to the Contracting Officer for information or for review and approval when required by the Task Order.

Submittals shall be sent electronically as requested by the contracting officer.

Salient characteristics of the materials proposed for use shall be clearly identified in the submittal. The Project Manager shall certify that he has reviewed the submittal and has determined that the submittal is in full compliance with the requirements of the Contract and Task Order. Illegible, incomplete, or uncertified submittals may be rejected.

Submittals shall be approved by the Contracting Officer prior to any work being performed on the Task Order or materials being delivered to the job site.

Review of submittals, and corrections or comments made during the review, does not relieve the Contractor from compliance with the requirements of this Contract.

Allow 14 calendar days for government review of submittals. Review time shall commence upon receipt of a satisfactory submittal certified by the Project/Site Superintendent containing all information required to completely and thoroughly evaluate the submittal. Time shall start anew for each submittal and any required resubmissions.

2.1 TASK ORDER QUALITY CONTROL PLAN

The contractor shall develop a Quality Control Plan and submit with any Task Order exceeding $100,000. The plan should identify each major task to be performed. For each major task the plan should identify a quality standard that can be used to determine that the task has been successfully accomplished in full compliance with the requirements of this contract. For larger projects the plan may require periodic inspections, tests, or certifications.

This quality control plan shall be formatted with the construction schedule and shall include:

A. A complete description of the work task.

B. An explanation of the completion of the line item of work and what constitutes actual completion requirements.

C. Procedures to inspection of work.

D. The proposed Task Order Quality Control Plan shall be signed by the Project Site Superintendent prior to being submitted for review and approval. At the completion of the Task Order the Plan should be signed by the Project Site Superintendent and submitted with the Task Order Invoice. See section below for requirements for submittal of the Task Order Quality Control Plan with requests for payments.

2.2 CATALOG CUTS

Catalog cuts shall contain manufacturer's description, specifications and sketches of the material and equipment provided. The catalog cut shall contain sufficient information, which can be used to determine compliance with these specifications. Submit catalog cuts as required by a negotiated Task Order. Clearly indicate selected item and components being proposed.

2.3 SAMPLES

Product samples shall include color, pattern, style, and other information required to fully describe the items being proposed as required by the Task Order.

2.4 SHOP DRAWINGS

Submit shop drawings when required by the Task Order. Drawings shall indicate layouts, dimensions, materials, and other information required to fully describe the items being installed.

2.5 TEST RESULTS

Submit test results as required by the Task Order.

2.6 PERMITS AND CERTIFICATES

Submit copies of all permits and certificates as required by the Task Order. Where permits are required, they will be reimbursed as identified under FAR Clause 52.236-7 Permits and Responsibilities.

2.7 HAZARDOUS MATERIAL IDENTIFICATION

Submit Safety Data Sheets (SDS) for any materials defined as hazardous under the most current revision of Federal Standard 313. Two (2) copies of each SDS shall be submitted to the COR/POC no later than the delivery date of the product.

2.8 AS-BUILT DRAWINGS

When Shop Drawings are required by a Task Order, the Contractor shall maintain at the job site one (1) set of contract drawings marked in red to show any deviations which are found to exist or have been made from the contract drawings. Upon completion of the work, the marked set of drawings shall be delivered to the Contracting Officer. Request for final payment will not be approved until the marked drawings are delivered to the Contracting Officer.

2.9 PROJECT MANAGER

It shall be the responsibility of the contractor to provide a responsible project manager to represent the contractor in all matters pertaining to work under this contract. The project manager shall have the responsibility of overall supervision, quality control, cost estimating and be responsible for the management of all ongoing work. S/he shall be available in person, by telephone, or radio to respond to any and all problems during normal working hours.

The contractor shall provide a detailed resume of project manager for review and approval by the Contracting Officer. If during the term of this contract, the contractor changes or replaces the project manager, approval by the Contracting Officer is required.

2.10 SITE SUPERINTENDENT

It shall be the responsibility of the contractor to provide a responsible site superintendent to represent the contractor in the field in all matters pertaining to individual Task Orders under this contract including, but not limited to construction, day- to-day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent may also be designated the project manager. S/he shall be available on site in person, by telephone, or radio to respond to any and all problems during normal working hours.

It is expected that this individual will be available on site for at least three (3) hours per workday unless otherwise indicated in Task Order. The skills and qualifications of the designated site superintendent for each Task Order will be part of each Task Order submittal and negotiations. The site superintendent shall be responsible for on-site Quality Control and shall sign all Task Order submittal transmittal sheets. Site superintendent shall maintain on site a file containing the following project documents when applicable.

A. Executed Task Order (Task Order Request, Price Proposal) B. Contract Drawings C. Contract Specifications D. Quality Control Plan – (up to date) E. As-Built Drawing – (up to date) if required F. Task Orders G. Modifications

This file shall be maintained and available to the Contracting Officer upon request. If the Site Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent. The Contracting Officer shall be invited to participate in the review.

SECTION D - Packaging and Marking {For this Solicitation, there are NO clauses in this Section}

SECTION E - Inspection and Acceptance

452.246-70 Inspection and Acceptance. (FEB 1988)

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

(b) Inspection and acceptance will be performed at: On Site or specified in each Task Order.

SECTION F - Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than date stated in each individual Task Order. The time stated for completion shall include final cleanup of the premises.

52.216-18 Ordering. (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through February 28, 2025, as long as the current Option is exercised

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

Period of Performance

The resultant contract shall have a base Ordering Period and 4 optional Ordering Periods. The period of performance of the Task Orders shall be specified in the Task Orders. Task Orders may have periods of performance up to one year in length. Task Orders shall not extend more than one year beyond the last day of the contract ordering period.

452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. Contractor Officer Representative (COR) will contact you on time and place of post award conference

SECTION G - Contract Administration Data

G.1 INVOICES & PAYMENTS

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm

Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

IPP does not allow the contractor to change the description of the line items being invoiced against, therefore the contractor shall create an invoice in IPP and an itemized invoice. Itemized invoice must be uploaded as an attachment.

Itemized Invoice shall mirror the schedule of items and shall include at a minimum:

Date of services or completion.

In order for invoices to be processed certain documents must be uploaded as an attachment(s):

Itemized Invoice, Progress Payment Certification (for partial payments), and Certified Payrolls (if applicable).

Final Payment - Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), Final payment will made within 30 calendar days after presentation of a properly executed invoice, the Final Inspection, a Contractor Notification and Release of Claims.

Contractor Notification & Release of Claims for Final Payment A contractor notification and release of all claims form shall be completed by the COR and the contractor. The completed form shall be uploaded as an attachment.

G.2 FOREST SERVICE REPRESENTATIVES:

Barbara Darling will serve as the Contracting Officer on the base contract. She will have full warrant authority over all contract issues. She can be reached at barbara.darling@usda.gov.

Task Order Administrative Contracting Officer’s (ACO’s) will be appointed at the time of award of each Task Order.

A Contracting Officer Representative will be appointed at time of award of each issued Task Order. His/her delegated authority and responsibilities will be defined on a delegation letter issued after contract award. This delegation will also contain his/her contact information.

G.3 CONTRACT ADMINISTRATION DATA

1. Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

2. Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

3. Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

4. Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

5. Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract issuance of task order(s) and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

6. Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

G.4 TASK ORDERS: Warranted Contracting Officers within Region 2 (Rocky Mountain Region) of the United States Department of Agriculture, Forest Service are authorized to place orders against this contract for the Black Hills National Forest.

Task Orders will be competed amongst the awardees. A Request for Proposal (RFP) will be issued to each awarded contractor requesting a best pricing. Proposal will be evaluated based on price and time constraints. When a project is initiated, a Task Order will be offered to the awarded Contractor who provides the best value proposal.

The Contracting Officer shall submit an executed task order to the Contractor. Changes that increase or decrease price, schedule of items, specifications, or performance period may only be made by a written executed modification to the task order signed by the Contracting Officer and the Contractor.

(a) A Task Order is the contractual instrument issued by the authorized and warranted Contracting Officer to the Contractor to order work.

(b) A Contractor that fails to perform on current or past Task Orders or who becomes over committed may not receive additional tasks.

(c) In the event of conflict between a Task Order and this contract, the contract shall control.

G.5 CONTRACT AWARD

A written award or acceptance of an offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

G.6 GOVERNMENT FURNISHED PROPERTY

None provided unless otherwise specified in the Task Order.

G.7 CHANGES

The Contracting Officer is the only person authorized to approve changes to the requirements under this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

G.8 UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

G.9 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Designation will be made upon contract issuance and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

G.10 DESIGNATION OF AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR

The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

G.11 PRE-WORK MEETING

Prior to commencement of work and after issuance of any Task Order(s), the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing. The meeting will be held at a time and place determined by the Contracting Officer or Contracting Officer Represtenative.

G.12 CONTRACT RELEASE

The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts (indicated under reservations of the Contractor Certification and Release of Claims Form), that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

G.13 EVALUATING CONTRACTOR PERFORMANCE

FAR Part 42.1502 Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) Evaluations.

CPARS is used by the Forest Service for evaluating contractor performance. CPARS is the single USDA-wide system used to collect, maintain, and disseminate contractor performance evaluations to the Past Performance Information Retrieval System (PPIRS). Past performance reporting is required by FAR 42.1502 and 42.1503. The contractor will be notified by email to review evaluation information submitted by the Agency. The contractor will have 30 days to submit comments, rebutting statements, or additional information to the Assessing Official before any evaluation is considered final.

Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract number(s) and evaluation module assigned. The contractor will have one user account set up that will allow access to all three modules.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal Agencies to support future award decisions. The contractor is responsible for the accuracy and completeness of the data within the System for Award Management (SAM) database.

G.14 OMBUDSMAN

In accordance with FAR 16.505(a)(10), no protest under FAR subpart 33.1 is authorized in connection with the issuance or proposed issuance of a Task Order under this contract, except for a protest on the grounds that a task order increases the scope, period, or maximum value of the base contract. The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered consistent with the procedures of the contract. Complaints to the USDA Forest Service Ombudsman must be forwarded to:

SECTION H - SPECIAL CONTRACT REQUIREMENTS

452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

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

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

H. 1 FIRE PREVENTION AND CONTROL

(a) Tools and equipment. The Contractor shall furnish and maintain in a serviceable condition one shovel, size O or larger, for each employee working in the project area. The shovels may be stored in the employees private vehicle or the contractor's vehicles, but must be readily available to each employee while in the project area.

For each skid steer, yarder, loader, jammer, chipper, crawler tractor, skidder, hauling truck, portable welder, or comparable type equipment, the Contractor shall furnish one shovel, size O or larger, attached to each unit and one two and one-half pound or larger dry chemical or four pound or larger carbon dioxide type fire extinguisher attached to each unit.

For each power saw, soil auger, portable pump, or like powered equipment, the Contractor shall furnish one shovel, size 0 or larger, and one dry chemical fire extinguisher, 8 ounce or larger, immediately available to the operator of the equipment. The fire extinguisher shall be with the operator of the equipment; the shovel may be with the fuel can used to refuel the equipment.

Refueling of the equipment shall be done in an area cleared and void of flammable materials. Power saws shall be moved from the spot of refueling before starting.

(b) Fire Prevention – The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

Blasting - Advance approval in writing is required from the District Ranger. The use of fuses shall not be permitted, except near power lines where the danger of accidental detonation is present. Use of prima cord will not be allowed in clearing operations where flammable materials are present. A watchman will remain on site for at least one hour after detonation in areas of blasting where flammable fuels are present. Explosives will be stored at all times in a locked box marked "Explosives." All Federal, State, and local laws concerning the use and storage of explosives shall be followed.

Fire Orders/moratoriums – Any fire order issued during the contract will become a requirement of the contract.

Gas and Oil Use and Storage - Gasoline will be stored and transported only in metal containers with tight caps or seals. Gas and oil drum storage areas will be cleared of all flammable material for a distance of 50 feet around the drums. Storage areas will be posted with "No Smoking" signs. Oil filters, oil cans, oily rags, etc., will be removed from the project area and discarded in proper waste disposal receptacles or sites.

Open Fires - In accordance with State and local regulations. Pursuant to 36 CFR 261.50a the following is prohibited on each National Forest or National Grasslands in the Rocky Mountain Region:

Operating or using any internal or external combustion engine on any timber, brush or grass covered land, including trails traversing such land, without a spark arrester, maintained in effective working order, meeting either (i) Department of Agriculture, Forest Service Standard 5100-1a; or (ii) the 80 percent efficiency level determined according to the appropriate Society of Automotive Engineers (SAE) recommended Practices J335 and J350.

Violation of this regulation and the general prohibitions of 36 CFR 261.3 to .20 is punishable by a fine of not more than $500 or imprisonment for not more than 6 months or both.

Smoking - Smoking is prohibited while operating tractors or open-type vehicles, or while walking or working in an area with flammable fuels.

Welding - All flammable materials will be cleared for a minimum distance of 10 feet around any welding operation. Fire extinguishers and fire tools are required as shown in Section B-1(b).

H.2 CONTRACTOR REPRESENTATIVE

The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, and understand English, as well as the primary language of the work crews.

H.3 ACCIDENT REPORTING.

Maintain an accurate record of all work-related accidents resulting in death, injury, occupational disease, or damage to property, materials, supplies, or equipment.

H.4 INJURY NOTIFICATION.

Injuries to workers will be reported promptly to the COR and appropriate contractor personnel. Emergency care for workers while on the job site is a contractor responsibility.

H.5 CAMPING PERMITS.

The Contractor does/does not intend to camp on National Forest lands. Forest Service permits, issued by the District Ranger, will specify restrictions regarding campsite and sanitary provisions. Combustible refuse, resulting from lunches, etc., may be burned if authorized. All noncombustible materials, cans, bottles, etc., shall be removed from Forest land.

H.6 NOXIOUS WEEDS.

The contractor shall ensure that prior to moving on to the National Forest all equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. The contractor shall employ whatever cleaning methods are necessary to ensure that equipment is free of noxious weeds. The contractor shall provide the Contacting Officer with certification, in writing, that all equipment is free of noxious weeds prior to start-up of operations. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection by the Government does not disclose such material.

Disassembly of equipment components or specialized inspection tools is not required. Unless otherwise directed by the CO, the Government will not require the contractor’s equipment to be cleaned before moving to another treatment unit if the contractor is moving directly from one contract unit to another.

H.7 SAFETY PLAN

The Contractor shall prepare a Safety Plan with pertinent information when a task order is issued. Pertinent information may include location of local emergency care facilities, contact information for employees should an accident occur at the worksite, etc.

A copy of the Safety Plan shall be submitted to the Contracting Officer for the contract file. The Contractor’s Safety Plan is neither approved nor disapproved by the government but will be provided to OSHA when requested.

H.8 PERFORMANCE AND PAYMENT BONDS

a. PERFORMANCE BONDS. For contracts over $150,000, a Performance and Payment Bond are required. The bond(s) must be submitted and approved, to the Government, within 10 calendar days after the Contractor’s receipt of the executed Task Order. Work shall not begin until a Notice to Proceed, fully executed by the Contracting Officer, has been received by the Contractor. The amount of the Performance Bond must equal 100% of the contract amount. (Standard Form 25 is attached, see Section J) (See Section I, 52.228-15)

b. PAYMENT BOND. For contracts over $35,000, a Payment Bond is required. The bond must be submitted and approved within 10 calendar days after receipt of the Task Order. Work cannot begin until a Notice to Proceed, fully executed by the Contracting Officer, has been given. The amount of the Payment Bond must equal 100% of the Task Order amount. (Standard Form 25A is attached, see Section J) (See Section I, 52.228-15)

H.9 WAGE DETERMINATION

U.S. Department of Labor Wage determinations applicable to this contract are incorporated herein. (See Section J.)

If any laborer or mechanic is to be employed in a classification that is not listed in the wage determination applicable to the contract, the contractor shall submit to the Contracting Officer a Standard Form (SF) 1444 Request for Authorization of Additional Classification and Rate, along with other pertinent data.

H.10 BIOBASED PRODUCT UTILIZATION

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

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

(*Sample of biobased products for services that include the use of vehicles)

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S.