IPNF_2014_Brushing_CommItem.doc

COMMERCIAL ITEMS, Brushing Road 422, AG-02RC-S-11-0140

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

691203

PAGE 1 OF

2. CONTRACT NO.

AG-02RC-S-14-0076

3. ISSUE DATE

5/22/2014

Rita J. Loper, Contracting Officer Scott Jackson, Technical

b. TELEPHONE NUMBER (No collect calls)

208-765-7497 208-769-3015

8. OFFER DUE DATE/LOCAL TIME

6/16/2014 4:00 p.m. (pacific)

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

Idaho Panhandle National Forests St Joe Ranger District

FACILITY

CODE

TELEPHONE NO. DUNS #____________________

E-Mail Address: ________________________ Invoice Processing Platform (IPP)

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

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

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 SF1449, Block 19-24

Schedule 1, Base provide lump sum price for each line item (road)

MI

Amount$

Avery Timber Cr 10.5

Avery Timber Cr 10.2

priority 2014 0.2

6.7

TOTAL BASE

Schedule 1, Option Items

MI

Amount $

10.85

2.54

11.65

BASIS OF AWARD: The Government anticipates awarding two Firm-Fixed Price performance based service contracts to the offerors providing the best over-all value to the Government.

Only those offerors demonstrating the capability (i.e. more than one machine and operator), may be considered for both awards.

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.

Option Items may be exercised with a Modification and are dependent upon funding availability.

See attached table for additional road information.

Schedule 2, Base provide lump sum price for each line item (road)

MI

Amount $

TOTAL BASE

Schedule 2, Option Items

MI

Amount $

BASIS OF AWARD: The Government anticipates awarding two Firm-Fixed Price performance based service contracts to the offerors providing the best over-all value to the Government.

Only those offerors demonstrating the capability (i.e. more than one machine and operator), may be considered for both awards.

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.

Option Items may be exercised with a Modification and are dependent upon funding availability.

See attached table for additional road information.

ADDENDUM TO 52.212-4 Contract Terms and Conditions-Commercial Items.

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (FEB 2012) Alternate I (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

AGAR 452.211-74 PERIOD OF PERFORMANCE. The period of performance of this contract is from date of award through November 2015.

NOTE: Estimated start June, 2014 and approx 50 percent of the work awarded shall be completed in 2014.

52.217-7 Option for Increased Quantity—Separately Priced Line Item. (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within period of performance. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

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, 2014 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, 2014, 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 52.237-1 Site Visit. (APR 1984)

Offerors or quoters are urged and expected 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.

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.

Weed Free Equipment

In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed time and location.

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, NOT REQUIRED

(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, 7 pages Addendum to FAR 52.212-1 Instruction to Offerors, 1 page FAR 52.212-2 Evaluation-Commercial Item. 2 pages Attachments:

(1) Wage Determination Idaho, 1995-0228, Rev 30, dated 9/3/2013, 3 pages

(2) Exhibit A Typical Clearing Details, 1 Page

(3) Spreadsheet of Additional Road Information

Schedule 1

Schedule 2

(4) Map(s):

Schedule 1, 2 attachments Schedule 2, 8 attachments

(5) State Of Idaho Certificate of Verification of Workers' Compensation Insurance

(6) FAR 52.212-3 Offeror Representations & Certifications-Commercial Item

(7) Past Performance Survey form (optional use)

1.0 PERFORMANCE WORK STATEMENT

1.1 Scope of Contract. Award of this solicitation will result in Firm-fixed Price contract.

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

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

1.3 Location And Description.

1.3.1 The work sites is located on the St. Joe Ranger District of the Idaho Panhandle National Forests. Beginning and ending point will be flagged on the ground or listed on maps.

See attached list of roads(name & number), mileage ,termini (start and end) and last year brushed

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

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

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

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 and road surfacing damaged by the Contractor's operations shall be replaced or repaired 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. Fragmented debris of smaller dimension may remain within the clearing limits but must be removed from roadbed surfaces. Scattered debris in roadbed is acceptable in minor amounts that will not contaminate aggregate surfacing or may readily be incorporated into native surface materials.

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 submit 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 be submitted and approved before work begins. The QCP shall specify:

· How quality will be monitored to assure performance standards are met and rate of progress.

· How the work will be supervised and by whom.

· Identify the personnel responsible for performing quality control.

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

· Inspection Procedures and/or Processes, describe your organization processes and method of measurement

· Provide a copy if using standard checklist for inspections

· Provide Timeline and Rate of Production, identify milestones

· How quality will be monitored to assure performance standards are met and rate of progress

· Identify corrective or preventive actions that will be taken to meet quality standards

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

3.2 Contractor Quality Control Inspection.

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

The Contractor shall assure performance meets contract specifications, in accordance with FAR 52.212-4 Contract Terms and Conditions-Commercial prior to requesting the Government to inspect for payment or acceptance. Upon completion of a road, the Contractor shall shall notify the COR in writing or email 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. Methods may include visual survey and review of Contractor quality control documents, procedures, plan inspection reports and/or customer comments.

4.2 Acceptance. Acceptance of the work under the contract will be made after the COR has made the determination of satisfactory acceptable 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.

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

5.0 DELIVERIES OR PERFORMANCE.

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

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

The Government reserves the right to specify the sequence in which the work is performed. NOTE: approximately 50 percent of the work award shall be completed in 2014.

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.

7.0 PERFORMANCE SUMMARY

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

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

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

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

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

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

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

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

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.

Addendum to 52.212-1, Instructions

The System for Award Management (SAM) is a Federal Government owned and operated free web site that consolidates the capabilities in CCR/FedReg, ORCA, and EPLS. Contractors are required to be registered in System for Automated Processes (SAM) via https://www.sam.gov/portal/public/SAM/ Ensure NAICS 115310 is listed in your SAM profile.

For questions concerning registrations, certifications, or assistance with preparing quotes, contact the Procurement Technical Assistance (PTAC) http://www.aptac-us.org/new/. The PTAC contact in Boise, Idaho is Gary Moore (208) 334-2650, ext 2140 or Lee Velten (208) 334-2650 ext 2123.

RETURN THE FOLLOWING AS YOUR QUOTE:

Completed and Signed SF1449

Schedule of Price for Services

Response to Evaluation Criteria FAR 52-212-2

FAR 52.212-2 -- Evaluation -- Commercial Items. (JAN 1999)

(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:

(i) Technical capability to meet the Government requirement;

A) Identify firm’s Experience brushing Forest Roads, include location, value of work, and amount accomplished

B) Identify the Operator(s)

B) Identify the Equipment to be used, include year, make, model

C) Provide your estimated Rate of Progress.

D) Provide a Timeline showing the plan to accomplish the work, include the sequence of roads, (include Option Items) NOTE: this information should match up with your rate of progress. Identify what you plan to accomplish in 2014 and/or 2015. NOTE approx. 50 percent of the work awarded is due to be completed in 2014.

NOTE: Relevant equates to same or similar work for road brushing performed on rural- often remote networked-forest roads characterized by gravel or native material surfaces, narrow, curving, often shoulderless, turn-outs; adjacent to environmental sensitive streams or wetlands; having apurtenances such as signs, gates & culverts; steep drop-offs; often un-focused public drivers of vehicles including motorcycles, four-wheel ATV’s, recreational vehicles and industrial traffic.

(ii) Relevant Past Performance will be evaluated on the following:

i. Quality of services

ii. Customer Satisfaction

iii. Cost control

iv. Business relations

v. Timeliness of performance List the relevant projects your business has completed within the last three years (use format below) OR you may provide previous customers with an attached Past Performance Survey to complete and submit OR submit copies of performance evaluations, letters of recommendation, etc… provided to you by previous customers.

(iv) Price Technical Capability and Past Performance when combined, are significantly more important, when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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) AGAR 452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction (Deviation 2012-01) (FEB 2012) Alternate I (FEB 2012)

(a) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all Offerors must complete paragraph (1) of this representation, and all corporate Offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is FORMCHECKBOX , is not FORMCHECKBOX (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2)

(i) The Offeror has FORMCHECKBOX , has not FORMCHECKBOX (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has FORMCHECKBOX , has not FORMCHECKBOX (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does FORMCHECKBOX , does not FORMCHECKBOX (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.