23Q0064 - Stickpin Fire Trail Restoration Combo Solicitation.pdf

Trail Maintenance RFQ 12048923Q0064 Three Rivers/Republic Ranger Districts

(i) 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; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04.

(iv) This procurement is set aside for 100% small business. The NAICS code is 115310 and the Small Business Size Standard is 500 Employees.

(v) Schedule of Items/Price Schedule

This requirement may be awarded for more than one (1) Firm Fixed Price Commercial Services Contract for Stickpin Fire Trail Restoration. Vendors will note the available quantity of each of the items that they are able to provide.

(vi) Description of Requirement (including a list of any attachments)

DESCRIPTION OF WORK:

This requirement is to provide services for trail maintenance work on the Three Rivers ad Republics Ranger Districts, Colville National Forest. The objective of this contract is to provide safe public access on the trails while preventing resource and facility damage, performing all work to the standards found in the Forest Service Stand Specifications for Construction and Maintenance of Trials (September 1996, EM-7720-103).

PROJECT LOCATION(S):

Three Rivers and Republics Ranger Districts, Colville National Forest

SCHEDULE OF ITEMS

Period of Performance Base Year: DATE OF AWARD – 11/30/2024

ITEM

NO.

DESCRIPTION OF

SERVICES Quantity Units Cost/Unit Total

0001 Stickpin Fire Trail Restoration 45.29 Miles $ $

Trail Maintenance RFQ 12048923Q0064

SPECIFIC WORK REQUIREMENT:

See attached Statement of Work

PERIOD OF PERFORMANCE:

Date of Award – 30 Nov 2024

INSPECTION AND ACCEPTANCE:

Inspections And Acceptance

Government acceptance will occur upon verification that the Contractor has performed required inspections and created the records required by the approved Quality Control Plan reaffirming completion of the tasks.

Contractor’s Quality Control Plan

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. When requested the Contractor shall provide copies of inspection documents and written certification that:

a) Each unit was satisfactorily completed.

b) Slash treatment was completed in accordance with the contract standards.

c) Inspection results accurately reflect the work accomplished.

The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

Clean Up Before Contractor Departs A Work Unit

All Contractors’ rubbish, materials, temporary structures and equipment will be removed from National Forest lands from the area used by the Contractor and all work areas will be left in a clean condition satisfactory to the Contracting Officer.

Site Visit

There will NOT be a government led site visit scheduled for this requirement, however, offerors or quoters are encouraged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Trail Maintenance RFQ 12048923Q0064

CONTRACT ADMINISTRATION DATA

Approval and Notification of Subcontracting

The Contractor shall promptly get advance approval from the Contracting Officer in writing upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written request shall include as a minimum:

A. The name, address, and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority. Subcontracting as approved of any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

Post Award Conference (AGAR 452.215-73) (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled after the date of contract award.

GOVERNMENT FURNISHED PROPERTY:

Description Location Remarks

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) (Provision)

Addenda to Provision 52.212-1:

For simplified acquisitions, the word quote or quoter is substituted in provision 52.212-1 for the word offer or offeror.

Addenda to Provision 52.212-1 paragraph (b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a Schedule of Items including pricing, a performance schedule with equipment availability information, quality control plan, and past performance information.

https://www.sam.gov/SAM/

Trail Maintenance RFQ 12048923Q0064

Technical:

The Offeror shall provide the following information:

• Performance Schedule with equipment Availability Information. Please provide a work schedule along with equipment size detailing ability to meet the specified contract deadline. Please reference page 3 Project Information.

• Quality Control Plan.

The Quality Control Plan shall specify:

How quality will be monitored and reported to the Contracting Officer to assure the performance standards are met.

How the work will be supervised.

How results of the monitoring will result in quality performance.

The responsible individual for performing quality control.

• Past Performance and Relative Experience Information.

Price:

The Offeror shall provide pricing as shown on the Schedule of Items. During pricing review, the Government may request additional information for clarification.

SUBMIT FOR REVIEW

1) Individual Task Order form containing contractor contact information, DUNS and TIN

2) Schedule of Items with pricing information, including signature

3) Quality Control Plan. Failure to submit a plan will result in the offer not being evaluated for the project.

The Plan shall demonstrate how the Contractor will assure that quality of performance meets the objectives and requirements of the contract.

4) Performance schedule including anticipated start work date and anticipated finish date.

5) Relevant Experience & Past Performance

All offers will be evaluated on Prices offered, Past Performance, Quality Control Plan, and Performance Schedule and equipment Availability. Cost/price is essentially equal in importance to technical factors combined; however, cost may control award.

It is the Government’s intent to award on initial offer and each offeror is encouraged to submit their best offer.

Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.212-3, and Employment of Eligible Workers-Workforce Certification found in this solicitation and include a copy with your offer.

6) Submit offer by email to Kevin.Flores@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 5 separate attachments (Price Proposal, Performance Schedule, Quality Control Plan, Past Performance Information and Representations and Certifications) in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from Kevin.Flores@usda.gov.

mailto:Kevin.Flores@usda.gov

Trail Maintenance RFQ 12048923Q0064

7) Last day to submit questions is 23 August 2023, 2:00 pm Pacific. Address questions about this solicitation to Kevin D. Flores at Kevin.Flores@usda.gov and Jason Tanamor at jason.tanamor@usda.gov

(ix) 52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

• Performance Schedule with equipment Availability Information. Please provide a work schedule along with equipment size detailing ability to meet the specified contract deadline. Please reference page 3 Project Information.

• Quality Control Plan.

The Quality Control Plan shall specify:

How quality will be monitored and reported to the Contracting Officer to assure the performance standards are met.

How the work will be supervised.

How results of the monitoring will result in quality performance.

The responsible individual for performing quality control.

• Past Performance and Relative Experience Information.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision) mailto:Kevin.Flores@usda.gov mailto:jason.tanamor@usda.gov

Trail Maintenance RFQ 12048923Q0064

SECTION C – STATEMENT OF WORK

General Specifications

A. Scope of Contract - This contract is to provide services for trail maintenance work on the Three Rivers ad Republics Ranger Districts, Colville National Forest. The objective of this contract is to provide safe public access on the trails while preventing resource and facility damage, performing all work to the standards found in the Forest Service Stand Specifications for Construction and Maintenance of Trials (September 1996, EM- 7720-103).

The Contractor shall furnish all labor, equipment, supervision, transportation, supplies and incidentals, necessary to perform all work specified.

B. Location and Description – vicinity map showing project location and access are attached and made a part of this contract. Other information regarding specific sub-items is contained in the trail maintenance work summary and delivery schedule (see Section J), and in paragraph 981trail maintenance specifications, section 981.

1. The locations of the trails to be maintained are shown on the attached maps and Trail Maintenance Performance Requirement Work Summary Charts (see Section J).

2. Estimated beginnings and terminations of work items are shown on the Delivery Schedule of Task Orders (See Section J). The actual dates will be listed on the task orders.

C. Accessibility

1. All work areas may be reached by forest roads that are accessible by standard two-wheel drive pickup (with snow tires and chains, if needed) during normal operating seasons, unless otherwise indicated on the Trail Maintenance Performance Requirement Work Summary.

2. No vehicles will be permitted to operate off system roads without approval of the Contracting Officer.

3. Motorized vehicles are restricted on all trails except for Deer Creek North and Deer Creek South.

4. Motorized equipment (except motorized vehicles), such as chainsaw, weed eater, may be used for trail maintenance work in this contract.

Forest Service Standard Specifications for Maintenance of Trails

The Forest Service Standard Specifications for Construction and Maintenance of Trails, September, 1996, EM-7720-103 are included by reference. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

Definitions

Administrative Terms

Trail Maintenance RFQ 12048923Q0064

Acceptable Service. A job performed to the standard and within the acceptable quality level. The Contractor must do the specific job, and meet the standard, and meet the acceptable quality level before one can say that performance is acceptable for payment.

Acceptable Quality Level (AQL). The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a Contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

Best Value. One criterion used for selecting a service contractor for award, based on comparison of the service price offered, with the quality of service offered.

Calendar Days. Every day shown on the calendar, Saturdays, Sundays, and holidays included.

Change Order – An order issued to the Contractor by the Contracting Officer, pursuant to the “Changes” clause included in Section I of this contract, requiring work to be performed within the general scope of the contract.

Contract Item – A pay item designated on the bid schedule and described by a specification.

Contracting Officer (CO). A Government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

Contracting Officer’s Representative (COR). A Government person appointed by the Contracting Officer (CO) to help the CO with the contract administration and surveillance. The duties and responsibilities of a COR are defined in the letter of designation by the CO.

Crew Foreman – The individual responsible for ensuring the contract specifications are met on the ground and that the proper inspection plots have been taken.

Defective Service. A block of service that contains one or more defects, or nonconformance with specified requirements.

Federal Acquisition Regulations (FAR). The Federal Regulations that govern Forest Service acquisitions of property and services, also supplemented by the FSAR (Forest Service Acquisition Regulations).

Forest Supervisor – The person responsible for administration of a National Forest, including his authorized representative.

General Provisions – Those provisions of an administrative nature applicable to the contract.

Government Inspector. A Government person appointed by the COR to help the COR with the contract administration and surveillance. The duties and responsibilities of a Government Inspector are defined in the letter of designation by the COR. The Inspector’s authorities are strictly limited, not to exceed the authority to issue a Contractor a Notice of Non-compliance.

Trail Maintenance RFQ 12048923Q0064

Government. Title used to represent the United States Federal Government and its designated employees acting within their delegated contract authority. Throughout this contract the titles United States, USDA-Forest Service, Forest Service, and USFS may be used interchangeably as synonymous with Government.

Indefinite – Delivery Contract – A type of contract in which the delivery is unspecified in the original contract but established by the Contracting Officer during performance.

Indefinite Quantity Contract – A contract providing for an indefinite quantity, within stated maximum or minimum limits of specific supplies or services to be furnished during a fixed period with deliveries to be scheduled by placing orders with the contractor.

Labor Standards Provisions – Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

Performance Based Service Contract (PBSC). A service contract that (1) Describes requirements in terms of results required rather than the methods of performance of the work; (2) Use measurable performance standards (i.e., terms of quality, timeliness, quantity, etc.) and quality assurance surveillance 0plans; (3) Specifies procedures for reductions of fee or for reductions to the price of a fixed-price contract when services are not performed or do not meet contract requirements; (4) May include performance incentives where appropriate.

Performance Requirements Summary (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the Contractor.

Period of Performance (also Performance Period or Contract Time). The number of calendar days allowed in this contract for completion of the contract work. Once begun on the official start date, the period of performance will be counted in consecutive calendar days, including Sundays and holidays. This time may be suspended by Government issuance of one or more written Suspend Work Order/s.

Quality Assurance. Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS). Government inspection for quality assurance does not substitute for the Contractor’s quality control.

Quality Assurance Surveillance Plan (QASP). An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

Quality Control. Those actions taken by a Contractor to control the performance of services so that they meet the requirements of the PWS. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).

Random Sampling. A sampling method in which each service output in a unit has an equal chance of being selected. A method of inspecting a few individual items in a lot to determine the quality of that lot against the standard.

Specifications – That portion of the contract comprising a description of the general and technical requirements for materials, products or services to be furnished under the contract.

Standard. An acknowledged measure of comparison.

Task Order – An order for services issued under a Task Order contract.

Trail Maintenance RFQ 12048923Q0064

Work Order – An order written by the COR, which directs the Contractor to correct deficient performance. It may also be used to document satisfactory completion of units and give permission for the Contractor to begin work on additional work units.

Technical Specification Terms

Designated or as Staked on the Ground - Stakes, metal tags, paint, flagging, hubs, nails, etc., placed on the ground, trees, or rocks defining the location of the work.

Borrow - Soil, gravel, or rock materials, approved for use by the Engineer, taken from designated locations outside of the trail way.

Clearing Limits - The outer edges of a clearing area as specified in the plan, shown on drawings, or as designed on the ground.

Climbing Turn - An abrupt change in direction of the trail's alignment of 120-180 degrees and with radius of eight (8) feet or greater. The trail bed on the turn section does not exceed the approach sections widths more than 50 percent and is constructed as a part of Trail way Excavation, Specification 912, normally located on side slopes that are less than 50 percent.

Compacted - Consolidation of emplaced material resulting from tamping with hand tools, trampling with feet in layer placement, rolling with wheel type equipment, or natural settling during the winter and spring months.

Danger Tree - An unstable tree or snag five (5) inches or greater in diameter at breast height (dbh), located outside of the clearing limits, and marked or designated for cutting.

Full Bench - Where the total width of the trail bed is excavated into side slope and no fill or compacted embankment is added.

In slope - Where the trail bed is sloped inward toward the back slope of the trail way.

Mechanical Transport - Any contrivance for moving people or material in or over land, water, or air, having moving parts, that provide a mechanical advantage to the user, and that is powered by a living or nonliving power source. This includes, but is not limited to, sailboats, hang gliders, parachutes, bicycles, game carriers, carts, and wagons. It does not include wheelchairs when used as necessary medical appliances. It also does not include skis, snowshoes, rafts, canoes, sleds, travois, or similar primitive devices without moving parts.

Motorized Equipment - Machines that use a motor, engine or other nonliving power sources. This includes, but is not limited to, such machines as chainsaws, aircraft, snowmobiles, generators, motor boats, and motor vehicles. It does not include small battery or gas powered hand carried devices such as shavers, wristwatches, flashlights, cameras, stoves or other similar small equipment.

Motor Vehicle - Any vehicle which is self-propelled or any vehicle which is propelled by electric power obtained from batteries, but not operated on rails. (Examples include snowmobiles, motorcycles, all terrain vehicles (ATV), cars, trucks, etc.).

Out slope - Where the trail bed is sloped outward toward the fill side or daylight side of the trail way.

Vehicle - Any device in, upon, or by which any person or property is or may be transported, including any frame, chassis, or body of any motor vehicle, except devices used exclusively upon stationary rails or tracks.

Trail Maintenance RFQ 12048923Q0064

Switchback - An abrupt change in direction of 150-180 degrees of the trail with a turn radius less than eight (8) feet. The trail bed for the approaches, the turn section, and the rock barrier are constructed in accordance with Specification 915 Switchbacks. The outer half of the turn-section is compacted embankment composed of soil and rock. The approaches are 16-foot trail sections upgrade and downgrade from the turn-section, the turn-section is approximately 16 lineal feet. The two approaches and the turn-section compose the switchback, which is 48 lineal feet. Normally, it is located on side slopes that are 50 percent or greater.

Trail Bed - The portion of trail way between the toe of the back slope and top of the fill slope or between side ditches for turnpike.

Trail Tread - That portion of the trail way constructed obstacle free and used for traffic.

Trail way - That portion of the trail within the limits of excavation and embankment.

Water Course - Any channel, either natural or constructed, where water naturally flows or will collect and flow during spring runoff or rainstorms.

Government-Furnished Property and Services

There is no Government-Furnished Property or Services for this contract.

Contractor Furnished Critical Items/Services

A. The Contractor shall provide tools, transportation, and sufficient workforce to complete the contract in the specified time.

B. The Contractor shall provide a Quality Control Plan (QCP) and a Safety Plan in their proposals as described throughout these specifications. The Quality Control plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It shall describe: how quality will be monitored to assure the performance standards are met; the supervision of crew and work; and personnel that will be performing the quality control. Quality control shall include monitoring quality while work is in progress and other associated tasks.

Performance Requirements Summary

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

TASKS

QUALITY

STANDARDS

ACCEPT-

ABLE

QUALITY

LEVEL

MEANS

OF

MEASURE-

MENT

REMEDIATION

Brush Cutting

Remove all brush, limbs and small trees alive or dead, which exceed ½ inch in diameter or 12 inches in height, to a minimum

95%

Random Sampling

Poor Performance Evaluation Re-work

Trail Maintenance RFQ 12048923Q0064 width of 8 feet (4 feet each side of trail center line) and a height of 10 feet, unless otherwise indicated in the Trail Work Summary Sheet

Work Plan, Schedule, and Commu-nications

Work meets schedule as per the accepted work plan. The Contractor shall provide the CO with a weekly update on his/her progress, as well as prompt notification when the Contractor arrives and leaves the area.

100%

Progress schedule and ongoing communicati on between the Contractor and COR.

Possible Termination for cause.

Quality Control

Contractor maintains good quality control on all aspects of operations.

Actions not consistent with contract specifications are corrected per Contractor’s

QCP.

100%

COR or Inspector randomly observe operations

Possible Termination for cause

Performance Requirements - Technical (Trail Maintenance) Specifications

A. Trail maintenance shall be completed in accordance with attached Trail Maintenance Specifications, paragraphs 981 through 991, listed on the following pages, and with the attached drawings (see Section J). All work shall be performed to the standards found in the Forest Service Standard Specifications for Construction and Maintenance of Trails, September 1996, EM-7720-103.

A. SECTION 981 -- CLEARING MAINTENANCE OF AREA WITHIN CLEARING LIMITS

Includes removal limbs, brush, heavy growth or herbaceous plants; tree encroachment; exposed roots.

1. Code Numbering for Specifications for Trail Maintenance

a. 981 – Brush Cutting (within clearing limits, cut brush and heavy herbaceous growth).

B. TRAIL MAINTENANCE SPECIFICATIONS FOR SECTION 981

2. 981 – Brush Cutting

a. Description

Trail Maintenance RFQ 12048923Q0064

This item pertains to clearing maintenance work to be performed by the Contractor on Forest Service trails. Removal shall be done of all limbs and brush from the trail clearing limits.

b. Methods

(1) Remove all brush, limbs and small trees, alive or dead, which exceed 1/2 inch in diameter or 12 inches in height, to a minimum width of eight (8) feet four (4) feet each side of trail center line) and to a height of 10 feet, unless otherwise indicated in the Trail Maintenance Performance Requirement Work Summary sheets, except in those portions of rock or earth slides beyond the initial 30 feet in length.

(2) Limbs, alive or dead, that encroach into the clearing limits shall be cut within 1/2 inch of the tree trunk, leaving no stubs. Pruning of live trees shall be done in such manner as to avoid tearing or scarring the bark.

(3) All brush, limbs and small trees that are to be removed shall be done so by scattering outside of the clearing limits along the low side of the trail. All ground vegetation to be removed shall be cut to within three (3) inches of ground level or of rocks, logs or other obstructions.

(4) All materials removed form clearing limits shall be deposited away from ponds, lakes, stream channels and seepages.

c. Measurement and Pay Units

Quantity measured in miles, paid for at the contract unit price per mile, completed and accepted.

Measurement and Payment

A. Measurement

1. Method of measurement shall be as specified in attached Trail Maintenance Specifications.

2. Longitudinal measurement will be made on the trail centerline.

B. Remeasurement

1. The Contractor may request remeasurement of any unit or units in the contract, if he/she believes the quantity stated in the Schedule of Items is incorrect. Remeasurement will be made within the established termini.

2. Remeasurements will be based on slope measure.

3. If remeasurement indicates a variance of ten percent or less, the Contractor shall pay for the actual cost of remeasurement, and no adjustment will be made in quantity as stated in the Schedule of Items.

4. If remeasurement indicates a variance greater than ten percent, payment will be based on the remeasured quantity and the Government will pay for the remeasurement.

Trail Maintenance RFQ 12048923Q0064

C. Basis of Payment

1. Payment for work specifications No. 981 will be made for miles and tenths of miles of accepted work at the contract unit price shown on the Schedule of Items.

SECTION E – QUALITY ASSURANCE SURVEILLANCE PLANS

Contractor Quality Control Plan

A. Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) as part of this Technical Proposal. The Plan must demonstrate how the Contractor will assure that quality of performance meets the objectives and requirements of the contract. The QCP shall specify:

1. How quality will be monitored to assure performance standards are met.

2. How the work will be supervised.

3. How results of the monitoring will result in quality performance.

4. Identify the personnel responsible for performing quality control.

B. Contractor Quality Control Inspection. The Contractor shall assure themselves that performance meets contract specifications, in accordance with Inspection of Services (FAR 52.246-4) paragraph (b), prior to requesting the Government to inspect for payment or acceptance. Upon completion of a trail, the Contractor shall contact the Contracting Officer to set a mutually agreed upon date for inspection of completed work.

Government Quality Assurance Surveillance Plan and Acceptance Requirements

A. Government Quality Assurance Inspection. The Government will, at its convenience, make periodic inspections of the work to assure itself of contract compliance and to perform Quality Assurance Inspections to determine confirm that the Contractor is performing quality control in accordance wit its QCP and that Contractor monitoring results in quality performance of contract objectives.

B. Acceptance. Acceptance of the work under the contract will be made after steps in (a) above have been taken and the Contracting Officer has made the determination of satisfactory compliance with the specifications. For acceptance purposes, complete trail by individual specifications as defined in (a) above shall be satisfactorily completed before acceptance will be made. Acceptance will not be made for segments broken by unacceptable portions of work.

B. Rework and Reinspection After Rework. When inspections indicates that the performance objectives were not met, the work will be deemed unsatisfactory, and payment will not be made until the Contractor has assured the Government that its Quality Control measures have corrected the deficiencies. Inspections after rework will be made in the same manner as the first inspection. The cost to the Government for inspections necessitated by the rework will be deducted from any payments to the Contractor.

Trail Maintenance RFQ 12048923Q0064

SECTION F - DELIVERIES OR PERFORMANCE

Contract Schedule

Two years in length

Contractor's Schedule

A. The Contractor shall complete the trails as established in the Work Summary Sheets

B. In addition to the Progress Schedule required the Contractor shall submit a weekly plan prior to next week's work. Weekly plans must be approved by the Contracting Officer Representative.

C. The Contractor shall currently notify the Contracting Officer Representative of changes in his/her established weekly schedule.

Required Submittals

The following is a general summary of the required submittals. Other submittals may be required as specified elsewhere in this contract.

Submittal Title Submittal Date Schedule of Work Prior to Work Starting Safety Plan With Quote and Updated Prior to Work Starting Quality Control Plan With Quote and Updated Prior to Work Starting Notification of Subcontracting Prior to Subcontractor Starting Work Fire Plan Prior to Work Starting Camping Permit Prior to Camping Weekly Plan Prior to Work Starting Progress Schedule Prior to Work Starting

SECTION I – CLAUSES

(x) Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2022) (DEVIATION JUL 2020) (Provision) [If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

http://www.acquisition.gov/far/

Trail Maintenance RFQ 12048923Q0064

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022)

(DEVIATION 2017-1)

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

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

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

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

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

http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

Trail Maintenance RFQ 12048923Q0064

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

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

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

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

Trail Maintenance RFQ 12048923Q0064

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

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

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

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

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

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

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

Trail Maintenance RFQ 12048923Q0064

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

Trail Maintenance RFQ 12048923Q0064

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

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

Trail Maintenance RFQ 12048923Q0064

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

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

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

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

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

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAY 2022) (DEVIATION 2017-1, DEVIATION APR 2020, and DEVIATION JUL 2020)

(a) The Contractor shall comply…