AG-0398-S-15-0016.pdf

AG‐0398‐S‐15‐0016

Custer Gallatin National Forest 2015 Trail Excavator Equipment Rental

SOLICITATION: AG‐0398‐S‐15‐0016, 2015 Trail Excavator Equipment Rental

LOCATION: Custer Gallatin National Forest; Gallatin, Park, & Sweetgrass Counties, MT

SOLICITATION ISSUE DATE: 07/17/2015

TYPE OF SOLICITATION: Request for Quotation (RFQ).

GENERAL INFORMATION: The intent of this solicitation is to obtain quotes for the Rental of two trail sized excavators (one mini compact and one medium compact), with operators, for trails work on the Custer Gallatin National Forest. A complete project description is included on the following pages.

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

This solicitation and incorporated provisions and clauses are those in effect through the most current Federal Acquisition Circular, FAC 2005‐82, 06/08/2015.

AGAR 452.219‐70 SIZE STANDARD AND NORTH AMERICAN INDUSTRY CLASSIFICATION (NAICS) CODE INFORMATION:

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): ALL NAICS Code: 115310 (Support Activities for Forestry) Size Standard: $7.5 Million

SET ASIDE: 100% small business set‐aside.

OFFER DUE DATE/LOCAL TIME: ALL QUOTES MUST BE RECEIVED NO LATER THAN 31 JULY 2015 AT 1600 HOURS MDT.

CONTRACTORS WISHING TO SUBMIT A QUOTE MUST INCLUDE THE FOLLOWING:

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

Schedule of Items and ‘Price Quotation Furnished by’ information (p. 2).

Experience Questionnaire included in List of Attachments (p. 16).

A concise resume for all equipment operator/s who have not previously operated a Trail Excavator on the Custer

Gallatin National Forest.

Representations & Certifications (pp. 23‐35). Note: If already registered in SAM, check the box on p. 30, paragraph

(b)(1)(2).

AGAR Provision 452.209‐70 (p. 36).

Acknowledgement of Solicitation Amendments per the instructions in Block 11 of the SF‐30 (if applicable). If applicable, Solicitation Amendments (Solicitation # AG‐0398‐S‐15‐0016) will be posted to www.fbo.gov.

FACSIMILE SUBMISSION OF QUOTES: Quotes submitted by facsimile transmission will not be accepted.

ELECTRONIC SUBMISSION OF QUOTES: Electronic submission of quotes will be accepted. Electronic quotes must be submitted to afitzpatrick@fs.fed.us.

HARD COPY SUBMISSION OF QUOTES: Submittal of hard copy quotes must be sent to the following address.

Custer Gallatin National Forest; Attention: Alane Fitzpatrick, East Side Acquisition Team (ESAT); PO Box 130, 10 East Babcock Ave, Bozeman, MT 59715

PART I ‐ THE SCHEDULE

SUPPLIES OR SERVICES & PRICES/COSTS

SCHEDULE OF ITEMS: 2015 Trail Excavator Equipment Rental; Gallatin, Park, and Sweetgrass Counties, Montana; Bozeman, Yellowstone (Livingston & Big Timber areas), Gardiner, and Hebgen Lake Ranger Districts; Custer Gallatin National Forest.

ITEM DESCRIPTION

ESTIMATED

QTY

MEASUREMENT UNIT

PRICE

AMOUNT

**METHOD **UNIT

*Equipment Rental: One Mini Compact Trail Excavator (maximum track width of 42”), fully operated 240 AQ HR $ $

*Equipment Rental: Medium Compact Trail Excavator (maximum track width of 72”; 6‐way front dozer blade and thumb attachment are required), fully operated 300 AQ HR $ $

TOTAL PRICE : $

*NOTE: A one‐time, move‐in allowance will be paid at the excavator rental rate, per piece of rented equipment, from the Point of Hire to the job site. A one‐time, Move‐out allowance will be paid when all work is completed, per piece of rental equipment, from the job site to the Point of Release. Move‐in/move‐out time is included in the ‘Estimated Quantity’ for Items 1 & 2.

EQUIPMENT OFFERED TO COMPLETE ITEMS 1‐2:

MINI COMPACT TRAIL EXCAVATOR ***

Make: Model: **Year:

MEDIUM COMPACT TRAIL EXCAVATOR ***

Make: Model: **Year:

**NOTE: Refer to Technical Specifications for requirements for equipment more than eight years old.

Price quotation furnished by:

Name: _____________________________________ Phone: ________________________________

Address: _____________________________________ Cell: ________________________________

_____________________________________ FAX: ________________________________

DUNS: _____________________________________ E‐Mail: ________________________________

Special Notes:

1. Interested vendors must bid on all items. Round to the nearest cent.

2. In the event of an error in extending the bid prices, unit prices will govern, unless otherwise determined by the

Contracting Officer, in accordance with applicable regulations.

3. Offers for Quantities less than those listed in the Schedule of Items may be rejected.

*DESIGNATED METHOD OF MEASUREMENT **PAY UNIT ABBREVIATIONS

AQ ‐‐‐‐‐‐ Actual Quantity HR ‐‐‐‐‐‐‐ Hour

LSQ ‐‐‐‐‐ Lump Sum Quantity LS ‐‐‐‐‐‐‐‐ Lump Sum

4. One contract will be awarded to the responsive and responsible party offering the best value to the Government (see Part IV, Evaluation Factors for Award).

5. Vendors must be registered in the System for Award Management (SAM) database to be considered for contract award (reference FAR 52.212‐4).

6. Along with price information, the vendor shall provide the Government with information regarding experience and past performance for all related work within the past three years. Please complete the Experience Questionnaire located in Part III, List of Attachments. Additionally, vendors must submit a brief resume for all equipment operator/s who have not previously operated a Trail Excavator on the Custer Gallatin National Forest.

7. Subcontractors: All subcontractors must be identified by the time of the post award conference and must be approved prior to the issuance of the Notice to Proceed. Contractors shall submit a completed SF‐1413 form to the Contracting Officer for each subcontractor (an SF‐1413 form is attached in Part III, List of Attachments).

8. This is a Request for Quotation (RFQ); no public opening will be held. Results will not be made public prior to award. Quotes submitted in response to this RFQ will not be returned and will be retained by the U.S. Forest Service for official record purposes. This RFQ does not commit the Government to pay any costs incurred in the preparation or the submission of a quote, or to make any award.

9. Vendors are urged to thoroughly read the solicitation and to review all attachments prior to preparing and submitting a quote. Questions regarding quote submission may be directed to Alane Fitzpatrick, Contracting Officer, at 406‐587‐6920.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.216‐74 Ceiling Price (FEB 1988) The ceiling price of this contract is $100,000.00. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

(End of Clause)

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

General Specifications

Scope of Work: This is a request for equipment rental of a Mini Compact Trail Excavator and a Medium Compact Trail Excavator, fully operated, on the Custer Gallatin National Forest. The requirement involves furnishing equipment that is fully operated and that is in good mechanical and operational condition. Equipment may be operated concurrently by multiple operators, provided the individuals are qualified to operate the equipment. The equipment must be operated by qualified, competent operators who are experienced in performing the type of work specified herein. The operator/s must be practiced in safely operating the equipment in mountain conditions/terrain and in the hook‐up of any/all equipment attachments. Thorough knowledge of all equipment capabilities is required and the operator will have the ability to read, understand, and follow oral and written directions. (Note: A concise resume for the Contractor’s equipment operator/s, who have not previously operated a Trail Excavator on the Custer Gallatin National Forest, must be provided with a response to this Request for Quotation.)

The Contractor shall provide all equipment, operating supplies, operators, supervision, and support functions necessary to perform the required work on a per hour basis.

Description of Work: The work to be accomplished is associated with trail building and trail maintenance under the direction and supervision of the Government. The work shall include, but is not limited to: building new trail prism, blading, widening and shaping trail surfaces, building and cleaning grade dips and drainage ditches, and removing rock, logs, and debris.

Project Location: The work will be located on various trails across the Custer Gallatin National Forest on the Bozeman, Yellowstone (Livingston & Big Timber areas), Gardiner, and Hebgen Lake Ranger Districts. The following table illustrates the estimated hours of equipment rental anticipated by the Forest.

Item No. – Forest Name Estimated Hours

1 – Custer Gallatin National Forest (Gallatin Area) 240 2 – Custer Gallatin National Forest (Gallatin Area) 300

Interested parties with technical questions may contact Todd Orr at the Custer Gallatin National Forest, Supervisor’s Office at 406‐587‐6741.

Technical Specifications: Equipment (trail excavators) furnished under this contract shall meet the following minimum specifications and equipment requirements.

Item 1, Mini Compact Trail Excavator

Case CX17B, or equivalent

Minimum net engine horsepower: 14

Maximum track width: 42‐inches

Tracks

Front dozer blade

12‐foot reach

7‐foot dig depth

Cab with rollover protection

Maximum Equipment Age: 8 years*

Item 2, Medium Compact Trail Excavator

Kubota KX121‐3S, or equivalent

Minimum net engine horsepower: 19

Maximum track width: 72‐inches

Tracks

6‐way front dozer blade

18‐foot reach

9‐foot dig depth

Thumb attachment on boom

Cab with rollover protection

Maximum Equipment Age: 8 years*

*NOTE: Equipment may be offered which exceeds the specified age, if:

(a) The bidder completes the equipment identification blocks with the Schedule of Items in the solicitation;

(b) The bidder secures an inspection by a qualified mechanic employed by a factory authorized repair facility for warranty purposes or an authorized dealer, for the Make of equipment being offered;

(c) The mechanic completes the Inspection Form (reference Part III, EXHIBIT B) and certifies that the equipment is in good operating and mechanical condition (this form must be submitted and included with the Vendor’s quote). This inspection does not affect the Government's right to make additional inspections of the equipment or to contact the inspector concerning the inspection performed.

Safety Requirements: The Contractor shall provide two signs, with stands, stating "Machinery Ahead" with stands. Signs shall be a minimum of 36" x 36" in size with 6‐inch black lettering on an orange background, reflectorized. Signs shall be in good condition and lettering shall be legible. Signs shall conform to U.S. Department of Transportation "Manual of Uniform Traffic Control Devices" (MUTCD), sign W21‐3 (reference EXHIBIT A, located in Part III, List of Attachments). Signs shall be posted at the beginning and end of the daily work area before work begins. Signs shall be removed at the end of each work day, except as noted below.

If a berm is left in a trail overnight or on weekends due to weather conditions or equipment breakdowns, the Contractor shall place a Type I barricade with an operable Type B illuminated warning light at each end of the berm and at maximum spacing intervals of 1,000 feet. These devices shall conform to MUTCD (reference EXHIBIT A, located in Part III, List of Attachments). If it is necessary to leave a berm in place over a weekend, the Contractor shall notify the Contracting Officer’s Representative (COR) or inspector within three hours of the cause.

Site Conditions/Soil Moisture: Equipment use may be suspended when site conditions or soil moisture conditions are not favorable for obtaining a satisfactory result. Suitable moisture conditions are determined to be in excess of five percent and less than 15 percent by weight of the material being bladed unless otherwise authorized by the COR.

INSPECTION & ACCEPTANCE

Equipment Inspection and Acceptance Requirements

(a) Inspection of Equipment. Equipment will be inspected at the time it is delivered to the worksite. Equipment that does not meet contract specifications and requirements shall be rejected.

(b) Rejected and Replacement Equipment. If equipment is rejected for non‐compliance with the specifications, the Contractor will be notified in writing to correct the deficiencies or furnish replacement equipment meeting specifications within two calendar days. If accepted equipment becomes inoperative, the Contractor shall be required to correct the deficiencies within two calendar days. Failure to repair or replace the equipment in the two calendar days may result in the termination of the Contractor's right to proceed. If accumulated down‐time due to equipment breakdown exceeds 10 percent of the working days for that item the Contractor's right to proceed may be terminated.

(c) Dependent Equipment. If any piece of equipment becomes inoperative and prevents a dependent piece of equipment from doing productive work, then no payment will be made for any dependent equipment until affected equipment resumes operation. However, authorized time for all equipment shall apply towards meeting the hours shown in the Schedule of Items.

DELIVERIES OR PERFORMANCE

Performance Period Requirements / Contract Time

(a) Contract Time. Contract time will begin on the date specified by the Notice to Proceed. Work will be performed continuously, (1) for the period of time listed below; (2) until completion of the work contemplated by the Government; or (3) until closure of the work season due to inadequate soil moisture and/or adverse weather conditions, whichever is sooner. The Contracting Officer will determine when the work season is closed.

Item No. Estimated Starting Date* Calendar Days

1 August 10, 2015 28 2 August 10, 2015 35

* Actual starting date may vary depending on contract award date, weather and road conditions.

(b) The working days shown are sufficient to accomplish the estimated hours of work plus an allowance of approximately 15 percent for lost time due to weather, breakdown, being stuck, and other problems. In the event the Contractor fails to accomplish the estimated hours of work within the working days, and a need for the equipment still exists, the Government may allow a contract time extension.

(c) Days and Hours of Work. The work is to be accomplished Monday through Friday, five days per week, ten hours per day. The workday shall be between the hours of 7:00 a.m. and 6:00 p.m., but the operating time shall not exceed ten hours during any one day. This schedule may be altered by mutual agreement of the parties during the contract period. The Contractor shall notify the Contracting Officer’s Representative (COR) one week in advance of any request for any significant schedule alteration.

(d) Point of Hire and Release.

ITEM POINT‐OF‐HIRE POINT‐OF‐RELEASE

1 Custer Gallatin National Forest, Supervisor’s Office

Bozeman, MT Custer Gallatin National Forest, Supervisor’s Office

Bozeman, MT 2 Custer Gallatin National Forest, Supervisor’s Office

Bozeman, MT Custer Gallatin National Forest, Supervisor’s Office

Bozeman, MT

CONTRACT ADMINISTRATION DATA

Measurement and Payment/Method of Measurement For work performed for this requirement (e.g., work authorized by the Government), an hour consists of 60 minutes of actual operation of equipment. Moving of equipment under its own power, when so ordered by the Contracting Officer, (except move‐in/move‐out) will constitute authorized work. Nonproductive time such as, but not restricted to, lack of operating supplies or qualified operator, equipment service time, time lost by reason of breakdown or being stuck, or loading time of specified accessories shall not constitute "actual operation."

(a) Move‐in/move‐out: The move‐in/move‐out allowance will be paid for moving all fully operated equipment, support equipment, and personnel to the point of hire, complete and ready for work, and from the point of release. No move‐in/move‐out will be paid for replacement equipment. A one‐time, move‐in allowance will be paid at the excavator rental rate, per piece of rented equipment, from the Point of Hire to the job site. A one‐time, Move‐out allowance will be paid when all work is completed, per piece of rental equipment, from the job site to the Point of Release.

(b) Moving between job locations and standby: Moving of equipment and specified accessories between job locations shall be at Government expense and paid for at the hourly rate. Moving of support equipment and personnel between job locations shall be at Contractor's expense.

Variation in Estimated Quantity

Changes in the estimated quantities listed in the Schedule of Items may be necessary. No adjustment of Unit Prices shall be allowed, except as follows:

(a) If the estimated quantity of any item is increased to more than 115 percent of the quantity stated in The Schedule, either party to the contract, upon demand, may be entitled to an equitable adjustment on the quantity above 125 percent.

(b) If the estimated quantity of any item is reduced to less than 85 percent of the quantity stated in The Schedule, either party to the contract, upon demand, may be entitled to an equitable adjustment for the quantity actually performed and accepted.

Daily Record The Government will maintain a daily record for each piece of equipment, specifying the following items:

(a) Contract number and bid item number applicable to the equipment.

(b) Name of Contractor

(c) Hours of operation authorized for payment to nearest quarter hour.

(d) Hours of actual operation will be recorded and maintained by the COR and/or inspector. Payments will be based on COR and/or inspector's records (e.g., hours will be documented on Equipment Rental ‘Shift Tickets’ which must be signed by the Contractor).

(e) Authorized hours of operation lost and reason.

Basis of Payment The daily record will constitute the basis for calculating the sum due the Contractor. The Contractor shall submit and invoice for payment at the end of each 15 calendar day period.

SPECIAL CONTRACT REQUIREMENTS

Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or man‐made channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

Noxious Weed Control This project lies within a weed management district, which is any area of land identified for the purpose of weed management or control. Such an identified land area may be, but is not limited to, one of the following: 1) a project or job site; 2) a county; 3) two or more counties; or, 4) a National Forest.

Noxious weeds are defined as any exotic plant species established or that may be introduced in the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the State Department of Agriculture, or by the County Weed Management District, or by other appropriate agencies having jurisdiction.

All equipment, materials, and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto Federal lands.

Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. Cleaning shall occur off Federal lands prior to entering the weed management district.

Equipment, materials, and vehicles will be visually inspected by the Contracting Officer's Representative (COR) or other designated Forest Service official and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the COR or other official. Equipment and vehicles shall proceed directly to the job site following the inspections. Materials, including delivery vehicle(s), delivered to the project site will also be inspected prior to entering the weed management district.

Certification will remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site or within the designated weed management district.

Equipment and vehicles that leave the designated area will need to be recertified as weed free before they are allowed to return to the job site or reenter the weed management district.

PART II ‐ CONTRACT CLAUSES

CONTRACT CLAUSES, TERMS, & CONDITIONS

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.252‐2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm;

http://www.dm.usda.gov/procurement/policy/agar.html.

(End of clause)

52.211‐18 Variation in Estimated Quantity (APR 1984) 52.212‐4 Contract Terms and Conditions ‐ Commercial Items (MAY 2015) ‐ Alternate I (MAY 2014) 52.223‐2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.232‐7 Payments under Time‐and‐Materials and Labor‐Hour Contracts (AUG 2012) 52.232‐18 Availability of Funds (APR 1984) 52.242‐15 Stop‐Work Order (AUG 1989) – Alternate I (APR 1984) 52.243‐3 Changes ‐ Time‐and‐Materials or Labor‐Hours (SEP 2000) 52.244‐6 Subcontracts for Commercial Items (APR 2015) 52.245‐1 Government Property (APR 2012) 52.246‐6 Inspection – Time‐and‐Material and Labor Hour (MAY 2001) 52.245‐9 Use and Charges (APR 2012) 52.249‐6 Termination (Cost‐Reimbursement) (MAY 2004) ‐ Alternate IV (SEP 1996)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236‐72 Use of Premises (NOV 1996)

52.211‐10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract on the effective date of the Notice to Proceed,

(b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 October 2015.

(End of Clause)

52.246‐20 Warranty of Services (MAY 2001)

(a) Definition.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance by the Government. This notice shall state either‐

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

(End of clause)

52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders ‐ Commercial Items (MAY 2015)

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

(1) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108‐77 and 108‐78 (19 U.S.C.

3805 note)).

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

[Contracting Officer check as appropriate.]

(1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

(3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

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

(4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Jul 2013) (Pub. L. 109‐

282) (31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204‐14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111‐117, section 743 of Div. C).

(7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Jan 2014) (Pub. L.

111‐117, section 743 of Div. C).

(8) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

(9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

(10) [Reserved].

(11)(i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Nov 2011) (15 U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219‐3.

(12)(i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (JAN 2011) of 52.219‐4.

(13) [Reserved] (14)(i) 52.219‐6, Notice of Total Small Business Set‐Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15)(i) 52.219‐7, Notice of Partial Small Business Set‐Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219‐7.

(iii) Alternate II (Mar 2004) of 52.219‐7.

(16) 52.219‐8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219‐9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Oct 2001) of 52.219‐9.

(iii) Alternate II (Oct 2001) of 52.219‐9.

(iv) Alternate III (Oct 2014) of 52.219‐9.

(18) 52.219‐13, Notice of Set‐Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

(19) 52.219‐14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219‐16, Liquidated Damages‐Subcon‐tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (Nov 2011) (15 U.S.C. 657 f).

(22) 52.219‐28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219‐29, Notice of Set‐Aside for Economically Disadvantaged Women‐Owned Small Business (EDWOSB)

Concerns (Jul 2013) (15 U.S.C. 637(m)).

(24) 52.219‐30, Notice of Set‐Aside for Women‐Owned Small Business (WOSB) Concerns Eligible Under the

WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

(25) 52.222‐3, Convict Labor (June 2003) (E.O. 11755).

(26) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

(27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(28) 52.222‐26, Equal Opportunity (Apr 2015) (E.O. 11246).

(29) 52.222‐35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

(30) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(31) 52.222‐37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(32) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

(33)(i) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(34) 52.222‐54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

(36)(i) 52.223‐13, Acquisition of EPEAT®‐Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223‐13.

(37)(i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223‐14.

(38) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (DEC 2007) (42 U.S.C. 8259b).

(39)(i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and

13514).

(ii) Alternate I (Jun 2014) of 52.223‐16.

(40) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

(41) 52.225‐1, Buy American‐Supplies (May 2014) (41 U.S.C. chapter 83).

(42)(i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19

U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43.

(ii) Alternate I (May 2014) of 52.225‐3.

(iii) Alternate II (May 2014) of 52.225‐3.

(iv) Alternate III (May 2014) of 52.225‐3.

(43) 52.225‐5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(44) 52.225‐13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(45) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(46) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150).

(47) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(48) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

(49) 52.232‐30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(50) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (Jul 2013) (31 U.S.C.

3332).

(51) 52.232‐34, Payment by Electronic Funds Transfer‐Other than System for Award Management (Jul 2013) (31

U.S.C. 3332).

(52) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(53) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(54)(i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247‐64.

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

[Contracting Officer check as appropriate.]

(1) 52.222‐17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

(2) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(3) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter

67).

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

Employee Class Monetary Wage Fringe Benefits

GS‐6, Step 5 $19.34 + Fringe Benefits as applicable GS‐7, Step 5 $21.49 + Fringe Benefits as applicable

(4) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards‐Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards‐Price Adjustment (May 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services‐Requirements (May 2014) (41 U.S.C. chapter 67).

(8) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658).

(9) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(10) 52.237‐11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215‐2, Audit and Records‐Negotiation.

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

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause‐

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219‐8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222‐17.

(iv) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222‐26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222‐35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222‐37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(ix) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222‐40.

(x) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi)

(A) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

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

(xii) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (May 2014) (41 U.S.C. chapter 67).

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

(xiv) 52.222‐54, Employment Eligibility Verification (AUG 2013).

(xv) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(xvi) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.

(xviii) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216‐31 Time‐and‐Materials/Labor‐Hour Proposal Requirements‐Commercial Item Acquisition (FEB 2007)

(a) The Government contemplates award of a Time‐and‐Materials or Labor‐Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by‐

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control.

(End of provision)

52.232‐40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.209‐71 – Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants, Alternate 1 (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.

452.211‐73 Attachments to Statements of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Part III are hereby made part of this solicitation and any resultant contract.

(End of Clause)

452.211‐74 Period of Performance (FEB 1988) The period of performance of this contract is from Notice to Proceed through 30 October 2015.

452.211‐75 Effective Period of the Contract (FEB 1988) The effective period of this contract is from date of contract award through 30 October 2015.

(End of Clause)

452.215‐73 Postaward Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within seven days after the date of contract award. The conference will be held at: Custer Gallatin National Forest, Supervisor’s Office, 10 East Babcock, Bozeman, MT 59715 or at another location agreed to by the parties.

(End of Clause)

452.236‐77 Emergency Response (NOV 1996)

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

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

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the

Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243‐4.

(End of clause)

452.237‐70 Loss, Damage, Destruction or Repair (FEB 1988)

(a) For equipment furnished under this contract without operator, the Government will assume liability for any loss, damage or destruction of such equipment, not to exceed a total N/A except that no reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees.

(b) For equipment furnished under this contract with operator, the Government shall not be liable for any loss, damage or destruction of such equipment, except for loss, damage or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

(c) All repairs to equipment furnished under this contract shall be made by the Contractor and reimbursement, if any, shall be determined in accordance with (a) or (b) above. Repairs shall be made promptly and equipment returned to use within 48‐ hours. In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified. The Contractor may authorize the Government to make repairs upon the request of the Contracting Officer. In such case, the Contractor will be billed for labor and parts costs.

PART III ‐ LIST OF DOCUMENTS, EXHIBITS, & OTHER ATTACHMENTS

Attachments:

1 Experience Questionnaire

2 Wage Determination – Service Contract Act; Forestry and Land Management Services 07/08/2015 WD 76‐1342 (Rev. ‐51)

3 Vicinity Map

4 Exhibit A: Signs and Barricades

5 Exhibit B: Vehicle/Heavy Equipment Inspection Checklist

6 SF‐1413, Statement & Acknowledgment (Subcontractor); (Attached as a separate document, 1 page)

ATTACHMENT 1 – EXPERIENCE QUESTIONNAIRE

QUOTERS SHALL FURNISH THE FOLLOWING INFORMATION AS IT PERTAINS TO THIS REQUEST FOR QUOTE (RFQ)

a. Furnish the following experience information:

1. How many years experience as a prime contractor do you have?

2. List your contract experience in this type of work over the past 3 years.

CONTRACT

AMOUNT

TYPE OF

PROJECT

DATE

COMPLETED

NAME, ADDRESS, AND TELEPHONE NO.

OF OWNER/PERSON TO CONTACT

FOR PROJECT INFORMATION

b. List below the major equipment that will be utilized full time on this project:

NUMBER

AVAILABLE

EQUIPMENT

TYPE

DESCRIPTION, SIZE,

CAPACITY, ETC.

CONDITION

OWNED

RENTED

c. What is your estimated rate of production per machine per day for this project.

d. Identify any projects you have which may run concurrently with this project.

NOTE: FAILURE TO COMPLETE AND SUBMIT THE ABOVE INFORMATION CAN CAUSE A DELAY IN MAKING AN AWARD.

ATTACHMENT 2 – WAGE DETERMINATION: Service Contract Act (www.dol.gov)

WD 76-1342 (Rev.-51) was first posted on www.wdol.gov on 07/14/2015 Forestry and Land Management Services

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Daniel W. Simms Division of Wage | Wage Determination No: 1976-1342 Director Determinations | Revision No: 51 | Date Of Revision: 07/08/2015 Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Service Contract Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Montana Area: Montana Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Forestry Industry

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 14.32 08040 - Choker Setter 17.40 08070 - Faller/Bucker 19.28 08100 - Fire Lookout 14.32 08130 - Forestry Equipment Operator 18.00 08160 - Forestry/Logging Heavy Equipment Operator 20.21 08190 - Forestry Technician 20.21 08200 - Forestry Truck Driver 20.21 08250 - General Forestry Laborer 13.44 08280 - Nursery Specialist 19.88 08310 - Slash Piler/Burner 14.32 08340 - Tree Climber 16.02 08370 - Tree Planter 13.91 08400 - Tree Planter, Mechanical 13.91

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day,…