s090028A_complete_solicitation_pkg.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. RFP AG-03R6-S-09-0028A HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO OFFEROR

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.

FS-6300-45 (11/79)

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

Restoration of Disturbed Sites

Bitterroot, Flathead, and Lolo National Forests

SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 700) 1 31 PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

SEALED BID (IFB) NUMBER

AG-03R6-S-09-0028A NEGOTIATED (RFP) 7/15/09

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

USDA – Forest Service Western Montana Acquisition Zone Building 24, Fort Missoula Missoula, MT 59804

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

SOLICITATION

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Building 24, Fort Missoula, Missoula, MT 59804 until 4:00 pm local time 8/13/09 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

A. NAME

B. TELEPHONE NO. (NO COLLECT

CALLS)Area Code/Number/Extension

C. E-MAIL ADDRESS

CALL: Sue Beron (406) 329-3769 sberon@fs.fed.us

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 8

X B SUPPLIES OR SERVICES AND PRICES 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 6 X J LIST OF ATTACHMENTS 1

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 1 K REPRESENTATIONS, CERTIFICATIONS AND

X F DELIVERIES OR PERFORMANCE 1

X OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 1 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 3

X H SPECIAL CONTRACT REQUIREMENTS 2 X M EVALUATION FACTORS FOR AWARD 1

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated):

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN 15A. NAME AND ADDRESS OF OFFEROR

TIN:___________

DUNS NO.: _______________

OFFER (Type or Print)

15C. Check if remittance address is different from above – enter

15B. TELEPHONE NO. (Include area code and extension) such address in Schedule.

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

Submit invoice to COR for the work performed. Invoice will be reviewed and approved or rejected by the COR within 7 days of receipt of the invoice. Rejected invoices must be corrected and resubmitted. COR will forward the approved invoice to the CO who will submit to: USDA, OCFO, COD, APB, PO Box 60075, New Orleans, LA 70160

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

AG-03R6-S-09-0028A

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Bitterroot, Lolo, and Flathead National Forests Ravalli, Missoula, Sanders, Mineral, Lake and Flathead Counties, Montana

The following are projects planned for this Fiscal Year. Offerors shall provide pricing, technical approach, schedule, staffing, and equipment to be used for Projects 1.2; .1.5; and 1.7. The information provided for these projects will be used in evaluation of the Offeror’s Business Proposal.

The Government intends to award as many projects as funds will allow. Projects selected for award will be based on priority of work determined by the Government, number of contracts awarded, price, and price reasonableness.

ITEM PROJECT LOCATION DESCRIPTION OF WORK

UNIT OF

MEASURE PRICE

1.1 Upper Nine Mile Creek

9 Mile RD

Install boulder barricade on approximately 425 LF of trail Scarifying 8500 SF at least 2” deep, mulch, and seed Sloughing in of mud bog ruts - 200 LF Install 4 treated 4x4 sign posts

LS $________

1.2 Albert Creek 9 Mile RD The Offeror shall propose an appropriate prescription. LS $________

1.3 Houle Creek 9 Mile RD

Scarify trails 2” deep, mulch, and seed approximately 5000 SF Install 25 treated 4x4 posts

LS $________

1.4 Hemlock Mountain

Superior

RD

Install 8 boulder barricades Treat .63 miles for Noxious weeds Transplant 25, 3-7 foot trees Scarify and seed approximately .63 mile of road Install 4 treated 4x4 posts Install road closure gate Remove 1 old road closure

LS $________

1.5 Copper Ridge

Superior

RD

The Offeror shall propose an appropriate prescription. LS $________

1.6 Deer Creek

Superior

RD

Install boulders at each access point; approximately 20 Treat 8800 SF for Noxious weeds Transplant 10, 3-7 foot trees Scarify and seed 8800 SF Install 3 treated 4x4 posts

LS $________

1.7 Packer Creek

Superior

RD

The Offeror shall propose an appropriate prescription. LS $________

1.8 Meadow Mountain

Superior Rd

Install 7 boulder barricades Treat 3500 SF for Noxious weeds Transplant 8 trees Scarify and seed 3500 SF Install 2 treated 4x4 posts Install 10 drainage dips

LS $________

1.9 Miller Creek

Missoula

RD

Scarify, seed, mulch, and slash 9000 SF of road Scarify, seed and slash 5000 SF of trail Restore 400 LF stream channel Rehab 3 unauthorized stream channel trail crossings Install 29 boulder barricades Move 1 vehicle parking area Install 4 treated 4X4 posts

LS $________

1.10 Swartz Creek

Missoula

RD

Install 15 boulder barricades Scarify, seed, and mulch .5 acres

LS $________

B- 1 Schedule of Items

The above prices are for these projects only. Prices for future projects will be negotiated for each order.

See Section G for how selection will be made and orders placed.

Offeror shall submit pricing for at least 5 items, including Items 1.2; 1.5; and 1.7. Failure to submit a proposal and pricing for Items 1.2, 1.5, and 1.7 may render the offer non-responsive. If determined to be non-responsive, no evaluation of proposal will be done.

See Sections L and M for preparation of technical and business proposal, and for evaluation criteria.

B- 2 Basis of Award

The Government intends to award a minimum of one contract, however multiple awards may be considered.

B- 3 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 a minimum of one order per award but not in excess of $5 Million for all awards over life of the contract(s).

B- 4 Authorized Users

Any warranted procurement official supporting the Western Montana Acquisition Zone may place orders against the awarded contracts.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C- 1 Scope of Contract

This contract requires restoration services and related work for disturbed sites located on the Bitterroot, Lolo, or Flathead National Forests. Contractor shall provide services on a task order basis, which is in compliance with terms and provisions of the contract.

Each Task Order will specify the location(s) work will be performed. The content of each Task Order will vary as to the amount of specifications. The Government may provide specific prescription, specification, method of work, and timelines; or request the selected Contractor to develop the specification, method of work, and timeline for the location.

This work is being solicited as a performance-based service contract. Performance-based means the Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment will be made. Adjustments are outlined in the Performance Based Quality Assurance Table.

Restoration services may include reshaping of terrain by use of medium- to small-sized equipment;

slashing and filling, or general obliteration of areas to promote restoration and deter additional damage;

rock and stream work; slash, filter, or silt fencing for erosion control; plant and tree transplant, may require the use of a tree spade or other equipment capable of transplanting vegetation; topsoil, mulch, and seeding; spot weed treatment; and the installation of signs or temporary barricades. Services may be used for restoration caused by a wide variety of situations including areas impacted by Forest users, the elements, or burned area emergency restoration.

C- 2 Location and Description

Work may be ordered for any location on Bitterroot, Lolo, or Flathead National Forest Lands.

C- 3 Government-Furnished Property

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

Description ___________________________________ (Completed for each Task Order) Quantity _____________________________________ Delivery Date _________________________________

C- 4 Government Quality Assurance

Quality assurance will be performed by the Government during the contract at regular intervals. Methods may include visual survey and review of Contractor quality control documents. Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction.

C- 5 Contractor Quality Control

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

Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

A description of the site specific quality control inspection plan shall be provided within thirty (30) days of contract award. The plan shall include; (1) control procedures for security of Government-provided items such as keys, and lock combinations; (2) location of the inspection documents; (3) corrective or preventive actions that will be taken to meet quality standards; and (4) a customer comments feedback system.

C- 6 Technical Specifications

General Specifications

Specifications will vary between sites. The Government will provide the site locations, maps, pictures, and general description of treatment for each site. The selected Contractor shall visit site(s) and develop a proposal based on the information provided. In some instances, sites may be in restricted areas that require Government escort; in such instances the site visit will be coordinated with Government.

Task Order negotiation shall include price per site, mobilization from point of hire to first site, mobilization between sites, subcontracted tasks, materials, labor, equipment, supervision, transportation, operating supplies, and incidentals.

Travel on public roads shall remain open unless stated otherwise in the task order or approved by CO.

Contractor shall maintain adequate signing and barricade during performance of work to ensure safety of public and all third parties.

All materials shall be certified as weed seed free.

Contractor-furnished materials will be paid as negotiated into task order price. Proposed price for materials shall be documented with quotes or catalog pricing and reflect any Contractor discounts offered.

Treatment of Weeds

Application of chemicals for the treatment of weeds only shall be performed by applicators licensed by the State of Montana. Contractor shall specify the weed treatment planned when submitting price for each Order. The Contractor shall obtain approval of the treatment from the Contracting Officer before application begins. Contractor shall comply with all local, state, and federal laws and regulation pertaining to herbicide application.

Equipment Washing

The Contractor shall clean all equipment that operates off existing roads prior to entry on the project area.

This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only equipment inspected by the Contracting Officer (CO) will be allowed to operate within the project area. All subsequent move-ins of equipment shall be treated the same as the initial move-in.

Boulder and Boulder Barricades

Boulders shall be at least 10 cubic feet in size. When placed, bury boulder 1/3 its size. Where multiple boulders are used to function as a barricade the width between them shall be no wider than 45 inches.

Tree Transplant

Tree transplanting may be specified as part of re-establishing vegetative cover. The Government will select trees from the surrounding project area, and the Contractor shall be responsible for transplanting.

Normally the trees to be transplanted will be in the 3-7 feet tall range. Contractor shall groom the area in which transplanted trees were taken from.

Road Closures Gates

Refer to Attached schematic drawing for specifications.

Obliteration

The Government may reference obliteration of disturbed area using the following descriptions. If used, the level of obliteration will be noted in the Task Order.

LEVEL

DEVICE

MITIGATION

1 Gate Blade, seed, fertilize.

Normal drainage.

Treat noxious weeds (if required)

2 Gate, guardrail, concrete or earth barrier, or recontour at access point

Install or improve drainage with waterbars, or outslope.

Scarify 2-3 inches, seed and fertilize.

May scatter slash.

Treat noxious weeds (if required)

3 Recontour at access point, or install rock or earth barrier

Waterbar or intermittent outslope.

Rip 6-12 inches, seed and fertilize.

May scatter slash.

Treat noxious weeds (if required)

Provide short-term sediment buffering (straw bales, coconut mats, etc.) at stream crossing-road recontour interfaces.

Seeding, Mulching, and Fertilizing

For Contractor furnished seed, one of the following seed mixes shall be used. Each Order will define which mix is appropriate for the area. If no definition is stated, then any of the following will be acceptable.

Soil Preparation

Compacted soil shall be scarified prior to reseeding. Heavily compacted sub-soil shall be de-compacted using equipment suitable for the terrain, degree of compaction, and size of area being treated. Scarify a depth of 2-4 inches or as specified on the order.

Seeding Application

Seed immediately following disturbance or final seedbed preparation (REGARDLESS OF THE TIME OF YEAR) to a depth of no more than ¼ to ½ inch deep.

Suspend seed application work during extremely rainy or windy conditions. Broadcast seeding on and over snow is recommended if the ground is snow covered.

Species and application rates are listed in the four seed mixture tables in terms of Pure Live Seed (PLS) based on site conditions for broadcast seeding. Species characteristics are outlined in Appendix A.

Seed Certification

Certified, blue-tagged seed shall be used where a name variety or cultivar is specified.

All seed purchased shall be certified free of seeds from weeds listed on the current "All States Noxious Weeds List."

The origin of Wildland native seeds shall be verified by a certification of the Source Identified

Class with an attached yellow tag.

Fertilizer Application

Do not fertilize at the time of seeding, especially if noxious weeds are present. Fertilizer should only be applied after vegetation establishment.

Fertilize at a rate of 100-200 pounds per acre depending on site conditions and fertility. A time released fertilizer is preferable.

Mulch Application

Vegetative mulch shall be applied to all seeding areas when stated as part of the work on the Order. Uniformly apply mulch after seeding. Mulch material shall be certified weed free (tagged twine).

Wood cellulose fiber or paper mulch may be applied by hydraulic equipment with water as the carrying agent if approved by the Contracting Officer. Continuous agitation of the mulch shall be maintained to provide uniform suspension and distribution of the material. Application on slopes should work downward from the top to the toe of the slope. Application rate should be 2,000 pounds/acre.

Commercially available tackifiers can be used as mulch binders. Application should be evenly distributed over the revegetation site. Refer to manufacturer’s product guidelines for recommended uses, application methods and rates.

Seed Mix A: Dry warm and relatively dry cool sites (Native and introduced species) Low to mid elevation sites with a high susceptibility to noxious weed invasion. All aspects at low to mid-elevations and south and west-facing aspects at higher elevations. Moisture and temperature conditions may vary by aspect but are subjected to dry or droughty periods.

Generally, Douglas-Fir and Ponderosa Pine habitat types with a bunchgrass understory component. Most competitive Lolo mix for weedy, dry and or harsh sites.

Species Pounds PLS per Acre Annual Ryegrass (I) Lolium multiflorum 4 Mountain Brome (N) Bromus marginatis (Bromar) 4 Sheep Fescue (I) Festuca ovina (Covar) 6 Thickspike Wheatgrass (N) Elymus lanceolatus (Critana) 4 Pubsecent Wheatgrass (I) Agropyron intermedium (Manska, Luna) 5 Slender Wheatgrass (N) Elymus trachycaulus (Pryor) 9 Total 32*

Seed Mix B: Moist cooler to cold sites (Native and introduced species) Mid to high elevation slopes that tend to be non-droughty. North and east facing slopes on mid-elevation sites and all aspects at higher elevations. Grand Fir, Sub-Alpine Fir, Western Cedar and Western Hemlock habitat types.

Species Pounds PLS per Acre Annual Ryegrass (I) Lolium multiflorum 6 Mountain Brome (N) Bromus marginatis (Bromar) 5 Sheep Fescue (I)Festuca ovina (Covar) 5 Redtop (N) Agrostic alba (Streaker) 2 Tufted Hairgrass (N) Deschampsia caespitosa (Nortran) 2 Big Bluegrass (N) Poa ampla (Sherman) 5 Total 25*

*Minimum seeding rates: When broadcast seeding on crusted soils, harsh sites or in competition with noxious weeds, higher seeding rates (80+ seeds/ft²) are recommended.

Seed Mix C: Dry warm Sites ((NATIVE with short –lived, quick establishing introduced nurse species) Typically lower elevation sites with winter range potential, south and west aspects that have longer growing seasons. Sites have a high potential for noxious weed invasion and tend to be somewhat to very droughty.

Species Pounds PLS per Acre Annual Ryegrass (I) Lolium multiflorum 4 Mountain Brome (N) Bromus marginatis (Bromar) 4 Bluebunch Wheatgrass (N) Psuedoroegneria spicata (Secar) 5 Rough Fescue (N) Festuca scabrella 3 Idaho Fescue (N) Festuca idahoensis (Joseph) 3 Slender Wheatgrass (N) Elymus trachycaulus (Pryor) 5 Prairie Junegrass (N) Koeleria macrantha (crastad) 1 Total 25*

Seed Mix D: Relatively dry-moist to cool sites and cool-cold moist sites (NATIVE with short –lived, quick establishing introduced nurse species) Mid to Higher elevation sites that have a wide range of moisture and temperature conditions with shorter growing seasons.

Species Pounds PLS per Acre Annual Ryegrass (I) Lolium multiflorum 4 Mountain Brome (N) Bromus marginatis (Bromar) 5 Blue Wildrye (N) Elymus glaucus 4 Tufted Hairgrass (N) Deschampsia caespitosa (Nortran) 2 Big Bluegrass (N) Poa ampla (Sherman) 5 Slender Wheatgrass (N) Elymus trachycaulus (Pryor) 5 Total 25*

*Minimum seeding rates: When broadcast seeding on crusted soils, harsh sites or in competition with noxious weeds, higher seeding rates (80+ seeds/ ft²) are recommended.

SECTION E - INSPECTION AND ACCEPTANCE

E- 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

52.246-4 Inspection of Services - Fixed-Price (AUG 1996)

E- 2 Quality Assurance Inspections

In addition to Inspection of Services the Government may perform periodic review of the Contractor's Quality Control Procedures, Inspection Reports, etc.

Work that does not meet the contract requirements will be brought to the Contractor's attention.

Repetitive or continuous failure to meet contract requirements may result in a quality adjustment to payment or the Contractor's right to proceed may be terminated (see table)

Performance Based Quality Assurance Table

Task Minimum Acceptable Level

Adjustment for Non- Compliance

Adjustment for Non- Compliance (multiple)

Compliance with statement of work including timely delivery.

95% Lose place in Rotation. Default

Provide weed seed free materials.

100% Stop work until corrected w/o adjustment in contract time;

lose place in rotation; treat area for weeds at no cost to Government.

Management of operation to minimize landscape defacement and prevent erosion of soils, silting, and muddying of streams, rivers, irrigation systems, and impoundments.

100% Stop work until corrected w/o adjustment in contract time;

lose place in rotation; require cleanup of site at no cost to Government.

http://www.arnet.gov/far/

SECTION F - DELIVERIES OR PERFORMANCE

F- 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

52.242-15 Stop Work Order (AUG 1989)

F- 2 Contract Period and Renewal Option

The initial contract period shall extend from the date of award through March 31, 2010. However, at the option of the Government, the contract may be renewed for additional 1-year periods, not to exceed two renewal periods, provided the Contracting Officer serves notice of renewal at least 60 days prior to contract expiration.

F- 3 AGAR 452.211-75 Effective Period of Contract (FEB 1988)

The effective period of this contract is:

Base Period: Award – 3/31/2010 Option Year 1: 4/1/2010 – 3/31/2011 Option Year 2: 4/1/2011 - 3/31/2012

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1 Measurement and Payment

All Task Orders will be negotiated for a lump sum amount. Payment will be made at end of project unless otherwise agreed.

PLACEMENT OF TASK ORDER

Task orders will be awarded based on location of Contractor in relationship to the worksite unless there are special qualifications or equipment requirements for the project.

If multiple worksites are included on a Task Order, selection will be based on Contractor located closest overall considering all sites identified.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 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): http://www.arnet.gov/far/ and the

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

H- 2 AGAR 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 fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.

The following is added:

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.

H- 3 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.

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

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) 52.204-4 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) 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (JUNE 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (JULY 2005) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 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 Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and

Other Eligible Veterans (SEPT 2006) 52.222-41 Service Contract Act of 1965 (NOV 2007) 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and

Option Contracts) (NOV 2006) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-6 Drug-Free Workplace (MAY 2001) 52.224-1 Privacy Act Notification (APR 1984) 52.225-1 Buy American Act - Supplies (FEB 2009) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-1 Payments (APR 1984)

52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-11 Extras (APR 1984) 52.232-17 Interest (OCT 2008) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2008) 52.233-1 Disputes (JULY 2002) Alternate I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-13 Bankruptcy (JULY 1995) 52.243-1 Changes - Fixed-Price (AUG 1987) Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

I- 2 FAR 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the CCR database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”.

The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

http://fedgov.dnb.com/webform

(g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I- 3 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held in Missoula, Montana.

I- 4 FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from award through 3/31/2012.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

I- 5 FAR 52.216-19 Order Limitations (OCT 1995)

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

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

(1) Any order for a single item in excess of $50,000;

(2) Any order for a combination of items in excess of $200,000; or

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

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

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I- 6 FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates, provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within contract period.

I- 7 FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

I- 8 FAR 52.219-28 Post-Award Small Business Program Rerepresentation (APR 2009)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

http://www.sba.gov/services/contractingopportunities/sizestandardstopics/

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it is, is not a small business concern under NAICS Code ______________ assigned to contract number ______________.

[Contractor to sign and date and insert authorized signer’s name and title].

I- 9 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class Monetary Wage--Fringe Benefits*

GS-342-6 $14.96 – 5.1%

GS-342-7 $16.63 – 5.1%

I-10 FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)

Funds are not presently available for performance under this contract beyond 9/30/2009. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 9/30/2009, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

I-11 FAR 52.236-7 Permits and Responsibilities (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

I-12 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 manmade 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.

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

SECTION J - LIST OF ATTACHMENTS

The following attachments are a part of this solicitation and any resulting contract (see separate document(s)).

J- 1 Wage Determination No. 1976-1342, (Rev. 39), dated 5/26/2009; 3 pages.

Wage Determination No. 2005-2317, (Rev. 8), dated 5/26/2009, 9 pages.

J- 2 Road Closure Gate Drawing

J- 3 Vicinity Map – All Projects

J- 4 Sample Projects 1.1 through 1.10

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

K- 1 FAR 52.204-8 Annual Representations and Certifications (FEB 2009)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 115310 – Support Activities for Forestry.

(2) The small business size standard is $7.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the clause at 52.204-7, Central…