AG-046W-S-09-0025A_road-maintenance-idiq.pdf

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

UNDER DPAS (15 CFR 700) 1 57 PAGES

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

SEALED BID (IFB) NUMBER Road Maintenance

IDIQ

(Small Business Set-aside)

AG-046W-S-09-0025A NEGOTIATED (RFP)

May 26, 2009 #285118

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7) Mt. Hood National Forest - NOCA 16400 Champion Way

Sandy, OR 97055

Same as Block 7

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

SOLICITATION

9. Sealed offers in original and 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 16400 Champion Way, Sandy

OR 97055

until 4:30 PM local time 6/25/2009

(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: Tonya Rymer (503) 668-1739 trymer@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 21-29

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 - 5 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 6 - 9 X J LIST OF ATTACHMENTS 30-43

X D PACKAGING AND MARKING 10 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E

INSPECTION AND ACCEPTANCE 11 K REPRESENTATIONS, CERTIFICATIONS AND

X F DELIVERIES OR PERFORMANCE 12

X

OTHER STATEMENTS OF OFFERORS

44-51

X G CONTRACT ADMINISTRATION DATA 13 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 52-53

X H SPECIAL CONTRACT REQUIREMENTS 14-20 X M EVALUATION FACTORS FOR AWARD 54-57

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

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

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)

Road Maintenance IDIQ AG-046W-S-09-0025A

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ITEM NO. SUPPLIES/SERVICES

EST.

QUANTITY

PAY

UNIT

UNIT

PRICE

AMOUNT

807(1)

807(2)

807(3)

807(4)

807(5)

807(6)

807(7)

807(9)

807(10)

807(11)

807(12)

807(13)

807(14)

807(15)

807(16)

807(____)

West Side Zone

Road Maintenance

Equipment Type, __________________

Equipment Type Excavator Include capacity under FAR52.212_2 “EVALUATION” subpart 2

Equipment Type, Backhoe

Equipment Type, Grader

Equipment Type, Crawler Tractor/Dozer

Equipment Type, Dump Truck

Equipment Type, Brush Cutter Describe other method under FAR52.212_2

Equipment Type, Roller

Equipment Type, Trailer

Equipment Type, Water Tender

Equipment Type, Chain Saw

Equipment Type, Self Loading Log Truck

Equipment Type, Skidder

Equipment Type, Low Boy

Equipment Type, Front End Loader

Duplicate Equipment ~ Enter Item Number

Equipment Type, ___________________

HR

NO.

SUPPLIES/SERVICES

East Side Zone

QUANTITY

PAY

UNIT

NO.

SUPPLIES/SERVICES

Northern Zone

Equipment Type, ___________________

Equipment Type, ___________________

QUANTITY

PAY

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 $1,000, but not in excess of $4,950,000.

Vendor Name: Phone

Signature: Fax

Address: Email

City, State, Zip: TIN#

Duns#

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The contractor shall provide any and all labor, equipment, tools, transportation and supplies necessary to perform Road Maintenance work. This work will be performed on the West Side Zone, East Side Zone and the Northern Zone of the Mt. Hood National Forest and the Columbia River Gorge National Scenic Area. Contract time will run continuously with no time discounted for weather or adverse fire conditions. The Performance Based Statement of Work shall consist of completing the ordered Tasks (Defined in Section J – Attachment 3) to the Acceptable Quality Level (AQL) required (Defined in Section J – Attachment 4). The awarded contract and task orders shall constitute the entire agreement including all terms and conditions applicable to the contract.

C.2 DESCRIPTION OF WORK

This project consists of ditch cleaning, culvert basin cleaning, hauling of excavated material, repair of damaged culvert ends, removal of brush from culvert ends, hazard and obstruction removal within the roadway, surface blading maintenance, roadway surface stabilization, roadway spot surfacing, drainage structure installation or replacement, road decommissioning, vegetation treatment and maintenance, maintenance of cattle guards, traffic gates, earth berms and guardrails, sign installation and maintenance, danger tree removal and the load, haul and placement of materials.

Contractor shall furnish all labor, material, equipment, tools, transportation and supplies, and perform all work required to maintain the facilities in accordance with drawings and specifications of the contract. The Contractor shall assume all risk, loss, damage, or expense arising out of prosecution of the work, except as otherwise provided in the contract.

Except for those items or services specifically stated to be furnished by the Government in Section G.2, the contractor shall furnish everything required to perform the work of this contract, task order, and/or attachment(s) to the Acceptable Quality Level indicated in said contract, task order, and/or attachment(s).

C.3 PROJECT LOCATION

The project area for the West Side Zone of the Mt. Hood National Forest and the Columbia River National Scenic Area are located in Multnomah, Clackamas, Marion, Jefferson and Wasco Counties of the State of Oregon. The West Side Zone is composed of the entire Clackamas River and Zig Zag Ranger Districts and the portion of the Columbia River Gorge National Scenic Area that lies within Multnomah County. The work area includes the entire West Side Zone.

The project area for the East Side Zone of the Mt. Hood National Forest and the Columbia River National Scenic Area are located in Hood River and Wasco Counties of the State of Oregon. The East Side Zone is composed of the entire Hood River and Barlow Ranger Districts and the portion of the Columbia River Gorge National Scenic Area that lies within Hood River and Wasco Counties. The work area includes the entire East Side Zone.

The project area for the Northern Zone of the Mt. Hood National Forest and the Columbia River National Scenic Area are located in Clark, Skamania and Klickitat Counties of the State of Washington. The Northern Zone is composed of the entire portion of the Columbia River Gorge National Scenic Area that lies within Clark, Skamania and Klickitat Counties. The work area includes the entire Northern Zone.

See the project vicinity map located in Section J. Roads within the areas to be treated shall be listed on individual task orders prior to commencement of any work.

C.4 MOTORIZED EQUIPMENT

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

C.5 EQUIPMENT CLEANING

In order to prevent the spread of noxious weeds, the contractor shall clean all construction equipment prior to moving it to the project area. This cleaning shall remove all soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds. Only construction and maintenance equipment and the equipment necessary to transport said equipment, so cleaned and inspected by the Forest Service, will be allowed to operate within the project area. All subsequent move-ins of equipment to the project area shall be treated in the same manner as the initial move-in. This requirement does not apply to service vehicles, water trucks, pickups, cars, and/or similar vehicles.

Contractor shall employ whatever cleaning methods necessary to ensure that construction and maintenance equipment is free of noxious weeds. Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Equipment or components disassembly, or the need for specialized tools, are not required.

Unless otherwise agreed, Contractor shall give the Forest Service at least 24 hours notice when equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service. Inspection will be required after every subsequent cleaning ordered by the Forest Service.

Forest Service shall approve the methods of cleaning and the locations for the subsequent cleaning.

New infestations of noxious weeds of concern to Forest Service and identified by either Contractor or Forest Service, on the Project Area or on the haul route, shall be promptly reported to the other party. Contractor and Forest Service shall agree on treatment methods to reduce or stop the spread of noxious weeds when new infestations are found. A current list of noxious weeds of concern to Forest Service is available at each Forest Service office.

The equipment shall be cleaned prior to moving onto this project. This initial cleaning shall not be included in the measurement for payment. Payment under this item will only be made if subsequent cleanings are ordered by the Forest Service. Measurement shall be on an “each” basis, meaning one complete cleaning of all equipment required for the identified treatment area. Subsequent cleanings necessitated by the Contractor’s action but not directed by the Forest Service will not be included in the measurement for payment.

C.6 START WORK

The estimated time work will start is July 15, 2009. Contract time will run continuously with no time discounted for weather or fire restrictions.

This is an indefinite-delivery, indefinite-quantity contract for the specified services. Offers shall be submitted for the types of work listed. These prices will be used to evaluate pricing. The quantities listed are estimates only and may not reflect the actual amounts to be ordered. Offerors shall enter a unit price for each pay item, and then multiply the unit price by the estimated quantity to obtain the total amount.

The Government intends to award multiple contracts resulting from this solicitation.

C.7 WATERSHED RESTORATION ("JOBS IN THE WOODS") NOTICE

Competition for this project is being limited to the "affected areas" (i.e., counties) identified pursuant to the waiver of Full and Open Competition approved by the Secretary of Agriculture under 41 USC 253(c)(7), Public Interest.

Therefore, award of this contract will be restricted to those firms or individuals who are located in an affected area.

The affected areas are:

Washington: Okanogan, Douglas, Chelan, Kititas, Yakima, Klickitat, Skamania, Clark, Cowlitz, Wahkiakum, Pacific, Lewis, Pierce, Thurston, Grays Harbor, Mason, Jefferson, Clallam, Kitsap, Island, San Juan, King, Snohomish, Skagit, and Whatcom;

Oregon: Wasco, Jefferson, Deschutes, Lake, Klamath, Jackson, Josephine, Curry, Coos, Douglas, Lane, Linn, Benton, Lincoln, Marion, Yamhill, Polk, Clackamas, Multnomah, Hood River, Tillamook, Washington, Columbia, and Clatsop;

C.8 CONTRACTOR QUALITY CONTROL PLAN

A. Quality Control Plan

The Contractor shall provide a Quality Control Plan (QCP) as part of the Technical Proposal. The Plan must demonstrate how the Contractor shall assure that quality of performance meets the objectives and requirements of the contract. The QCP shall specify:

- How quality will be monitored to ensure performance standards are met.

- How the work will be supervised.

- How results of the monitoring will result in quality performance and customer satisfaction.

- Identify the personnel responsible for performing quality control.

B. Contractor Quality Control Inspection

The Contractor shall assure themselves that performance meets contract specifications, in accordance with FAR 52.246-4 Inspection of Services, prior to requesting the Government inspect for payment or acceptance. Upon completion of a sub-item, the Contractor shall contact the Contracting Officer to set a mutually agreed upon date for inspection of completed work. The Contracting Officer may observe the Contractor’s inspection at any time and shall otherwise have unlimited access to the inspection data.

C.9 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

The Government will periodically evaluate the Contractor’s performance by appointing a representative(s) to monitor performance to ensure services are received. The Government representative will evaluate the Contractor’s performance through intermittent on-site inspections of the Contractor’s quality control program. The Government may inspect each task as completed, increase the number of quality control inspections, or decrease the number of quality control inspections if deemed appropriate. Acceptance will be determined by a visual inspection of the work areas ordered and will be based on adherence to requirements stated in the specifications.

C.10 PERFORMANCE STANDARDS

Perform the service as stated in the referenced specification according to the Performance

Standards; and Complete all ordered services by the completion date stated in the Task Order.

For all tasks, the penalties for poor performance are:

Contractor may be required to re-work the unacceptable portion of the work, at the Contractor’s expense;

Contractor may receive a poor performance rating for this contract;

Government may withhold partial, or full, compensation;

Contractor may be required to replace lost, or damaged Government property Contract may be terminated for repeated deficiencies.

For all tasks, the incentives for high quality performance are:

Contractor will receive a good performance rating; and The Government is likely to factor in good performance when awarding task orders

C.11 PROSECUTION OF THE WORK

The capacity of the Contractor's plant, method of operation and forces employed, shall at all times during the continuance of the contract be subject to the approval of the Contracting Officer and shall be such as to assure the completion of the work within the specified period of time. To the extent stated in the specifications, the Contracting Officer shall have the right to select the sequence in which the individual work will be completed.

If work is seriously or chronically deficient, the Contractor's right to proceed may be suspended until the performance problems can be resolved and work may resume. The contract time will continue to run during any such period of suspension.

The Contracting Officer may, in writing, require the Contractor to remove any employee found to be working in an unsafe manner.

C.12 ATTACHMENTS TO STATEMENT OF WORK-SPECIFICATIONS

Task orders may contain attachments to the Statement of Work Specifications. Attachments identified within a future task order are part of any resultant order.

SECTION D--PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

Note: The main or parent contract number of the IDIQ will have “C” for contract indicator in the number. Task Orders will have a similar number format but will have a “D” or “P” in place of the “C”.

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F.2 AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from date of award through five calendar years.

F.3 CONTRACT TIME

The Contractor shall be required to

(a) commence work on the task order(s) within three (3) calendar days of the effective date on the Notice to Proceed after the Contractor receives the Notice to Proceed under the task order,

(b) prosecute the work diligently, and

(c) complete the ordered work no later than the completion date as required on applicable Task Order.

F.4 PROGRESS PLAN

The Contractor shall attach to the task order and provide to the Contracting Officer Representative (COR) a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule should reflect a work progress rate equal to the available amount of contract performance time. The work schedule will be determined by the COR at the prework conference and may be subject to change because of normal variations in weather conditions at no change in contract time or price.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 15 days after the date of contract award. The conference will be held at the Headquarters of the Mt Hood National Forest, 16400 Champion Way, Sandy, OR 97055, or at the Clackamas River District Office, 595 NW Industrial Way, Estacada, OR 97023.

G.2 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.

GOVT FURNISHED

PROPERTY/SERVICES/

DATA ETC.

QUANTITY WHERE, WHEN, HOW TO BE

FURNISHED TO CONTRACTOR

Road signing As needed, and specified in task order As specified in task order

Rock products As needed, and specified in task order

As specified in task order

Culverts As needed, and specified in task order needed

As specified in task order

G.3 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative (COR).

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer shall be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer.

Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 ARCHAEOLOGICAL OR HISTORIC SITES (AGAR 452.236-73) (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.2 INHERENTLY HAZARDOUS CONDITIONS SAFETY PLAN CERTIFICATION

The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all-inclusive. The successful Contractor shall certify that his/her Safety Plan conforms to the requirements of OSHA. The Safety Plan certification shall be submitted prior to commencing work on the project. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazards.

( ) confined space entry

(X) temporary excavation/slope stability

(X) deep trenching over five feet where shoring is required

(X) tree felling

(X) fall hazard from work heights exceeding six feet ( ) blasting

(X) traffic control on high-volume and/or high-speed and/or limited visibility roads

(X) travel on decommissioned roads, i.e. roads with waterbars and other barriers

(X) heavy equipment operation ( ) suspended loads ( ) tree climbing and/or tower climbing

(X) fire hazards ( ) hazardous materials handling ( ) electrical hazard

(X) hydraulic and/or pneumatic and/or high pressure hazards

(X) mechanical hazards such as pulleys, springs, etc ( ) aircraft/aerial services

Additional project specific hazards, not all inclusive:

(X) a. Limited site distance

(X) b. Equipment in roadway

(X) c. Soft road shoulders

H.3 PHYSICAL DATA (FAR 52.236-4) (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of, or conclusion drawn from, the data or information by the Contract.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by field surveys and surface observations.

(b) Weather conditions typical for this area indicate the following normal work season and fire season:

Normal Work Season: April 15 through November 15.

Fire Period / Closed Season: April 1 through October 31.

H.4 PERMITS AND RESPONSIBILITIES (FAR 52.236-7) (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.

H.5 OTHER CONTRACTS (FAR 52.236-8) (APR 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other Contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other Contractor or by Government employees.

H.6 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (FAR 52.236-9) (APR 1984)

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

(b) The Contractor shall protect from damage all existing improvements and utilities

(1) at or near the work site and

(2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor.

The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

H.7 CLEANING UP (FAR 52.236-12) (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

H.8 USE OF PREMISES (AGAR 452.236-72) (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall

(i) provide and maintain sanitation facilities for the work force at the site and

(ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.9 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (AGAR 452.236-74)(NOV 1996)

(a) Operations 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.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste 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.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.10 EMERGENCY CONTROL (AGAR 452.236-77) (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.

H.11 WARNING SIGNS AND RESTRICTIONS

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. 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.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings. Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H.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) Any spill shall be the responsibility of the contractor and shall be cleaned up according to applicable Federal, State, and Local Rules and Regulations. The Oregon Emergency Response System for spills and other releases of hazardous chemicals and material may be reached at 1-800-452-0311 or 1-503-378-6377. The contractor will take immediate action to clean up the spill or chemical release as soon as the spill is known. The contractor will not wait until after notification to take immediate action, to clean up or contain, on any spill or chemical release.

(c) Prevention of Oil Spills - If Contractor maintains storage facilities for oil or oil products on Sale Area, Contractor shall take appropriate preventative measures to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

H.13 EQUIPMENT REQUIREMENTS

Equipment shall be of modern design, and in good operating condition with a competent, qualified operator.

Equipment shall be cleaned, free of any noxious or invasive plant seeds, free of fluid leaks and in good operating condition. Each piece of equipment, excluding highway vehicles and trucks, shall be supplied with skimming absorbent pads sufficient to absorb 10 gallons of oil. Pads shall be the type which are made to float on the surface, while absorbing oil and repelling water. Pads shall be "New Pig" pad #MAT214 or other manufactured pads meeting or exceeding the New Pig Skimming pad specifications.

When the Contractor is paid for furnishing and operating equipment on an hourly or daily basis, it shall be operated at its design speed, or the maximum speed feasible under prevailing conditions.

All operators of equipment used in these projects will have sufficient skill and experience to properly perform the work assigned. An operator who, in the opinion of the COR, is not thoroughly knowledgeable in equipment operation, or specifications, will be removed and replaced immediately upon written request of the Contracting Officer.

H.14 PROTECTION OF HABITAT OF ENDANGERED, THREATENED, AND SENSITIVE SPECIES

Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of 1973, as amended, or as sensitive by the Regional Forester under authority of FSM

2670, are shown on the Drawings and identified on the ground. Measures needed to protect such areas have been included elsewhere in this contract or as follows: NONE

If protection measures prove inadequate, if other such areas are discovered, or if new species are listed as Federally threatened or endangered or as sensitive by the Regional Forester, Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.

H.15 RESCHEDULING OF ORDERS

If the Contractor cannot meet the tentative date, the Contractor shall notify the Contracting Officer or COR within 72 hours. If possible, ordered work will be rescheduled with the Contractor. If rescheduling is not possible, the Contractor shall secure the service from other sources at his/her own expense and meet the required schedule at no additional cost to the Government.

H.16 TASK ORDERING PROCEDURES

To order services under this contract, a task order announcement will be forwarded to the Contractor(s) identifying the specific requirements of the individual order. The Contractor(s) shall prepare and submit a response to the task announcement by the due date stated on the announcement. Upon award of a task announcement, the Contracting Officer will issue a written task order for work on an OF 347 Order for Supplies or Services form or other authorized form.

Any warranted Contracting Officer within the Northwest Oregon Contracting Area may issue a task order exceeding $3,000 for this contract. The Contracting Officer will issue a task order announcement to all contractors within a designated area. If a Fair Opportunity exception applies, the task order announcement will be issued to one contractor.

The task order announcement will include a due date for proposal submission and a Statement of Work (SOW) which includes a detailed description of work to be accomplished, a listing of the deliverables required, and additional data as appropriate.

H.16.1 TASK ORDER ANNOUNCEMENT MEDIA

As Government needs are identified, Task Announcements detailing the specific services to be provided will be issued in writing and may be transmitted by any of the following media: Fax, US Mail, Email, FedEx, or UPS.

The Government will make every effort to provide adequate time for contractors to make informed responses to task announcements. Typical announcement times will be from 15 to 30 days between issuance and closure. Shorter times may be necessary to fill more urgent requirements.

Offerors are urged and expected to inspect the site where the work will be performed on resulting task orders.

H.16.2 AWARD OF TASK ORDERS & FAIR OPPORTUNITY

Contractors are bound to accept task orders within the ordering limitations defined in the ordering clauses (See Section I.7 Ordering Limitations).

If a contractor is awarded multiple task orders, work shall be completed concurrently unless otherwise specified in a task order.

Competitive task order awards will be made to the Contractor(s) who provide the best value to the Government, including:

(a) Past performance on earlier task orders under this contract including quality and timeliness.

(b) Potential impact on other orders placed with the contractor.

(c) Quality control on earlier task orders

(d) Price including price realism and price reasonableness

The Contracting Officer will give every contractor a fair opportunity to be considered for a task order unless one of the following exceptions applies:

1. The Governments need for the service is so urgent that providing a fair opportunity would result in unacceptable delays.

2. The order must be issued on a sole source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

3. It is necessary to place an order to satisfy a minimum guarantee.

H.16.3 ISSUANCE OF TASK ORDERS

1. All work will be ordered by task order for two years from the date of the Notice to Proceed. Concurrent task orders may be issued. Orders may be issued orally and followed up in writing, by facsimile or by electronic commerce methods.

2. Section J - Attachment 1 includes a Sample Cost Proposal/Task Order, which is provided as an illustration.

Task orders may also be issued in other formats, e.g., purchase orders. List of proposals will be entertained at time of issuance of solicitation for individual task orders.

3. REFER TO CLAUSES 52.216-18 ORDERING AND 52.216-19 ORDER LIMITATIONS, AND CLAUSE

52.216-22 INDEFINITE QUANTITY.

H.17 FAIR OPPORUNITY OMBUDSMAN

Ombudsman Description. In accordance with FAR 16.505(a)(6), no protest under FAR subpart 33.1 is authorized in connection with CO decisions regarding fair opportunity or the issuance of a TO under this contract, except for a protest on the grounds that a TO increases the scope, period, or maximum value of the contract. The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered consistent with the procedures in the contract. Complaints to the USDA Forest Service Ombudsman must be forwarded to:

Assistant Director for Operations, Acquisition Management, Washington Office Ronald Wester 1621 N Kent Street, Plaza E, Suite 707 Arlington, VA 22209 Phone (703) 605-4665 Facsimile (703) 605-5100

H.18 OTHER H CLAUSES

Task Orders under this contract may contain other Section H – Special Requirements clauses as needed and within scope of the contract.

H.19 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or with the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

H.20 NOTIFICATION OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement.

The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum and be documented on an SF-1413 form requested by the Contractor:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract.

Any subcontract agreement shall contain all terms and conditions of the prime contract.

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/ www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (JUL 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 (SEP 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 (SEP 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) 52.215-2 Audit and Records -- Negotiation (MAR 2009) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.217-2 Cancellation Under Multiyear Contracts (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $550,000) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 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 (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (SEP 2006) 52.222-41 Service Contract Act of 1965, as Amended (NOV 2007) 52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) http://www.usda.gov/procurement/policy/agar.html�

52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-1 Payments (APR 84) 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) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 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 (JUL 1995) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007) 52.246-25 Limitation of Liability—Services (FEB 1997) 52.248-1 Value Engineering (FEB 2000) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.252-2 Clauses Incorporated by Reference (FEB 1998) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988)

I.2 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 means the 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 name.

(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.

http://fedgov.dnb.com/webform�

(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…