AG-046W-S-10-0012_equip_rental_idiq.pdf

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

UNDER DPAS (15 CFR 700) 1 61 PAGES

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

AG-046W-S-10-0012 SEALED BID (IFB) 5/6/10 NUMBER

NEGOTIATED (RFP)

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7) USDA Forest Service Northwest Oregon Contracting Area (NOCA) 16400 Champion Way Sandy, OR 97055

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 See Block 7 until 3:30 p.m. local time June 4, 2010 (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: Jeanne Williams 503 668-1739 jmwilliams@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 27-33

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-9 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 10-13 X J LIST OF ATTACHMENTS 34-46

X D PACKAGING AND MARKING 14 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 15-16 X K REPRESENTATIONS, CERTIFICATIONS AND 47-55 X F DELIVERIES OR PERFORMANCE 17 OTHER STATEMENTS OF OFFERORS X G CONTRACT ADMINISTRATION DATA 18-21 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 56-57

X H SPECIAL CONTRACT REQUIREMENTS 22-26 X M EVALUATION FACTORS FOR AWARD 58-61

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) XXXXX % % % %

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):

15A.

NAME AND

ADDRESS

OF OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NO. (Include area code and extension)

15C. CHECK IF REMITTANCE ADDRESS

17. SIGNATURE

18. OFFER DATE

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

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) 7

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

USDA Rural Development Centralized Servicing Center 4300 Goodfellow Blvd. (FC-233), Bldg. 105E St. Louis, MO 63120-1703

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

JEANNE M. WILLIAMS

(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)

Equipment Rental (Fisheries) IDIQ AG-046W-S-10-0012 Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 2

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 - SCHEDULE OF ITEMS

ITEM NO. SUPPLIES/SERVICES YEAR UNIT UNIT PRICE

1.0

1.1

1.2

1.3

1.4

1.5

1.6

Equipment Rental with Operator

Excavator (3 sizes, with “fish friendly hydraulic fluid” option) (Ref. H.1)

Excavator, Caterpillar 345 or equivalent, with min.

bucket capacity of 2 cubic yards, digging teeth and hydraulic thumb; crawler-mounted with street pads;

turbo charged diesel engine with min. power (flywheel) of 321 HP; min. backhoe reach of 40 feet (horizontal), with operator.

Excavator, Caterpillar 320 or equivalent, with min.

bucket capacity of 1 cubic yard, digging teeth and hydraulic thumb; crawler-mounted with track width of 24-inch minimum and street pads; turbo charged diesel engine with min. power (flywheel) of 145 HP;

min. backhoe reach of 30 feet (horizontal), with operator.

Excavator, Caterpillar 312 or equivalent, with min.

bucket capacity of 1/3 cubic yard, digging teeth and hydraulic thumb; crawler-mounted with track width of 20-inch minimum and street pads; turbo-charged diesel engine with min. power (flywheel) of 90 HP;

min. backhoe reach of 27 feet (horizontal), with operator.

Same as Item 1.1, but with “fish friendly hydraulic fluid”, defined as a synthetic thermally stable biodegradable hydraulic oil (ISO 32/46), such as Panolin HLP Synth, Chevron’s Clarity, or equivalent such fluid (Clause H-1), with operator.

Same as Item 1.2, but with “fish friendly hydraulic fluid”, defined as a synthetic thermally stable biodegradable hydraulic oil (ISO 32/46), such as Panolin HLP Synth, Chevron’s Clarity, or equivalent such fluid (Clause H-1), with operator.

Same as Item 1.3, but with “fish friendly hydraulic fluid”, defined as a synthetic thermally stable biodegradable hydraulic oil (ISO 32/46), such as Panolin HLP Synth, Chevron’s Clarity, or equivalent

HR

HR

HR

HR

HR

HR

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 3

2.0

2.1

2.2

2.3

2.4

2.5

3.0

3.1

3.2 such fluid (Clause H-1), with operator.

Dozer (3 sizes with options)

Dozer, Cat D7 or equivalent, with turbo charge diesel engine, minimum power (flywheel) of 130 HP, hydraulic power shift or equivalent design transmission, and straight blade, with operator.

Dozer, Cat D7 or equivalent, with turbo charge diesel engine, minimum power (flywheel) of 130 HP, hydraulic power shift or equivalent design transmission, and straight blade, with operator.

Same as Item 2.1, but with hydraulic 4-way blade, hydraulic winch, and rippers, with operator.

Same as Item 2.2, but with hydraulic 6-way blade, hydraulic winch, and rippers, with operator.

Dozer, Cat D4 or equivalent, with turbo charge diesel engine, minimum power (flywheel) of 80 HP, hydraulic power shift or equivalent design transmission, and hydraulic 6-way blade, hydraulic winch, and rippers, with operator.

Front End Loader (2 sizes)

Front End Loader, rubber tire, and min. capacity of

3.25 cubic yards, with operator.

Front End Loader, rubber tire, and min. capacity of

2.0 cubic yards, with operator.

HR

HR

HR

HR

HR

HR

HR

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 4

4.0

4.1

4.2

4.3

4.4

5.0

5.1

5.2

5.3

Superhoe (2 types, with “fish friendly hydraulic fluid” option)

Superhoe (also referred to as a Spyder or Articulated Backhoe), Shaeff HS 41M or equivalent, with min.

bucket capacity of 0.75 cubic yards; with digging teeth and hydraulic thumb; 360 degree rotation, able to work on 1:1 slope, boom-mounted winch; turbo charged diesel engine with a min. of 82 HP, with operator.

Superhoe (also referred to as a Spyder or Articulated Backhoe), Shaeff HS 41M or equivalent, with min.

bucket capacity of 0.75 cubic yards; with digging teeth and hydraulic thumb; 360 degree rotation, able to work on 1:1 slope, boom-mounted winch; turbo charged diesel engine with a min. of 82 HP, and a factory installed drive mechanism

, with operator.

Same as Item 4.1, but with “fish friendly hydraulic fluid” as specified in Clause H-1, with operator.

Same as Item 4.2, but with “fish friendly hydraulic fluid” as specified in Clause H-1, with operator.

Backhoe (2 types, with “fish friendly hydraulic dluid” option

Backhoe, Case 580-C or equivalent, with a diesel engine and standard size factory bucket, with operator.

Same as Item 5.1 above, but with extend-a-hoe, with

Same as Item 5.1 above, but with “fish friendly hydraulic fluid” as specified in Clause H-1, with

HR

HR

HR

HR

HR

HR

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 5

5.4

6.0

7.0

7.1

7.2

7.3

7.4

7.5

8.0

8.1

Same as Item 5.2 above, but with “fish friendly hydraulic fluid” as specified in Clause H-1, with

Skidsteer

, min. of 60 HP, min. of 1,750-lb. rated operating capacity; and 3,700-lb. Tripping load; and two types of attachments: 1) multi-purpose bucket;

and 2) bucket with grapples, with operator.

Dump Truck (3 sizes, with liner option)

Dump Truck, diesel, with capability of hauling 10 cubic yards of material, spreading, placing, and stockpiling aggregate, borrow, and roadfill and slide material, with operator.

Dump Truck, diesel, with capability of hauling 20 of material, spreading, placing, and stockpiling aggregate, borrow, and roadfill and slide material, with operator.

End Dump Truck, diesel, with min. capacity of 40

; high lift rear gate; and ability to remove rear gate; with operator.

Same as Item 7.1, but with protective liner for hauling and dumping large boulders (up to 2 cubic yards in size), with operator.

Same as Item 7.2, but with protective liner for hauling and dumping large boulders (up to 2 cubic yards in size), with operator.

Water Truck (3 sizes)

Water Truck, 250 – 1,000 gallon capacity, spraybar, HR

HR

HR

HR

HR

HR

HR

HR

HR

HR

HR

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 6

8.2

8.3

9.0

9.1

9.2

10.0

10.1

10.2

10.3 with operator.

Water Truck, 1,001 – 2,000 gallon capacity, spraybar, Water Truck, 2,001 – 3,000 gallon capacity, spraybar, Log Truck (2 types)

Log Truck, standard, with operator.

Log Truck, self-loading, with operator.

Log Loader (3 sizes)

Log Loader, John Deere 2054 or equivalent; with a min. boom reach of 36 feet; crawler-mounted track with street pads; gross vehicle weight of 55,000 lbs.;

and grapple able to pick up logs up to 48 inches in diameter, with operator.

Log Loader, John Deere 2554 or equivalent; with a min. boom reach of 40 feet; crawler-mounted track with street pads; gross vehicle weight of 85,000 lbs.;

and grapple able to pick up logs up to 60 inches in diameter, with operator.

Log Loader, John Deere 3554 or equivalent; with a min. boom reach of 43 feet; crawler-mounted track with street pads; gross vehicle weight of 105,000 lbs.;

and grapple able to pick up logs up to 72 inches in diameter, with operator.

HR

HR

HR

HR

HR

HR

HR

HR

HR

HR

HR

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 7

11.0

11.1

11.2

12.0

13.0

13.1

13.2

13.3

14.0

14.1

Log Skidder (2 types)

Log Skidder, rubber tire, with winch and grapple, Log Skidder, track-mounted, with winch and grapple, Mini Hydraulic Excavator

- Caterpillar 304C CR or equivalent, with min. bucket capacity of 0.3 cubic yards, digging teeth and hydraulic thumb; crawler-mounted with street pads; turbo charged diesel engine with min. power (flywheel) of 42 HP; min. backhoe reach of 17 feet (horizontal), with operator.

Hazard Tree Felling

Feller Buncher

- Track-mounted with street pads, capable of cutting up to a 23-inch diameter tree equipped with a minimum boom and track length not to exceed 14 feet with ground pressure (psi) rating under 10.

Faller

– Provide properly equipped and trained chainsaw faller(s) capable of safely directionally falling trees identified as hazardous, which include, but not limited to, dead top, sprung rooted, and heart rot trees of unlimited size class for the area.

Buckers/Limbers

– Provide properly equipped and trained chainsaw bucker(s) and limber(s). Personnel should be able to safely climb and buck unlimited size class felled trees to specified lengths identified by Government personnel.

Traffic Control Flaggers with Equipment

Flagger

– Provide properly equipped, trained, and

HR

HR

HR

HR

HR

HR

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 8

14.2

15.0

16.0

17.0 certified flag person(s) where the traffic is required to stop before proceeding. This requirement includes adequate traffic signs and cones for safe vehicle passage through the work zone.

Traffic Control Lead Vehicle

– Provide properly equipped, trained, and certified traffic control lead vehicle and personnel where the traffic is required to stop and be safely led through a construction site.

Chipper

– Provide a chipper that is capable of chipping branches, tree tops, and limbs up to 4 inches in diameter and a length of 12 to 18 feet, and blow out on-site chips or chips to be hauled away to designated, and agreed upon location, by CO.

Laborer

Mobilization

(to be negotiated per task order)

HR

HR

HR

HR

HR

Vendor Name: Phone:

Signature: Fax:

Address: Email:

City, State, Zip: TIN#:

DUNS#:

B-2 – The offeror shall indicate the areas they are willing to accept task orders under this contract:

Area of Coverage Yes (ü ) No (ü )

Mt. Hood National Forest (Entire Forest)

Clackamas River Ranger District

Zig Zag Ranger District

Hood River Ranger District

Barlow Ranger District

Columbia River Gorge National Scenic Area

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 9

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 orders totaling a minimum of $3,000 (per order), but not in excess of $999,000 for all contracts awarded as a result of this solicitation.

B-4 – Award will be made by item, and multiple awards are anticipated. Offerors are not required to submit pricing on all items. Unit prices offered for equipment shall include costs for operator and all operating supplies. Mobilization/demobilization will be negotiated with each individual task order.

B-5 – The offeror shall provide a complete description of each piece of equipment being offered, including

Line Item No., Make, Model, Year, Serial Number, Accessories, Current Value, and other descriptive information relative to the equipment offered. More than one piece of equipment may be offered under an item.

B-6 – No award will be made to a Contractor not registered in the Central Contractor Registration (CCR) database (Section I–2).

B-7 - If contract award is for a value of $100,000 or more, the Contractor must file a VETS-100 Report at the

VETS-100 website, www.vets100.com (Section K.2).

B-8 – Contractors must provide Representation and Certifications electronically at the ORCA website, http://orca.bpn.gov.

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 10

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 – SCOPE OF CONTRACT

The purpose of this contract is to obtain equipment with operator for the purpose of performing a variety of resource work for the USDA Forest Service, specifically the Mt. Hood National Forest and Columbia River Gorge National Scenic Area. Work includes furnishing all labor, equipment, transportation, operating supplies, supervision, repairs and support functions, and incidentals necessary to perform all work within the specifications. The awarded contract, and subsequent task orders, shall constitute the entire agreement, including all terms and conditions applicable to the contract.

Specific direction for accomplishing the work will be provided by the Contracting Officer’s Representative

(COR).

Work within this contract may include:

• Removing culverts and other drainage structures in roads;

• Restoring stream channels by pulling up fills and laying back side slopes to the original contours;

• Placing rocks and logs in stream channels to stabilize gradients and restore natural functions;

• Pulling up fill material, where there are existing or potential failures, or where the fill is determined to be unstable;

• Constructing cross drain channels across the road surface to avoid concentrating runoff;

• Leaving cross drain channels across the road surface to avoid concentrating runoff;

• Laying selected portions of the road back to original contours where the road is unstable;

• Outsloping selected areas of the road surface. Outsloping involves removing fill from the outside edge of the road, placing it locally on remaining road bench, and leaving a minimum 10-30% outsloped surface;

• Transplanting existing native vegetation from adjacent slopes and road surfaces onto areas disturbed by the equipment; and,

• Spreading slash and logs evenly over finished surfaces.

• Cutting, limbing, bucking, yarding, loading and hauling of trees that will be used in restoration projects.

• Directionally fall, limb, buck, and choke set unlimited sized “Hazardous” trees located adjacent to

Forest roads or streams.

• Chipping branches, tree tops, and limbs.

C-2 – TECHNICAL REQUIREMENTS

The Contractor shall be responsible for operating the equipment in a manner that is safe and within the capabilities of the equipment specified. The Contractor’s use of all Forest Service roads shall be in compliance with the Mt. Hood National Forest Commercial Road Rules dated January 1992, available upon request.

As specific projects arise, Task Orders will be negotiated at rates specified within the contract. Task orders may include services where measurement/payment are based on actual hours of work, or services that have a firm fixed-price for a specific project.

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 11

C-3 - EQUIPMENT SPECIFICATIONS. All equipment provided shall be in good mechanical and operating condition and shall be operated by skilled operators experienced in the type of work for which the equipment is being used.

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 12

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.

The Contractor shall assure all equipment meets the specifications required below, all applicable OSHA and DOT requirements or certifications, and shall obtain all required permits at no additional cost to the Government.

Should repairs be needed on equipment, such repairs shall be accomplished within two (2) calendar days or the equipment shall be replaced within 24 hours with a comparable piece of equipment at no additional cost to the Government.

C-4 - MAINTENANCE OF TRAFFIC AND USE OF WARNING DEVICES

The Contractor shall provide, erect, and maintain all necessary barricades, danger signals, and detour and other signs, and take all necessary precautions for the protection of the work and safety of the public. All such barricades and signs shall be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD), 1987 edition, as published by the Federal Highway Administration, U.S. Department of Transportation.

C-5 - POLLUTION ABATEMENT

(a) The project work areas occur in riparian areas and aquatic habitat that may have threatened species of fish, wildlife, and plants. The following measures shall be taken to protect these species and their habitats:

(1) The Contractor shall not store more than 500 gallons of oil or oil products on site. Oil from crankcases or gear boxes, equipment waste or spilled or excess fuel shall be placed in containers and removed from the work site and disposed of as approved and required by Federal, State and local laws. Equipment refueling should take place more than 150 feet from water bodies.

(2) The Contractor shall insure that all fuel trucks carry an adequate number of spill kits. The Contractor shall provide adequate two-way communication facilities to report an accident spill. The accident report shall be made within 20 minutes of detection to the Contracting Officer’s Representative (COR) and the designated Forest Service Hazmat Coordinator.

(3) Equipment ordered for operations in close proximity to streams or bodies of water will be required to meet more stringent requirements regarding seals and fittings that prevent the leaking of hydraulic fluids, lubricants and fuels. Failure to comply will result in immediate rejection of equipment.

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 13

C-6 – ENVIRONMENTAL PROTECTION

(a) Soil disturbances on roads and project areas shall be minimized. All roadways shall be cleared of woody debris caused by this operation, including ditch lines and cut slopes. The Contractor, at no additional cost to the Government, shall restore any damage that occurs to the roadbed or drainage structures during implementation of this contract.

(b) Work may be temporarily suspended if monitoring indicates that rainstorms have saturated soils to the extent that there is potential for road damage and stream sedimentation.

(c) Utilize only flagged skid roads or corridors to access stream channels.

(d) Tracked equipment will not be permitted on bituminous surface treatment and paved surface roads.

C-7 - NOXIOUS WEED CONTROL

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.

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 14

C-8 –

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 less than acceptable 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

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 15

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” in place of the “C”.

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 16

SECTION E--INSPECTION AND ACCEPTANCE

E-1 – CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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

52.246-6 Inspection – Time-and-Material Labor-Hour (MAY 2001)

E-2 – 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 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. The Contracting Officer may observe the Contractor’s inspection at any time and shall otherwise have unlimited access to the inspection data.

E-3 – 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.

E-4 – INSPECTION AND ACCEPTANCE

(a) Inspection of Equipment. Equipment will be inspected at the Ranger District office before the equipment is delivered to the worksite (see Inspection Checklist, page 32). Equipment that does not meet the specifications set forth in this contract will be rejected. At any time during the period of the contract, the Contracting Officer may make tests or inspections as deemed necessary to determine that the Contractor’s equipment currently meets the specifications. Government costs incurred during these inspections will not be charged to the Contractor.

http://www.arnet.gov/far/�

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 17

(b) Rejected and Replacement Equipment. If equipment is rejected for non-compliance with the specifications, the Contractor will be notified in writing to correct the deficiencies or furnish replacement equipment meeting specifications within two working days. If accepted equipment becomes inoperative, the Contractor will be notified in writing to correct the deficiencies within two working days. Failure to correct repairs or replace the equipment in the two working days may result in termination of the Contractor’s right to proceed.

(c) Equipment Operator. The Contractor shall provide skilled, competent operators. If during the prosecution of the work the COR determines through observation and/or discussion that an operator is inexperienced in the work and/or is unable to safety maintain a reasonable rate of production, the operator will be rejected. If the operator is rejected, the Contractor will be notified in writing to furnish a replacement operator with the necessary skills to perform the work. Failure to replace the operator will render the equipment “inoperative” and the equipment may be rejected as discussed in (b) above.

(d) Rework and Reinspection after Rework. When inspection results are not at a satisfactory level and the deficiency is correctable, payment will not be made until the deficiency has been corrected.

Reinspection after rework will be made in the same manner as the first inspection. The Contractor shall pay for inspections necessitated by the rework.

Mt. Hood National Forest/Columbia River Gorge National Scenic Area Page 18

SECTION F--DELIVERIES OR PERFORMANCE

F-1 – CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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) 52.242-16 Government Delay of Work (APR 1984)

F-2 –PERIOD OF PERFORMANCE (AGAR 452.211-74) (FEB 1988)

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

During the period February 1 through April 30 of each contract year, existing contractors will have the opportunity to delete equipment as well as opting out of the contract.

F-3 – CONTRACT TIME

(a) The Contractor shall be required to

(1) Commence work on the task order(s) within three (3) calendar days of the effective date of the Notice to Proceed;

(2) Prosecute the work diligently; and

(3) Complete the ordered work no later than the completion date as required on the applicable Task

Order.

(b) Days and Hours of Work. Work will be limited to daylight hours only and shall not exceed 10 hours in any day. Unless otherwise mutually agreed between the CO and the Contractor, all work shall be performed between 7:00 a.m. and 5:00 p.m., Monday through Saturday, excluding Federal holidays.

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SECTION G--CONTRACT ADMINISTRATION DATA

G-1 –POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offeror(s) is required. The conference will be scheduled and held prior to beginning any work on the task order award. The conference will be held at the Headquarters of the Mt.

Hood National Forest, 16400 Champion Way, Sandy, OR 97055.

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.

Government-furnished property, if any, will be identified on each individual 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.

G-4 – NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement.

The notification shall include as a minimum:

1. The name, address, telephone number, and DUNS number of the subcontractor.

2. The date upon which the subcontract was entered into and its duration.

3. A detailed description of the work being subcontracted.

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G-5 – 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. 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.

G-6 –

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.

G-7 – AWARD OF TASK ORDERS & FAIR OPPORTUNITY

Contractors are bound to accept task orders within the ordering limitations defined in the ordering clauses (See Clause I-4 – 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, timeliness, and cost control.

(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 Government’s need for the service is so urgent that providing a fair opportunity would result in unacceptable delays.

2. Only one awardee is capable of providing the service required at the level of quality required because the service ordered is unique or highly specialized.

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3. 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.

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

G-8 - ISSUANCE OF TASK ORDERS

1. All work will be ordered by task order. 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.

G-9 - FAIR OPPORUNITY OMBUDSMAN

Ombudsman Description. In accordance with FAR 16.505(a)(9), 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.

G-10 - MEASUREMENT AND PAYMENT

(a) Method of Measurement and Payment

(1) Hourly Work. An hour consists of 60 minutes of actual operation of equipment on authorized Government work. Measurement will be for the actual quantity of machine hours, to the nearest half hour that the equipment is in actual operation in performance of authorized Government work. Moving of equipment under its own power, when so ordered by the Contracting Officer, will constitute authorized work. Non-productive time such as, but not restricted to, lack of operating supplies or qualified operator, service time, time lost by reason of breakdown or being stuck, or loading time of specified accessories shall not constitute actual operation.

(2) Move-in/Move-out. Move-in will be paid at the hourly rate from the point of hire to the first job site and move-out will be paid at the hourly rate from the last job site to the point of release. If the Contractor withdraws any equipment from the job site before completing all work required under the contract, no move-out will be paid, unless the failure to complete the work is excusable under the clause entitled “Default (Fixed-Price Supply and Service)” (FAR 52.249-8) (APR 1984). No move-in will be paid for replacement equipment, or move-out for the replaced equipment. Move-out shall not be paid for equipment which cannot be repaired or replaced. Payment for move-in shall not be paid for equipment which is rejected for failure to meet initial inspection.

(3) Moving Between Job Locations. Moving of equipment and specified accessories between job locations will be paid at the hourly rate.

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G-11 – DAILY RECORDS

The Government will maintain a daily record (shift ticket) for each piece of rental equipment showing:

(a) Contract Number.

(b) Names of Contractor and operator.

(c) Make and model of equipment.

(d) Point of hire (and release, if different).

(e) Authorized hours of operation to nearest quarter hour, with move-in/move-out, regular operation and stand-by shown separately.

(f) Explanation of any hours lost (meal breaks, down time, etc.)

(g) Signatures of Government officer (COR) and Contractor of authorized agent.

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SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 – “Fish friendly” hydraulic fluid, defined as a synthetic thermally stable biodegradable hydraulic oil (ISO 32/46), such as Panolin HLY Synth, Chevron’s Clarity, or equivalent, shall be utilized whenever possible.

The specific equipment requiring this hydraulic fluid have been identified under separate Line Items within the Schedule of Items (Section B) of this contract.

H-2 – KEY PERSONNEL

Key personnel are those personnel (Project Manager, supervisor, equipment operators, etc.) considered essential for successful completion of this contract. All key personnel shall be identified in the Contractor’s Technical Proposal.

The Contractor agrees that assigned key personnel shall not be removed, substituted, or reassigned to another task order without the written concurrence of the Contracting Officer. The contractor shall provide a detailed explanation of the circumstances necessitation the proposed personnel change and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. If the Contracting Officer determines that suitable replacement of key personnel is not feasible or that the reduction of effort would be so substantial as to impair the successful performance of the work, the Contractor may be subject to default action under the effected task order(s) or the contract. Ultimate approval/disapproval to replace key personnel is the responsibility of the Contracting Officer.

H-3 – USE OF PREMISES

(a) The Contractor shall comply with the regulations governing the operation of premises that are occupied and shall perform his contract in such a manner as not to interrupt or interfere with the conduct of Government business.

(b) Before any camp is opened or operated on Public lands, the Contractor shall request permission (in writing) from the COR. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor. If permission is granted, a camping permit will be issued.

(c) It is further stipulated that in addition to clean up of any campsites, the Contractor shall remove its equipment from Public lands before final acceptance and payment of the project.

H-4 – PROPERTY AND PERSONAL DAMAGE

(a) The Contractor shall use every precaution necessary to prevent damage to public and private property.

Land monuments and property markers shall not be disturbed until the Contracting Officer, or his/her representative, has witnessed or otherwise referenced their location and directed their removal.

(b) The Contractor shall be responsible for all damage to property and to persons, including third parties, that occur as a result of their agent's or employee's fault or negligence. The term "third parties" is construed to include employees of the government.

H-5 – 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.

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H-6 – PROTECTION OF THREATENED, ENDANGERED, 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-7 – LANDSCAPE PRESERVATION

The Contactor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements:

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or natural features unless specifically authorized by the Government. Unless otherwise provided, the Contractor shall confine contract operations to within the areas designated in contract documents. Unless otherwise provided in this contract, the Contractor shall gather rock, which falls outside the roadway due to contract operations and dispose of it as directed, by the Government.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, dust palliatives, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Government. If a petroleum spill should take place in the water, the Contractor shall immediately notify the COR and the Oregon Emergency Response System (OERS), telephone 1-800- 452-0311 or 1-503-378-4124.

H-8 – PERSONAL PROTECTIVE EQUIPMENT

1. The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The Contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

5. The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

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6. The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

7. The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

8. The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

H-9 – POTENTIAL SAFETY HAZARDS

(a) 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 Contractor. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

(b) The following checked activities have been identified by the Government as potential safety hazards.

[X] Temporary excavation/deep trenching/slope stability.

[X] Tree falling.

[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] Heavy equipment operation.

[X] Tree climbing and/or tower climbing.

[X] Hazards as a result of fire.

[X] Hazardous materials handling.

[ ] Electrical hazard.

[X] Hydraulic and/or pneumatic and/or other high pressure hazards.

[X] Mechanical hazards such as pulleys, springs, etc.

[X] Other: Uneven ground conditions, loose native road surface materials [X] Other: Dead hazard trees, snags

H-10 – EMERGENCY CONTROL (AGAR 452.236-77) (NOV 1996)

(a) Contractor's Responsibility for Fighting Fire.