s080027A_complete_solicitation_pkg.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Issuing Office:

U.S. Department of Agriculture Forest Service

Western Montana Acquisition Zone Building 24, Fort Missoula Missoula, Montana 59804

Offers Are Solicited For:

PROJECT

Solicitation No. RFP AG-03R6-S-08-0027A HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO OFFEROR

IDIQ Road Construction Services for Northern Region of the Forest Service

Including Northern Idaho, Montana, North Dakota, and NW Corner of South Dakota

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. Pre-Proposal/Industry Meetings will be held:

a. Coeur d’Alene, Idaho –1/20/09 10 a.m. PST, at Idaho Panhandle NF’s Supervisor’s Office, 3815 Schreiber Way, Grizzley Conference Room.

b. Missoula, Montana – 1/21/09 10 a.m. MST, at Missoula Technology & Development Center, 5785 West Broadway, (aka 5785 Hwy 10 West); park in back of MTDC building and follow signs to the meeting room.

c. Bozeman, Montana – 1/22/09 11 a.m. MST, at Gallatin NF Supervisor’s Office, 10 E. Babcock Room 243; Check in at front desk on 3rd floor.

Comments of prospective Offerors will be accepted until January 23rd at 4 p.m. Comments will be reviewed and if changes to the solicitation are necessary, they will be included in the amendment with the pre-proposal meeting notes.

FS-6300-45 (11/79)

AG-03R6-S-08-0027A

IDIQ Road Construction Services

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 1-2

SECTION B - SUPPLIES OR SERVICES AND PRICES 3-4

B- 1 - Schedule of Items B- 2 - Bonding B- 3 - Minimum and Maximum Contract Amounts B- 4 - Identification of Contractor’s Availability and Interest B- 5 - Ordering Officials

SECTION C - DESCRIPTION/SPECIFICATIONS 5-7

C- 1 - Scope of Contract C- 2 - Project Location C- 3 - Price Range and Contract Minimum/Maximums C- 4 - Pre-proposal Meetings C- 5 - Site Visit C- 6 - Start Work and Period of Performance C- 7 - Government-Furnished Property C- 8 - Standard Specifications C- 9 - Project Specifications - Including Standard and Supplemental Project Specifications C-10 - Drawings

SECTION E - INSPECTION AND ACCEPTANCE 8

Inspection of Construction

SECTION F - DELIVERIES OR PERFORMANCE 9-10

Suspension of Work F- 1 - Commencement, Prosecution, and Completion of Work F- 2 - Performance of Work by the Contractor F- 3 - Maximum Workweek - Construction Schedule F- 4 - Opted Timber Sale Road Requirements F- 5 - Contract Period and Renewal Option

SECTION H - SPECIAL CONTRACT REQUIREMENTS 11-18

Use of Premises H- 1 - Task Order Competition H- 2 - Task Order Process H- 3 - Task Order Evaluation H- 4 - Task Order Award and Administration H- 5 - Key Personnel H- 6 - Pre-work Conference H- 7 - Fire Control H- 8 - Loss, Damage, or Destruction

H- 9 - Incidental Payment Items H-10 - Conformity with Drawings and Specifications H-11 - Local Material Sources H-12 - Samples, Tests, Cited Specifications H-13 - Weed Free Equipment H-14 - Barricades, Warning Signs, and Other Devices H-15 - Past Performance Reporting H-16 - State of Idaho’s Notice to Offeror

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 19-29

I- 1 - Clauses Incorporated by Reference I- 2 - Central Contractor Registration I- 3 - Ordering I- 4 - Order Limitations I- 5 - Indefinite Quantity I- 6 - Option to Extend the Term of the Contract I- 7 - Notice of Buy American Act Requirement - Construction Materials I- 8 - Alternative Payment Protections I- 9 - Performance and Payment Bonds - Construction I-10 - Alternative Forms of Security I-11 - Insurance Coverage I-12 - Order of Precedence - Construction I-13 - Landscape Preservation

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 30

J- 1 - Past Performance Inquiry Form (Attachment A) J- 2 - Wage Rate Decisions (Attachment A) J- 3 - Example Project (Attachment B)

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER 31-34

STATEMENTS OF OFFERORS AND RESPONDENTS

Biobased Product Certification Recovered Material Certification K- 1 - Annual Representations and Certifications K- 2 - Buy American Act – Construction Materials

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 35-38

AND RESPONDENTS

Instructions to Offerors – Competitive Acquisition Single or Multiple Awards L- 1 - Inquiries

L- 2 - Instructions for the Preparation of Technical and Business Proposals L- 3 - Amendments to Proposals L- 4 - Type of Contract L- 5 - Service of Protest L- 6 - Preparation of Proposals – Construction L- 7 - Pre-Bid/Pre-Proposal Conference

SECTION M - EVALUATION FACTORS FOR AWARD 39

M- 1 - Evaluation Criteria M- 2 - Award Statement M- 3 - Evaluation Exclusive of Options

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-03R6-S-08-0027A

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

12/31/2008

PAGE OF PAGES

1 39

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA, Forest Service

Building 24, Fort Missoula Missoula, MT 59804

USDA, Forest Service

Building 24, Fort Missoula Missoula, MT 59804

9. FOR INFORMATION

CALL:

a. NAME Sue Beron

b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(406) 329-3769

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

IDIQ for Road Construction Services Forest Service Northern Region

Northern Idaho, Montana, North Dakota, and NW Corner of South Dakota

Price Range – See Section C

11. The Contractor shall begin performance within 10 calendar days and complete it as required by the task order.

This performance period is mandatory, negotiable. (See Section F, Clause 52.211-10)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12b.)

YES As required on the Task Order NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and * copies to perform the work required are due at the place specified in Item 8 by 4:00 pm local time 2/4/2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required. (If “is required” see AGAR Clause 452.228-70)

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

Duns No. ____________________________

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

USDA – Forest Service IDIQ CO will administer parent contracts;

Task Orders will be administered by the Contracting Officer issuing the order

Submit invoice as instructed by the Contracting Officer issuing each Task Order

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85

IDIQ Road Construction Services/Northern Region

SECTION B - SUPPLIES OR SERVICES AND PRICES

Forest Service - Northern Region

Northern Idaho, Montana, North Dakota, and NW Corner of South Dakota

B- 1 Schedule of Items

A Schedule of Items will be provided for each Task Order issued against Contract(s) awarded under this Solicitation. Prices will be requested competitively in accordance with Ordering Process in Section H.

B- 2 Bonding

Payment for bond premiums in accordance with FAR Clause 52.232-5, Payment Under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Therefore any prices offered for a Task Order shall include bonding costs in Mobilization or Overhead.

B- 3 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) - See Section C

B- 4 Identification of Contractor’s Availability and Interest

Contracts awarded under this solicitation will cover a range of road, bridge, and culvert construction projects throughout the Northern Region. As this is a broad geographical area, the following matrix will be used to determine Contractor’s interest in competing or performing projects. Place a “check” or “Y” in the block if interested in competing for the various types of work in each area.

Note: The intent of this table is to keep mobilization costs reasonable and to streamline the competitive process in a fair manner. Proposal shall support that the Offeror has performed work in a similar geographic range in the past.

TYPE OF

WORK

NORTHERN

IDAHO

NORTHWEST

MONTANA

SOUTHWEST

MONTANA

EASTERN

MONTANA

THE

DAKOTAS

Road Bridge Culverts and Aquatic Passages

Road Decommissioning

Trail Bridges

Northern Idaho = Nez Perce, Clearwater, and Idaho Panhandle National Forests Northwestern Montana = Kootenai and Flathead National Forests Southwestern Montana = Lolo, Bitterroot, and Beaverhead-Deer Lodge National Forests Eastern Montana = Helena, Lewis and Clark, Gallatin, and Custer (Montana portion) National Forests The Dakotas = Custer (North or South Dakota portion) National Forest and the Dakota Prairie Grassland

B- 5 Ordering Officials

Any Forest Service Northern Region Contracting Officer holding a Construction Warrant is hereby authorized to issue task orders so long as the project area is within Northern Region of the Forest Service.

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Contract

The Government intends to make multiple awards of Indefinite Delivery Indefinite Quantity Contracts for road construction and related services. Work may be performed at any location within the Northern Region of the Forest Service. Work includes general road, bridge, and structure work on Forest Service roads throughout the Region.

• Road: Work includes repair and construction of native surface, gravel or paved roads; and road repair and reconstruction due to damage from human or natural causes.

• Road decommissioning: Work includes de-compaction, partial or full re-contour to restore the roadway to a hydrological stable condition; removal of drainage structures and associated fill to restore site to natural contour; work may include excavation of stream channels without drainage structures; installation of gradient control devices in channels or sediment basins; seeding, fertilizing and mulching; and the construction of waterbars.

• Bridge: Work includes repair and construction of steel, concrete, and timber road bridges;

reconstruction of approaches; and related stream work within the project area.

• Trail bridges located at trailheads readily accessible by conventional road building equipment.

Work includes construction or reconstruction of bridge. Site will be accessible from National Forest system or other public roads.

• Culverts, Aquatic Passage Structures, and Ancillary Structures: Work includes road structures for aquatic passages, bottomless arches, small bridges, retaining walls, and cattle guards that are part of National Forest roads.

• Related work includes signs; guardrails; closure devices such as gates, cattle guards, fences;

stream grade; alignment control; and scour protection.

• Maintenance, stream work, or campground work that is associated with but secondary to the primary work is included. Examples are maintaining roads in the project area to prevent rutting, dust control, maintaining drain structures, road and spur improvements in campground, and restoring stream channel within the project area.

Samples of work excluded from the solicitation and any resulting contract are projects where the primary purpose is general road maintenance that is not part of the construction. Examples are contracts specifically for ditch or culvert cleaning, brushing, dust abatement, or road blading; mine reclamation;

stream restoration; campground reconstruction; trail construction; gravel crushing or crush and placement of gravel.

C- 2 Project Location

Each Task Order will identify a project specific location. Work may be performed at any location within the boundaries of Northern Region of the Forest Service. Northern Region encompasses Northern Idaho, Montana, North Dakota, and NW Corner of South Dakota.

C- 3 Price Range and Contract Minimum/Maximums

The following outlines the estimated value of each contract award and the minimum guarantee for each contract award. These are separate and distinct measurements which are applied separately. The Price

Range is the Government’s estimate of how much work may be ordered against each contract; while the minimum contract amount is a requirement for the Government to order at least the stated amount.

C- 3-1 Price Range

The annual award value for each award is estimated to be $500,000 - $1 Million. No award shall exceed $5 million over the life of the contract (Base Period plus 4 Option Periods).

C- 3-2 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $2,000 per award, per contract period (year) but not in excess of $5 Million over the life of each award.

The Minimum Guarantee will require Contractor to attend a Business Meeting held at the beginning of each contract period. The initial meeting will cover the contract awards, process used for ordering, contact numbers for concerns arising under the contract, etc. Business Meetings held on subsequent contract periods will go over any changes included in the contract renewal, review the ordering process, and to discuss any concerns that may have arose during the previous contract period.

C- 4 Pre-proposal Meetings

• Coeur d’Alene, Idaho – 1/20/09 10 a.m. PST, at Idaho Panhandle NF’s Supervisor’s Office, 3815 Schreiber Way, Grizzley Conference Room.

• Missoula, Montana – 1/21/09 10 a.m. MST, at Missoula Technology & Development Center, 5785 West Broadway, (aka 5785 Hwy 10 West); park in back of MTDC building and follow the signs to the meeting room.

• Bozeman, Montana – 1/22/09 11 a.m. MST, at Gallatin NF Supervisor’s Office, 10 E. Babcock Room 243; check in at front desk on 3rd floor.

Interested parties only need to attend one of the meetings as the agenda will be the same. Please send only 1-2 representatives to the meeting as space may be limited at some locations. Meetings will last approximately 2 hours each. Notes and a list of attendees will be published as an amendment approximately 1/26/09.

C- 5 Site Visit

If a formal site visit is planned before a Task Order Price Request is due, it will be noted in the request.

This information will include the date, time, and meeting place for the site visit as well as any instruction regarding RSVP, types of vehicle that may be necessary for traversing the area, name and phone number of Government contact.

If no formal site visit is planned before a Task Order Price Request is due, a local contact name and phone number will be provided.

C- 6 Start Work and Period of Performance

The estimated start work date and completion schedule will be identified on each Task Order Price Request. Unless otherwise agreed, this schedule will be the contract time for the Task Order.

The IDIQ Contract Periods will be:

Base = Award – 1/31/2010 Option 1 = 2/1/2010 – 1/31/2011 Option 2 = 2/1/2011 – 1/31/2012 Option 3 = 2/1/2012 – 1/31/2013 Option 4 = 2/1/2013 – 1/31/2014

C- 7 Government-Furnished Property

Any property that will be furnished by the Government will be identified on the Task Order Price Request.

C- 8 Standard Specifications

"Standard Specifications for Construction of Roads & Bridges of Federal Highway Projects" (FP-03, U.S.

Customary Units) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

Copies of the "Standard Specifications for Construction of Roads & Bridges on Federal Highway Projects", (FP-03, U.S. Customary Unit), are available from the SUPERINTENDENT OF

DOCUMENTS, U.S. GOVERNMENT PRINTING OFFICE, P.O. BOX 371954, PITTSBURGH, PA

15250-7954. The stock number to order is SN001-001-00660-2. Call (202) 512-1800 for the current price and to place telephone orders. You can FAX orders to (202) 512-2250. Credit card orders will be accepted.

Electronic versions of the "Standard Specifications for Construction of Roads & Bridges on Federal Highway Projects" FP-03, U.S. Customary Unit, are available on the U.S. DEPARTMENT OF TRANSPORTATION Federal Highways Administration at http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

C- 9 Project Specifications – Including Standard and Supplemental Project Specifications

The Task Order Price Request will include a list of all Standard Specifications and a copy of any Supplemental Project Specifications that directly apply to the Task Order. If specifications other than FP- 03 are required they will be identified and provided with the Task Order.

C- 10 Drawings

Drawings will be provided with the Task Order Price Request.

Project drawings may be provided electronically on FedBizOps. If provided in this manner, the drawings may require Autodesk Design Review to view or print. This free viewer is available for download at http://usa.autodesk.com.

http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm http://usa.autodesk.com/

SECTION E - INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work (APR 1984)

F- 1 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) If applicable to the Task Order, the Contracting Officer will provide information to complete the Clause.

The Contractor shall be required to (a) commence work under this contract within *____ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than *____. The time stated for completion shall include final cleanup of the premises.

F- 2 FAR 52.236-1 Performance of Work by the Contractor (APR 1984) If applicable to the Task Order, the Contracting Officer will provide information to complete the Clause.

The Contractor shall perform on the site, and with its own organization, work equivalent to at least _______ percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

F- 3 AGAR 452.236-75 Maximum Workweek--Construction Schedule (NOV 1996) If applicable to the Task Order, the Contracting Officer will provide information to complete the Clause.

Within ______ calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is *_________.

F- 4 AGAR 452.236-79 Opted Timber Sale Road Requirements (NOV 1996) If applicable to the Task Order, the Contracting Officer will provide information to complete the Clause.

This contract is for the construction of timber sale road(s), which a timber purchaser has opted to have the Government construct. The Government is obligated to make these roads available to the timber purchaser by *_________________. Failure to make these roads available by this date could result in Government liability for delay to the timber purchaser for which the Contractor might become liable should the Contractor fail to complete this contract within the specified and allowed contract time.

F- 5 Contract Period and Renewal Option

The contract period shall extend for one calendar year from the date of award. However, at the option of the Government, the contract may be renewed for additional one year periods, not to exceed four renewal periods, provided the Contracting Officer serves notice of renewal at least 60 days prior to contract expiration.

Prior to exercise of an option the Contracting Officer will make a determination based on the Government’s need for these services, funding availability, and satisfactory performance of contractors on previous task orders. This determination may result in some or all contracts not being renewed.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

452.236-72 Use of Premises (NOV 1996)

H- 1 Task Order Competition

Contractors will be provided a fair opportunity to compete on Task Orders. The Issuing Contracting Officer will identify the extent of competition necessary for each Task Order using the following guidelines:

• Using the Matrix, identify Contractors interested in type of work and geographical area;

• Phone or Email interested Contractors to determine availability to meet delivery;

• Past Performance on prior Task Order;

• Bonding Capacity;

• Impact to other contracts already awarded;

• Socio-economic goals for the Zone that have not been met;

• Task Orders estimated to be under the Simplified Acquisition Threshold ($100,000) may be competed among local Contractors (consider costs for mobilization, delivery of materials, etc).

Contracting Officer may place an order on a sole source basis when:

• Work is urgent and the time necessary to provide fair opportunity would result in unacceptable delay;

• Work is unique or highly specialized; only one Contractor can provide the service;

• In the interest of economy and efficiency, the work is a logical follow-on to an order already competed; or

• Order is necessary to meet minimum award obligation;

If the Contractor believes it was not fairly considered for a particular Task Order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the Ombudsman who is the Head of the Contracting Activity. The Ombudsman will review the Contractor’s complaint and in coordination with the Contracting Officer, ensure that the Contractor was afforded a fair opportunity to be considered for the Task Order.

H- 2 Task Order Process

Initiation of Process: Projects will be identified on an as-needed basis. Task Order requests will be initiated from the Forest by submitting a Statement of Work, an Independent Government Cost Estimate, drawings, and specifications to the appropriate Acquisition Zone. The Contracting Officer will prepare an abbreviated solicitation package. Wages, clauses, and contract terms are in the IDIQ Contract, so the solicitation shall contain only the information specific to the Task Order. Using the Guidelines in Section H, the Contracting Officer will request pricing from the appropriate number of Contractors.

Alternate proposals will not be considered unless this solicitation authorizes their submission.

H- 3 Task Order Evaluation

To the fullest extent possible, evaluation of Task Orders should be limited to price; price related factors;

delivery; bio-based or bio-preferred products; green purchasing considerations; and past performance on previous task orders under this contract.

H- 4 Task Order Award and Administration

The Issuing Contracting Officer will award the Task Order and provide a copy to the IDIQ Contract Contracting Officer for maintenance of the contract and monitoring contract totals.

Contractor performance evaluations are required on every TO issued. The Task Order COR, with input from the Forest/Grassland Engineer, shall complete an evaluation of the Contractor’s performance on individual task orders and forward a copy to the IDIQ Contract Contracting Officer for filing with the basic contract.

H- 5 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

• Negotiator

• Individual with Authority to Obligate the Company in a contract

• Project Manager

• Superintendent

• Quality Control Officer

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H- 6 Pre-work Conference

After award and prior to the first Task Order being issued the Contracting Officer will arrange a meeting with the Contractor(s) to discuss the IDIQ Contract. This meeting may be held in conjunction with other awarded Contractors. A general overview of the IDIQ Contract, the ordering process, and wage and payroll requirements will be covered. Exchange of key contact information will be traded at this meeting so that the information can be posted on an award summary that may be utilized by Engineering and Contract personnel in the selection of Task Order Contractors.

After award of a Task Order, the Task Order Contracting Officer may require a pre-work conference to review the requirements specifically relating to the project. At this meeting such things as work progress schedule, and fire prevention and suppression plans, authorities of the parties, invoicing, and any specifications or clauses activated for the Task Order will be discussed.

H- 7 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 the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the 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 the Contractor’s 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. If applicable to the Task Order, the Contracting Officer will state so in the Task Order Request. The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least ¾-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure. Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, and additional 250 feet of 3/4 –inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided. If a trailer is used, a serviceable vehicle with proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer.

Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

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

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

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

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

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

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

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

H- 8 Loss, Damage, or Destruction

(a) 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 will be submitted to the Contracting Officer.

H- 9 Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H- 10 Conformity With Drawings and Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H- 11 Local Material Sources

(a) Designated Sources--Sources of local materials will be designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads. Any Contractor royalty payment requirements will be stated below.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with the Differing Site Conditions and Changes clauses.

(b) Contractor-Furnished Sources--When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor-furnished source material result in financial disadvantage to the Government. Quality testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

H-12 Samples, Tests, Cited Specifications

Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

H-13 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 construction 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 construction 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 construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

H-14 Barricades, Warning Signs, and Other Devices

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H-15 Past Performance Reporting

One of the tools that will be used in determining task order award, and contract renewal will be satisfactory past performance. This system uses a standard format to evaluate performance, allows the Contractor to respond to the performance evaluation, and once finalized is available for any of the using Agencies to access the evaluation data. For this reason I am encouraging contractors that perform this type of work, take the time to register in this program so that past performance can be captured in a consistent manner.

To register in this system go to: https://cpscontractor.nih.gov/ and follow the instructions. After registration is completed, the contractor will receive email notifications when performance information has been entered into the system. There will be a 30 day opportunity for the contractor to enter their own comments. Once that period has passed, the Contracting Officer will finalize the evaluation and post it to the system.

H-16 State of Idaho’s Notice to Offeror

Idaho Workers Compensation Law

(a) 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.

(b) 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:

North Idaho Southwest Idaho 1221 Ironwood Street, Suite 100 317 Main Street Coeur d'Alene, ID 83814 P.O. Box 83720

(208) 769-1565 Boise, ID 83720-0041 Fax No. (208) 769-1465 (208) 334-6032

(800) 950-2110 Fax No. (208) 334-5145 Southeast Idaho 1070 Hiline, Suite 300 Pocatello, ID 83201

(208) 236-6366 Fax No. (208) 236-6040

(c) 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.

https://cpscontractor.nih.gov/

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 1 FAR 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): www.arnet.gov/far/ and the Agriculture Acquisition Regulation may be accessed at www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JULY 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN

1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEPT 2007) 52.203-13 Contractor Code of Business Ethics and Conduct (DEC 2008) 52.203-14 Display of Hotline Poster(s) (DEC 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEPT 2006) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records - Negotiation (JUNE 1999) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-9 Small Business Subcontracting Plan (APR 2008) *(>$550,000 (>$1 million for construction of public facility)); do not use if set aside for small business or 8(a); see FAR 19.708(b))

52.219-16 Liquidated Damages--Subcontracting Plan (JAN 1999) 52.219-28 Post Award Small Business Program Representation (JUNE 2007) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards Act--Overtime Compensation (JULY 2005) 52.222-5 Davis-Bacon Act – Secondary Site of Work (JULY 2005) 52.222-6 Davis-Bacon Act (JULY 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JULY 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) http://www.arnet.gov/far/

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) = Goals for Minority: 2.7% and Goals for Female Participation: 6.9%

52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans (SEPT 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUNE 1998) 52.222-37 Employment…