sol_pkg_brushing_Final.doc

COMMERCIAL ITEMS, Road Maintenance, Brushing, AG-0281-S-08-0013

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

PAGE 1 OF

2. CONTRACT NO.

AG-0281-S-09-0016

3.AWARD/EFFECTIVE DATE

2/27/09

IVORY CARR, Contract Specialist RITA LOPER, Contracting Officer

b. TELEPHONE NUMBER (No collect calls)

(208) 765-7272

(208) 765-7497

8. OFFER DUE DATE/LOCAL TIME

3/30/09

4:30pm Pacific Time

9. ISSUED BY CODE |

USDA Forest Service

10. THIS ACQUISITION IS

[ ] UNRESTRICTED

[X ] SET ASIDE 100 % FOR

[ ] EMERGING SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

[ X ] SEE SCHEDULE

12. DISCOUNT TERMS

ORDER UNDER DPAS (15 CFR 700

3815 Schreiber Way

Coeur d Alene ID 83815

[ ] HUBZONE SMALL BUSINESS

[ ] SERVICE DISABLED VETERAN-OWNED SMALL BUSINESS

[ ]8(A)

13B. RATING

NAICS: 115310, Support Activities for Foresty SIZE STANDARD: $6.5 million

14. METHOD OF SOLICATION

[ X]RFQ [ ] IFB [ ] RFP

3815 Schreiber Way

Coeur d Alene ID 83815

FACILITY

CODE

TELEPHONE NO. DUNS #____________________

FAX NO.

E-Mail Address: ________________________ Idaho Panhandle National Forests

3815 Schreiber Way

Coeur d Alene ID 83815

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

IPNF - Forest Wide Brushing Submit Prices in attached Schedule of Items

FORMCHECKBOX

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

FORMCHECKBOX

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

[ ] TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN [ ] 29. AWARD OF CONTRACT: REFERENCE OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER

RITA J. LOPER

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN [ ]RECEIVED [ ] INSPECTED [ ] ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED 32b. SIGNATURE OF AUTHORIZED GOVT.

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

[ ]PARTIAL [ ] FINAL

FOR

37. CHECK NUMBER

OFFICER

41c. DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (Rev. 3/2005) Prescribed by GSA-FAR (48CFR 53.212

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/ Road Maintenance, Brushing 2009 Priest Lake, Sandpoint, Bonners Ferry, Coeur d Alene River, and St Joe Ranger Districts

Bonner, Boundary, Shoshone, Kootenai, Benewah and Latah Counties, Idaho, Pend Oreille County, WA Idaho Panhandle National Forests

Block 19-24, SCHEDULE OF ITEMS:

QUANTITY

UNIT

PRICE

TOTAL

St Joe RD

Coeur d’Alene River RD

Priest Lake, Sandpoint, and Bonners Ferry RD

*Heavy Brushing, see Performance Work Statement, Section 1.3.4.

**Estimated Quantities are for the purpose of evaluation of prices. Quantities are not guaranteed except as noted in AGAR 452.216-73 - Minimum and Maximum Contract Amount.

BASIS OF AWARD: One or more contracts will be awarded to the quote(s) providing the lowest price, technically acceptable. Past performance, technical ability to meet the requirements (experience/equipment) and price will be considered in evaluation for award. Evaluation criteria for past performance, technical ability and price are essentially equal. Information provided on the Experience Questionnaire, Past Performance Information Sheet and Schedule of Items will be used in the evaluation for award. All vendors doing business with the Federal Government are required to register in CCR before a contract can be awarded to them.

Costs for mobilization and moves between job locations will be considered incidental to the ordered work, therefore the Contractor must consider this expense in the pricing. “Hourly work, as needed” shall be specifically ordered as the need arises and will consist of brushing on an as needed basis in non-road areas such as campgrounds and bridge guardrail approaches as well as brushing unusual situation on specified roads.

The planned roads and mileage for the 2009 field seasons will be issued with Task Orders as the need arises. There is an option to renew for one year, 2010. Brushing minimum of 25 miles and maximum of 100 miles are anticipated each year. Minimum and maximum quantities are estimates based upon expected work load and funding, and are provided for information only If multiple awards are made, each of the multiple award Contractors shall be provided a fair opportunity to be considered for each task order. If multiple awards are made, contractor selected for work to be completed will be determined by location, availability, performance under previous task orders, and price. The Government does not guarantee any equality of orders to be placed with each multiple award Contractor, however each multiple award Contractor will receive a Task Order for the minimum amount.

AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNT (FEB 1988). During the period specified in FAR clause 52.216-18 ORDERING, the Government shall place orders totaling a minimum of $10,000 but not in excess of $400,000 over the term of the contract.

Authorized Ordering Officials: The following individuals are authorized to place orders under this contract: Ivory Carr, Rita Loper, Sally Russell, or Wendy Stephenson.

Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/ ADDENDUM TO 52.212-4 Contract Terms and Conditions-Commercial Items.

AGAR 452.211-74 PERIOD OF PERFORMANCE. The period of performance of this contract is from date of award of a Task Order through the period specified in the Order.

AGAR 452.211-75 EFFECTIVE PERIOD OF CONTRACT (FEB 1988). The effective period of this contract is from effective date of contract award through April 30, 2010. (See Option to Extend Term of Contract clause) Estimated start work date: April 2009 The Government will issue a Notice to Proceed as soon as weather and ground conditions are favorable for work with each Order. The count of contract time will start on the date specified on the Notice to Proceed. The Contractor shall maintain progress at a rate which will assure completion of work within the specified contract time.

FAR 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 April 30, 2010 (base year).

(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.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor

(1) Any order for a single item in excess of 100 miles;

(2) Any order for a combination of items in excess of 200 miles or

(3) A series of orders from the same ordering office within 14 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e.,includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after April 30, 2010.

FAR 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995). The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within one year; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed base year plus one additional year (April 2011).

FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984). Funds are not presently available for performance under this contract beyond September 30, 2009 or subsequent option year. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2009, or subsequent option year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2)on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

FAR 52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either—

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if—

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

SAFETY. Contractors shall comply with OSHA regulations and provide employees a work environment that is sanitary and not hazardous, which includes providing personal protective equipment. Contractors must maintain a health and safety plan and an accident prevention program, which includes frequent and regular inspections of the project site, materials and equipment. Contractors are responsible for risk management regarding contractor/employee and public safety, which include experience of operator to handle road and terrain conditions, getting to the worksite, traffic control and coordination with other users.

LOSS, DAMAGE, OR DESTRUCTION. Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment. All claims arising under this clause shall be submitted to the Contracting Officer.

FIRE CONTROL

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer, required only when the Contracting Officer has determined that conditions are sufficiently extreme to warrant in order to continue operations. The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least 3/4-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, an additional 250 feet of 3/4-inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with the proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

STATE OF IDAHO'S NOTICE TO OFFEROR Idaho Workers Compensation Law

1. Prior to award of any contract subject to Idaho Workers' Compensation Laws, the contractor must provide (1) evidence that they have the required workers' compensation coverage or, (2) documentation from the State of Idaho exempting the contractor from such coverage.

2. Contractors should obtain and complete a State of Idaho Certificate of Verification of Workers' Compensation Insurance as documentation of insurance coverage or exemption. These certificates may be obtained from and returned to the Employee Compliance Division of the Idaho Industrial Commission at the following offices:

1221 Ironwood Drive, Suite 317 Main Street

1070 Hiline, Suite 300

Coeur d'Alene, ID 83815 Boise, ID 83720

Pocatello, ID 83201

(208) 769-1565

(208) 334-6029

(208) 236-6366

FAX NO. (208) 769-1465

1-(800) 950-2110

FAX NO. (208) 236-6050

FAX NO. (208) 334-5145

3. This certificate of verification shall be fully executed by the contractor and signed by the Industrial Commission Compliance Officer prior to award of the contract.

4. IMPORTANT NOTE: The State of Idaho will NOT accept certificates of insurance, including those issued by the Idaho State Insurance Fund. You MUST complete and have approved for EVERY project you may receive award on, the Certificate of Verification of Workers' Compensation Insurance.

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

PERFORMANCE WORK STATEMENT, 6 pages

FAR 52.212-1 INSTRUCTION TO OFFERORS, 3 pages

EXPERIENCE QUESTIONNAIRE/PAST PERFORMANCE INFORMATION SHEET, 3 pages STATE OF IDAHO CERTIFICATE OF VERIFICATION OF WORKERS' COMPENSATION INSURANCE, 4 pages FAR 52.212-3 OFFEROR REPRESENTATIONS & CERTIFICATIONS-COMMERCIAL ITEM, 8 pages

ATTACHMENTS:

(1) WAGE DETERMINATION(s)

Idaho, 1995-0228, Rev 21, dated 05/29/2008, 4 pages

Washington, 1977-0209, Rev 37, dated 05/29/2008, 4 pages

(2) EXHIBIT A TYPICAL CLEARING DETAILS, 1 page

1.0 PERFORMANCE WORK STATEMENT

1.1 Scope of Contract. Award of this solicitation will result in Firm-fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) contract. Road Maintenance Brushcutting at locations throughout the Idaho Panhandle National Forests for a one year period with an option to renew for one additional year.

The performance-based services covered in this solicitation and resultant contract require the contractor to furnish all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform machine roadside brushcutting and clearing on designated roads, in compliance with the terms, specifications, conditions, and provisions of this solicitation. . The equipment used to perform this work shall meet safety standards and shall be in good mechanical condition.

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

1.3 Location And Description.

1.3.1 The work sites are located on the St. Joe, Coeur d Alene River, Priest Lake, Sandpoint and Bonners Ferry Ranger Districts of the Idaho Panhandle National Forests. The locations and miles of roads and other information pertinent to each road will be identified in the task orders issued prior to starting work. Maps may be requested from the respective Ranger District Offices: Linda Buck, St Joe Road Manager; (208) 245-6046; Craig Ely, CdA River Road Manager,(208) 769-3025 or Tammy Maiole (208) 769-3071of the Coeur d Alene River Ranger District; and Diane Hodel, (208) 265-6619, Road Manager, Priest Lake, Sandpoint and Bonners Ferry Districts.

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

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

1.3.4 Brushing will range from few trees and low brush scattered along shoulders of the roadway to trees and brush along the entire length of the shoulders of the roadway. Typically most roads that will be brushed will fall in the medium category. With the exception that occasionally heavy brushing (trees and brush that are located throughout the entire roadway) will need to be brushed (Pay Items 1.3, 2.3, 5.3 and 6.3) heavy brush cutting cannot be accomplished with normal Brushing Equipment.

2.0 CONTRACTOR WORK REQUIREMENTS and STANDARDS

2.1 Moving of Equipment and Supplies. The moving of equipment and supplies to the job site and between job sites shall be the contractor's responsibility.

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

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

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

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

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

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

2.4 Brushcutting Methods.

2.4.1 All material.

2.4.1.1. - All brush, slash, trees, etc., shall be cut off cleanly, with no material left partially cut, bent over, or matted down.

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

2.4.1.3 - All slash having a diameter greater than two (2) inches and a length greater than two (2) feet or a length greater than three (3) feet regardless of diameter shall be disposed of by scattering outside the clearing limits so that no material extends above the roadway elevation.

2.4.2 Logs and windfalls.

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

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

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

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

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

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

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

2.4.4.2 - Debris shall not be allowed to accumulate in heavy concentrations, and should be distributed outside the clearing limits adjacent to the cutting area.

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

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

2.5.1 - Traffic Conditions

2.5.1.1 - Roads shall be open to traffic unless otherwise provided.

2.5.1.2 - One lane roads shall be available for one lane channelized passage of traffic at all times unless approved in writing by the COR.

2.5.2 - Devices

2.5.2.1 - Required signs can be mounted on portable or temporary mountings. Standard MUTCD legends shall be used.

2.5.2.2 - Traffic approaching the work area from either direction and side approaches shall be warned by signing.

2.5.2.3 - Signs will at all times be within one mile of the operating equipment or personnel.

2.5.2.4 - Hazards incidental to the work within or on the traveled way, shoulders, or turnouts shall be marked with hazard identification, illuminated beacons, or other MUTCD devices to safely guide road users through the area. Work shall be scheduled to provide for completion of segments on a daily basis.

2.5.2.5 - Advisory speed plates may be used to control traffic through the work area.

2.5.3 – Equipment

2.5.3.1 - All vehicles and machinery operating on or from the traveled way or road shoulder shall have flashing 4-way or top mounted flashing amber lights or rotary beacons operated continuously while work is in progress.

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

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

3.0 REPORTS AND DOCUMENTATION.

3.1 Contractor Quality Control Plan. The Contractor shall have a Quality Control Plan (QCP) that demonstrates how the Contractor will assure that quality of performance meets the objectives and requirements of the contract. The QCP shall specify:

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

· How the work will be supervised.

· Identify the personnel responsible for performing quality control.

· Identify designated representative on site at all time during performance.

Failure of the Contractor to maintain satisfactory inspection results will be grounds for deduction in payment or termination for cause.

3.2 Contractor Quality Control Inspection. The Contractor shall assure performance meets contract specifications, in accordance with FAR 52.212-4 Contract Terms and Conditions-Commercial prior to requesting the Government to inspect for payment or acceptance. Upon completion of a road, or segment of road not less than 5 miles in length, the Contractor shall shall notify the COR in writing to set a mutually agreed upon date for inspection of completed work.

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

4.0 ACCEPTANCE REQUIREMENTS.

4.1 Government Quality Assurance Inspection. The Government will, at its convenience, make periodic inspections of the work to assure contract compliance and will perform Quality Assurance Inspections to determine the Contractor is performing quality control in accordance with his Quality Control Plan.

4.2 Acceptance. Acceptance of the work under the contract will be made after steps in Reports and Documentation have been taken and the COR has made the determination of satisfactory compliance with the specifications. For acceptance purposes, complete segments or an entire road if shorter in length, shall be satisfactorily completed before acceptance will be made. Acceptance will not be made for segments broken by unacceptable portions of work.

4.3 Rework and Reinspection After Rework. When inspection 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.

4.4 Reinspection. If the Government is required to reinspect the Contractor’s work, the actual cost of inspector time may be deducted from the Contractor’s payment.

5.0 DELIVERIES OR PERFORMANCE.

5.1 Performance Period. Each task order will identify the Performance Period for the work being ordered and the contractor shall maintain progress at a rate, which will assure completion of the work within the period specified on the task order. The amount of contract time allowed for each task order will be determined by contractor’s estimated rate of production.

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

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

6.0 CONTRACT ADMINISTRATION DATA

6.1 Post Award Conference AGAR 452.215-73 (NOV 1996). A post award conference with the successful quote is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a location to be agreed upon.

6.2 Measurement

6.2.1 Method of Measurement. Roadside brushcutting will be measured in miles and nearest tenths of miles along the road centerline of the roadway, and shall include only those sections of the roads which are included in the contract and completed in accordance with the specifications. Measurement will be by a Forest Service vehicle. The measuring device (DMI) will be checked for accuracy and calibrated as necessary. Parking areas, turnouts, and approach road connections are considered as adjuncts to the main roads and shall not be measured separately. Mileage includes brushcutting both sides of the road

6.2.2 Hourly Work Method of Measurement. An hour consists of 60 minutes of actual operation of equipment on authorized Government work. Moving of equipment under its own power, when so ordered by the Contracting Officer, will constitute authorized work. Non-productive time such as, but not restricted to, lack of operating supplies or being stuck, or moving and loading time of equipment and specified accessories, shall not constitute "actual operation". When working on the hourly portion of the contract, the government may furnish a "Service" activity/inactivity vehicle motion clock recorder and/or an inspector to record the contractor’s hourly operational time.

6.2.3 Record of Work. The government will maintain a daily record for each piece of equipment showing:

Contract number and work item number applicable to the equipment.

Name of contractor.

Hours of operation authorized to nearest quarter hour.

Hour of actual operation on regular work.

Authorized hours of operation lost and reason.

7.0 PERFORMANCE SUMMARY

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

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

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

Quality Control

· The quality of Quality Control provided by the Contractor will be reflected in the performance evaluation as either positive or negative.

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

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

52.212-1 Instructions to Offerors—Commercial Items. (June 2008)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (SCHEDULE OF ITEMS and EXPERIENCE QUESTIONNAIRE)

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); SEE PAST PERFORMANCE INFORMATION SHEET and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples.