AG-0489-S-10-0259_pioneer-bridle.pdf

AG-0489-S-10-0259

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

02/22/2010 369307

1 1

EROC NORTHWEST

16400 CHAMPION WAY

SANDY OR 97055

US FOREST SERVICE

02/04/2010

USDA FOREST SVC

MT HOOD NATL FOREST

ZIGZAG RANGER DISTRICT

ZIGZAG

OR 97049

503 668-1703TONYA RYMER

03/15/2010 1400 PT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

TAS::12 1118::TAS RECOVERY Pioneer Bridle Trail Maintenance

This solicitation is issued under the provisions of the American Recovery and Reinvestment Act of 2009.

Faxed quotes are acceptable and can be received at fax number (503) 668-1621. Confirmation of receipt should be directed to phone number (503) 668-1614.

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

TABLE OF CONTENTS

PIONEER BRIDLE TRAIL MAINTENANCE RECOVERY PROJECT

PART I – CONTRACT SPECIFICATIONS

• SECTION A -SF-18

• SECTION B – Supplies or Services and Prices/Costs (Schedule of Items)

• SECTION C - Descriptions/Specifications/Statement of Work

• SECTION D- Packaging, Marking and Layout

• SECTION E - Inspection and Acceptance

• SECTION F - Deliveries and Performance

• SECTION G - Contract Administrative Data

• SECTION H - Special Contract Requirements

PART II – CONTRACT CLAUSES

• SECTION I - Clauses incorporated by reference

• AGAR/FSAR and SPECIAL CONTRACT CLAUSES

• ARRA Required Clauses (full text)

PART III – LIST OF DOCUMENTS,EXIBITS AND OTHER ATTACHMENTS

• SECTION J – Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTRUCTIONS

• SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents

• SECTION L – Instructions to Offeror / Notices

• SECTION M – Evaluation Factors for Award

Pioneer Bridle Trail Maintenance PAGE 2

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 SCHEDULE OF ITEMS

Item Number

Description

Unit

Estimated Quantity

Unit Price Total

1 881 Mobilization Lump Sum 1

807(1) Skidsteer Loader (Bobcat-like machine with wheels or tracks to haul tread material. NTE 5 ft wheel or track width and 5,000 lbs)

Hour 70

807(2) Mini-Excavator (Track mounted with maximum tread width of 5 feet with approximate weight of 8,000 lbs)

Hour 265

4 807(6) Dump-Truck (10 to 12 yard dump capacity) Hour 75

TOTAL

Vendor Name: Phone

Signature: Fax Address: Email City, State, Zip: TIN# Duns#

Pioneer Bridle Trail Maintenance PAGE 3

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Work

Provide equipment and qualified operator to perform heavy maintenance on the 8 mile Pioneer Bridle Trail under the day to day direction of Forest Service staff. Work performed with the equipment will include restoring tread, digging out drainages, and repair and replacing structures as needed to meet the attached Design Narrative.

Most of the work on the lower stretch between Hwy 26 and Tollgate Interpretive Site near Rhododendron, consists of hauling tread material in, digging drainages, constructing rolling earth water bars, and installing barrier rocks at road crossings along the trail. Most of the work on the upper stretch consists of restoring tread, installing drainage, and replacing structures.

A Forest Service trail crew leader will be on site during project work to direct work. There will also be trail crew on site to perform hand work needed under the direction of the trail crew leader. All materials will be government supplied. However, tread material will need to be hauled by the contractor to ensure that it can be delivered as needed. The project may take 5-9 weeks depending on productivity and weather conditions. Equipment will not be operated when rain or mud on the trail makes it inappropriate to operate. The project may start as early as May 18th or as late as mid July depending on weather conditions and availability. The start date is somewhat flexible and can be adjusted over a two week period to meet the scheduling needs of the contractor. Once the project starts, the work will proceed to completion unless there are weather delays. The work week will be Monday through Friday with a Forest Service staff generally on site by 8 a.m.

C.2 Location

The Pioneer Bridle Trail starts at the Glacier View Trailhead west of Government Camp and Sno-park and ends at the Tollgate Interpretive Site near Rhododendron. The trail covers parts of the old Barlow Road and is adjacent to parts of the old Mt. Hood Highway.

C.3 Purpose

The purpose of the trail is to provide a hike/mountain bike and equestrian trail link between Government Camp and Rhododendron. In the near future, the upper part of the trail would connect to trails that go to Timberline Lodge. In the long-term future, the Pioneer Bridle Trail would connect on the west end to community trails that go between Rhododendron and the City of Sandy and eventually link up with the Springwater Corridor in Boring which links to a regional trail network in Portland.

C.4 Project Description

Perform heavy maintenance on the Pioneer Bridle Trail to restore tread, drainages, and repair structures as needed.

The trail has two sections. The lower section is relatively flat and should be constructed to meet a hiker and mountain bike Trail Class 4. The upper section from Highway 26 to Glacier View Sno-park should be designed to meet a hiker and mountain bike Trail Class 3.

Pioneer Bridle Trail Maintenance PAGE 4

C.5 Design Criteria Upper End

Sustained grade = or < 10% Greatest short gradient (<200”) = or < 15% Turns Keep on gentler terrain Clearing width 2’ ether side of trail Clearing height 8’-9’ Tread width and finish Minimum 24” with generally smooth tread with few protrusions exceeding 3”.

Drainage Culverts, reverse grades and drain dips, ditches and ez-flow.

Switchbacks Several on upper section.

Radius 6’ to 8’.

Bridge See detail below Wet areas Puncheon, drainage, and outslope trail.

ROS class Roaded Natural

C.6 Bridge details

There are two creek crossings with existing bridges. Bridge #1 is 19 foot span. Bridge #2 is 24’ foot span. Each of the two bridges will utilize two exterior gluelam stringers 5 1/8” by 18” – one with a length of 19 feet and one with a length of 24 feet. Stringers will be 4.0 on center and the bridge inside to inside rail width will be a minimum of 5’ 6”. The stringers will be purchased under a purchase contract.

Decking will be a minimum of 4” by 8” treated wood with a running plank of a minimum of 2” by 8” untreated cedar on top. Railing will be 5’ 1” treated 4” by 6” posts with 2” by 8” untreated sloped doug fir rail cap. Bridge design should follow the specifications shown in Standard Regional Bridge Design RA800 for gluelam bridges. Materials will be brought in from the Glacier View Sno-park area and the ski trail along the old Highway grade.

C.7 Equipment use

The following equipment may be used during the project:

1. Mini-Excavator – track mounted with maximum tread width of 5 feet (approximately 8000 lbs) will be used to establish trail bench, dig borrow pits, install drainage dips build up tread and replace structures.

2. Skidsteer loader (Bobcat like machine).

3. Dump truck to haul tread material to established dump sites adjacent to trail

4. Chain saws

5. Mechanized wheelbarrows.

6. Hand tools (shovels, pulaskis, etc.)

C.8 Time of year for construction

Typical operating season is late May to early October.

Pioneer Bridle Trail Maintenance PAGE 5

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.

Pioneer Bridle Trail Maintenance PAGE 6

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

52.246-1 Contractor Inspection Requirements (APR 1984) http://www.arnet.gov/far/�

Pioneer Bridle Trail Maintenance PAGE 7

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)

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

The period of performance of this contract is from issuance of the Notice to Proceed through 90 calendar days.

Pioneer Bridle Trail Maintenance PAGE 8

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATION

(a) CONTRACTING OFFICER’S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer’s Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term “Contracting Officer” as used throughout the contract shall be interpreted to include the Contracting Officer’s designated representative(s) acting within the limits of their delegation of authority.

(b) CONTRACTOR’S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

Pioneer Bridle Trail Maintenance PAGE 9

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 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 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.3 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.4 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.5 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

Pioneer Bridle Trail Maintenance PAGE 10 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.6 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.7 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.8 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.

Pioneer Bridle Trail Maintenance PAGE 11

H.9 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.10 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.11 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

Pioneer Bridle Trail Maintenance PAGE 12 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.

Pioneer Bridle Trail Maintenance PAGE 13

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

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) (Applicable if contract exceeds $30,000)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.216-7 Allowable Cost and Payment (DEC 2002) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 5252.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000) 52.222-41 Service Contract Act of 1965, as Amended (NOV 2007) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.232-7 Payments Under Time-and-Materials and Labor-Hour Contracts (FEB 2007) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 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) 52.243-3 Changes -- Time-and-Materials or Labor-Hours (SEP 2000) 52.244-2 Subcontracts (JUN 2007) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.245-9 Use and Charges (JUN 2007) 52.249-6 Termination (Cost Reimbursement) (MAY 2004) Alternate IV (SEP 1996) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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

Pioneer Bridle Trail Maintenance PAGE 14

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

I.2 AGAR 452.216-74 Ceiling Price (FEB 1988)

The ceiling price of this contract is $37,150. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

I.3 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

Pioneer Bridle Trail Maintenance PAGE 15 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�

Pioneer Bridle Trail Maintenance PAGE 16

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

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

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

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

Pioneer Bridle Trail Maintenance PAGE 17

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

I.4 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)

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

Employee Class Monetary Wage-Fringe Benefits

Equipment Operator WG-10 $30.30 Hourly Wage

(Retirement) 20.4%

(Life & Health Insurance) 3.7%

(Workman’s Compensation) 1.9%

I.5 FAR 52.246-20 Warranty of Services (MAY 2001)

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

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

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

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

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

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

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ARRA REQUIRED CLAUSES (FULL TEXT)

I.6 FAR 52.222-54 Employment Eligibility Verification. (Jan 2009)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply that is—

(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C.

App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), “bulk cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

“Employee assigned to the contract” means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee—

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

“Subcontract” means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

“United States”, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall—

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of—

(i) All new employees.

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(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2) respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of—

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the Contractor’s decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU.

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official.

(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.http://www.dhs.gov/E- Verifyhttp://www.dhs.gov/E-Verifygov/E-Verify

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee—

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

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(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors.

(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that—

(1) Is for—

(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,000; and

(3) Includes work performed in the United States.

I.7 52.203-15 – Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

I.8 52.204-11 – American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a) Definitions. As used in this clause—

“Contract,” as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as ‘‘full-time equivalent’’ (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

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“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as ‘‘full-time equivalent’’ (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at.

https://www.federalreporting.gov/federalreporting/home.do

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

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(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act.

The contractor…