RFP_INSP_SVC REVISION 1.doc

SERVICE RFP

AG-0489-S-10-0472

INSPECTION SERVICES

UNDER DPAS (15 CFR 700)

PAGES

379746

FORMCHECKBOX

NEGOTIATED (RFP)

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

SOLICITATION

(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.

11. TABLE OF CONTENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

X

OTHER STATEMENTS OF OFFERORS

X

SPECIAL CONTRACT REQUIREMENTS

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.

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.

(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

OFFER (Type or Print)

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

18. OFFER DATE

IS DIFFERENT FROM ABOVE - ENTER

FORMCHECKBOX

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

FORMCHECKBOX

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

FORMCHECKBOX

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

TONYA RYMER

(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)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

TOTAL

*NOTE: The Government reserves the right to add work (via modification) for additional work should funds becomes available to do so. You will need to provide a unit price for a day’s work with your offer for management of workload and for adding future work. See Section L.

**NOTE - Please refer to section C.10 and the list of projects (Attachment 4, Section J) for an estimate of the time required for each project. The time is merely an estimate (for planning purposes) of the amount of work the contractor can expect and as a multiplier for setting the total fixed price of this contract.

Duns#

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 GENERAL SCOPE OF CONTRACT

The Olympic and the Mount Baker Snoqualmie National Forest has a number of potential Inspection work opportunities for contract personnel to assist the Forests in accomplishing the necessary Inspection and accomplishment of numerous projects. The Forests anticipates that 12 projects for inspection will be implemented during this period of time. We currently do not have sufficient, local, qualified, Agency, contract inspectors to handle this program of work. In order to successfully complete this program of work, a number of additional, knowledgeable, experienced and qualified construction inspectors are required.

The intent of this contract is to obtain the engineering services listed below, in accordance with the attached specifications and exhibits. The contractor shall provide any and all labor, equipment, tools, transportation, and supplies necessary to perform road maintenance and construction inspection services, assist in the identification and mitigation of roadside hazards and to complete scheduled maintenance and construction/reconstruction projects. This work will be performed on the Olympic and the Mount Baker Snoqualmie National Forest. The Performance-Based Statement of Work shall consist of inspecting the completed ordered projects (listed in section J) by construction contractors working under other service/maintenance. Construction contracts will use specifications from the U.S. Department of Transportation, Federal Highway Administrations FP-03 “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects. The awarded contract and task orders shall constitute the entire agreement including all terms and conditions applicable to the contract.

Prior to the start of any work, the Government will review the qualifications and experience for all Contractor personnel and determine whether these personnel are sufficiently qualified and experienced to fill any of these positions. This Government determination will be conclusive.

C-2 DESCRIPTION OF SERVICES

This contract requires the temporary services of Construction Inspectors to assist the Government with road construction contracts and related work in compliance with its’ terms, specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals. Inspectors shall provide contract inspection services pursuant to the Forest Service Handbook 6309.11 (Contract Administration) and is directly responsible to a Forest Service Contracting Officer’s Representative (COR). Inspector must be knowledgeable with Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03), USFS Timber Sale Roads Contracts, and the Construction Standards Institute (CSI) requirements. Inspector’s (preferably) must have been previously certified under the USFS NCCP (National Construction Certification Program) or Federal Highway Administration as a COR or ER.

Construction – Engineering Project Inspector

Performs any of the following duties in Construction Inspections:

Represent the Contracting Officer Representative (COR) in securing Contractor’s compliance with project contractual technical specifications drawings work schedules, labor standards and provisions.

Notify the Contractor and COR of deviations from the contract requirements.

Notify the COR when the Contractor fails or refuses to comply with the requirements of the contract or refusal or failure to take corrective action.

Refer any questions of interpretation of the technical specifications or drawings to the COR.

Issues Notices of Non-Compliance (Form FS 6300-12, Work Order and Notice of Non-Compliance) to the contractor when work requirements are incomplete or materials furnished are not in compliance with contract specifications.

Maintain Contract Daily Diaries of all occurrence or developments which occur while Inspecting the project (Form FS 6300-20 and Form FS 6300-21) and provides copies of work orders and inspection records to the COR..

Keep records of quantity measurements for each Pay Item and provide copies to the COR and document in the Daily Diaries..

Charts project progress and compares to project work schedules.

Anticipate change orders and informs the COR.

Arrange periodic conferences with the Contractor or the Contractor’s Representative when warranted.

Issue Suspend Work Orders (Form FS 6300-8) when safety hazards occur and are not immediately corrected.

Additional duties associated with, and support of the project may be assigned by the COR as needed from time to time.

Road Maintenance and Construction Inspectors

This position’s duties consist of, but is not limited to;

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

The position also consists of any new construction projects such as, but not limited to, road construction or reconstruction, bridge construction, subgrade reinforcing, construction of welded wire walls or similar fill or cut retention support structure, stream crossing structures that are more complex than culvert replacement and less complex than bridges, etc. Contractor shall inspect all work required to maintain the facilities in accordance with drawings and specifications of the contract. Inspectors shall provide contract inspection services pursuant to the Forest Service Handbook 6309.11 (Contract Administration) and is directly responsible to a Forest Service Contracting Officer’s Representative (COR). Inspector must be knowledgeable with Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03), USFS Timber Sale Roads Contracts, and the Construction Standards Institute (CSI) requirements. Inspector must have been previously certified under the USFS NCCP (National Construction Certification Program) as a COR or ER. A Daily Diary (FS-6300-20) shall be completed for every visit and submitted by the end of the week to the COR for review. Contractor must provide notification to the Contracting Officer of any existing or pre-existing relationship with the construction contractor prior to acceptance of the Notice to Proceed.

C-3 WORK LOCATION

Contract personnel will primarily be working in various field locations on National Forest lands within the Olympic and the Mount Baker Snoqualmie National Forest.

Occasional work will be in the Olympic and the Mount Baker Snoqualmie S.O.to prepare receive contract packages and sit in on Pre-Work meetings, obtain instructions, assignments, discuss problems, etc.

It is estimated that approximately 80% of the work is in the field and 20% office.

The Contractor may be required to Remain Over Night (RON) during assignments. The contractor will be reimbursed for their travel, lodging and per diem in accordance with the current Federal Travel Regulations. 5 days of overnight travel is anticipated for the Olympic N.F. Misc. Projects.

C-4 WORK SCHEDULE and HOURS This work may either be continuous or intermittent during the normal construction season of July through October of each year. Weather conditions suitable for ground excavation are normally expected through these dates.

This is a ‘call when needed’ contract where work hours could range from 0 to 10 hours per day or 0- 40 hours or more per week.

The typical ‘day’ will vary from 8-10 hours including travel time. No overtime will be paid. All work hours will be straight time even if over 8 hours per day or 40 hours per week. This will primarily be a Monday through Friday workweek.

Work hours commence and end at the daily, assigned work site- be it the Olympic National Forest S.O., Sol duck R.S., Quinault R.S., Quilcene R.S. and the Hoodsport Ranger District, MBS National Forest S.O., Snoqualmie R.S., Darrington R. S., Mt. Baker R.S, and the Skykomish Ranger Station and field work site, etc.

Work shall commence on each project with the issuance (by the CO) of the Notice to Proceed and terminate by completion of the task or as instructed by the COR. Issuance of the Notice to Proceed, however, does not necessarily mean that the project will immediately commence.

Occasionally work may be terminated because of factors outside the control of the inspection contractor such as; an accident occurs during implementation, a significant adverse weather event occurs that shuts down Project, etc. In these situations, the Contractor inspector will not work a full 8-10 hour day. As a result, inspection that day might be less than the minimum 8 hours per day required of the contractor responsible to implement the inspection.

It is expected that work on these projects will be variable from project to project and the inspectors will be working more than one project at a time. Inspectors will be required to maintain Daily Diaries by project and track their time on each accordingly.

C-5 CONTRACTOR REQUIREMENTS including EQUIPMENT and TRAVEL

1. Contractor shall provide and utilize their own field gear including cell phone, etc. and all Personal Protective Equipment (PPE) sufficient to achieve all required State and Federal Safety and Health requirements,

2. The Contractor may be required to Remain Over Night (RON) during assignments. The contractor will be reimbursed for their travel, lodging and per diem in accordance with the current Federal Travel Regulations.

3. Contactor may operate Government-owned vehicles after receiving a Government Driver’s License. The Contractor shall provide insurance coverage for the vehicle, personal and property damage.

4. Contractor is required to keep a daily log of clock hours worked (including separate travel hours) with their invoice. This is a firm fixed price contract; however the Government is gathering this hourly data for possible future needs.

5. Under no circumstances will the Contractor be on a government facility without the knowledge and approval of government personnel. Contractor will be required to wear any required identification badges.

6. Contractor shall daily inform Government when they start and end work. The method of doing so shall be determined by the COR.

7. Hold Harmless and Indemnification Agreement. The Contractor shall save and hold harmless and indemnify the Government against any and all liability, claims, and costs of whatever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work under the terms of this contract resulting in whole or in part from the negligent acts or omissions of Contractor and subcontractor, or any employee, agent, or representative of Contractor or subcontractor.

8. Damage to Government Property from Causes other than Contractor’s Negligence. Nothing in the above paragraphs shall preclude the Government from receiving the benefits of any insurance the Contractor may carry which provides for indemnification for any loss or destruction of or damage to Government property in the custody and care of the Contractor. The Contractor shall do nothing to prejudice the Government’s right to recover against third parties for any loss, destruction of, or damage to Government property and shall furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and execution of instruments or assignments in favor of the Government) in obtaining recovery.

9. Responsibility for Government Property. The Contractor shall assume full responsibility for and shall compensate the Government for any and all loss or damage whatsoever to any and all Government property, including any equipment, supplies, accessories, or parts while in his/her custody or care for storage, repairs, or services to be performed under the terms of this contract, resulting in whole or part from negligent act or omissions of Contractor and subcontractor or any employee, agent, or representative of Contractor or subcontractor.

10. Required Physical Fitness Level: This work requires some physical exertion such as long periods of standing, walking, bending, stooping, reaching and carrying moderately heavy items, over rough uneven rocky mountainous terrain. If the contractor is not physically fit to handle this work the Government may choose to not accept or terminate such employees. The contractor manager should verify physical fitness and medical clearance prior to offering their services.

C-6 RESTRICTION and STANDARDS of CONDUCT

1. The Contractor and its employees shall conduct only business covered by this contract during periods paid for by the Government and will not conduct any other business on Government premises. Contractor employees shall abide by normal rules and regulations applicable to the Government premises on which they work, including any applicable safety and security regulations as well as any measures necessary to verify Contractor labor hours.

2. In the performance of this contract, the contractor and its employees may have access to sensitive data including, but not limited to, Tax Identification Numbers, Social Security Numbers, and other data. No unauthorized disclosure or use of such information will be permitted. The contractor shall adhere to the same ethical standards of conduct as employees, 5 CFR 2635, with respect to use and disclosure of information.

3. Failure to follow the COR’s direction or contract requirements or this contract’s requirements are grounds for termination of this contract, the offending Contractor or one or more of a Contractor’s employee(s).

C-7 GOVERNMENT FURNISHED PROPERTY

1. Office space may or may not be available at the district office during each job. The Government is not required to provide such space. Coordination for ALL use of space and equipment must be made with the COR.

2. Government will provide Contractor with miscellaneous field equipment and supplies such as ribbon, paint, nails, posters, etc. The Government (at its’ discretion) MAY provide some field equipment such as GPS, measuring tape, FS radio, stapler, camera, etc.

3. The Government MAY provide the use of 1, desk or laptop, computer (if available) for writing diaries. This computer cannot be utilized outside the Olympic and the Mount Baker Snoqualmie Nation Forest. If such a computer is provided, Contractor SHALL abide by all Government security and use requirements.

4. The Government will provide Contractor copies of plans, specifications, contracts, maps, aerial photos, etc, which is property data and shall not be shared with anyone other than the Contractor (on each Project) and the Government.

5. Blank Daily Diary forms or if Contractor wishes to use own computer and electronic version. (see attachments)

C-8 GOVERNMENT RESPONSIBILITIES

1. The Government will provide Contractor a minimum 12 hour notice of the potential for work the following day.

2. The Government will provide information as to requirements in filling out Daily Diaries or other paperwork.

3. The Government will provide some minor office and, or field training on the general requirements of completing this work for the Government.

4. The Government will establish the standards of accuracy, thoroughness, detail, how requirements will be met, etc. at the time of project assignment.

5. The Government will hold weekly meetings and provide the contractor daily or weekly plans as to how the work will proceed, depending on project schedules and expected upcoming workload. The contractor will not be required to obtain this information from the awarded contracts or track the contractor’s milestone schedules to determine when they should be on site. The amount of time spent on each project will be determined by the government and not the contractor. Should the contractor feel additional time is warranted it must be approved by the COR.

C-9 GOVERNMENT QUALITY CONTROL PLAN & SURVEIILANCE PLAN

QUALITY CONTROL PLAN:

The purpose of the quality control plan is to insure the contractor, who is managing the Construction Inspectors, has control and oversight over the work of their employees and can provide the Government the means for doing so. This should not require additional on the ground assets but rather a system for managing performance.

To clarify:

The Government will provide project management oversight of the inspectors provided for the deliverables in this contract. The contractor manager (or Management Company) who is awarded this contract will simply provide the inspectors and insure they are performing per the specifications of the contract and be responsible for proper invoicing and management of their personnel (ie insuring that personnel are at work on time, providing accurate input to invoices, maintaining ethical standards of conduct, etc.) This is the intent of the quality control portion of this contract. The intent is not for the management company to have additional engineers/technical personnel overseeing those on the ground with the Government (which would be cost prohibitive to this contract and redundant). Should the company and the person doing the inspecting be one and the same they will be responsible for quality control provided to the Government for their own work.

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 accept an invoice for payment.

QUALITY ASSURANCE SURVEILLANCE PLAN:

1. The COR will periodically evaluate the Contractor’s performance through intermittent on-site inspections or review of submitted paperwork or interviewing contractor employees that this Contractor is inspecting.

2. 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.

3. Acceptance will be determined by a physical or visual inspection of the work performed and will be based on adherence to requirements stated in the specifications.

4. The contractor should have their own quality control plan for oversight of the work.

C-10 MEASUREMENT and PAYMENT

1. Invoices may be submitted monthly or at the completion of a project and must have attached Daily Diaries for that period of time. All line items used should be submitted on the invoice, with number of days worked for each, as verifiable via daily diaries. Payment will be made on the % of work completed for that line item. COR will be responsible for verifying the days worked per project.

2. Invoices must be submitted to both the COR and the designated billing office to initiate payment. COR will sign and date contractors invoice (and include IAS receipt) to be faxed or mailed to designated billing office in a timely manner.

3. Payment will be made within 30 days of an approved (by the COR) and accurate invoice received at the designated billing office. Data requirements necessary for the invoice will be shown on the award letter.

4. Discrepancies and uncertainty of work performed may require additional verification by the contractor.

5. No partial days will be paid. It is expected that the contractor will work on 1-2 sites per day and will be required to track the time and location on the daily diaries accordingly.

6. No payment will be made for unacceptable work.

7. Travel reimbursement is only available under line item 2 and is not expected to exceed the amount allocated. However funds for services within that line item may be modified should overnight be longer than estimated.

8. Contractor will be required to provide the Government 328 days of work regardless if the project is completed in a shorter time than expected. The Government has additional projects within the forest to supplement the workload should that occur. In the event that the projects are expected to go over the amount of days estimated the contractor should notify the Government immediately upon knowledge of such an occurrence (as the budgets are set for some projects and cannot be modified) to determine whether inspection services work is to continue or stop work on that project.

9. SCHEDULE OF WORK

(PLEASE RETURN THIS PAGE WITH YOUR OFFER, SEE SECTION L)

$600.00

C-11 PERFORMANCE STANDARDS

The following are the Contract Performance requirements:

1. Reviewed Contract plans are approved with only a few minor changes but no significant changes.

2. Field layout achieves standards of accuracy as identified at time of project assignment

3. Contractor shall monitored all work such that they are safely accomplished while achieving all project objectives and Government interests.

4. Daily Diaries are completed for each work day and these Diaries or reports are factual, accurate, thorough , detailed, complete and contain all required information as directed by the COR including time spent on the site.

5. Contractor will submit Daily Diaries on a weekly basis (or other Government determined schedule).

6. No payment will be made for unacceptable work.

7. Follow all COR verbal and written direction

8. Contract inspector is intermittently on job site when construction starts work (unless otherwise agreed by COR)

This is a performance based statement of work therefore poor performance can result in one or more of the following:

1. Contract may be terminated for repeated deficiencies

2. One or more Contractors or one or more of Contractor’s employees may be terminated

3. Contractor may receive a poor performance rating for this contract;

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

5. Government may withhold partial, or full, compensation

6. Contractor may be required to replace lost or damaged Government property or reimburse the Government for such items.

C.12 – PROSECUTION OF THE WORK

The capacity of the Contractor's forces employed shall at all times during the continuance of the contract be subject to the approval of the Contracting Officer and shall be such as to assure the completion of the work within the specified period of time. To the extent stated in the specifications, the Contracting Officer Representative shall have the right to select the sequence in which the individual work will be completed. If work is seriously or chronically deficient, the Contractor's right to proceed may be suspended until the performance problems can be resolved and work may resume.

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

The nature of this work is not continuous (40 hours per week, 52 weeks a year) and the Government does not guarantee that all employees of the contractor will be employed at all times. The Government will make every effort to inform the contractor of plans and project windows so that the contractor can plan and have personnel available.

C.13 – DELIVERABLES – Return all of the following:

1. All Daily Dairies Forms FS-6300-20 and FS-6300-21 - Due COB at the end of each week.

2. All Work Orders and Notice of Non-Compliance Forms FS-6300-12 - Due the next day after signatures.

3. All Suspend Work Orders Forms FS-6300-8- Due the next day after signatures.

4. Copies of personal notes of the project or diaries. Due COB at the end of each week.

5. All contracts packages and plans at the end of the contract.

6. All Government furnished materials and equipment at the end of the contract.

7. All documents and letters given to you by the Contractor. – Due the next day.

8. All time expended for each week for each project. - Weekly

9. Participate in all weekly meeting on Monday Morning.

SECTION E--INSPECTION AND ACCEPTANCE

E-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E-2 AGAR 452.246-70 Inspection and Acceptance (FEB 1988)

(a) The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed on the project unless otherwise agreed to.

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

F-2 AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from DATE OF AWARD through SEPTEMBER 30, 2013 or completion of projects on the contract.

F-3 FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within __30 DAYS___; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60__ days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years (September 30, 2014). (The purpose for this extension is to cover awarded project areas which may not have cured sufficiently in the time that this contract was active.)

(End of Clause)

F-4 FAR 52.217-7 -- Option for Increased Quantity -- Separately Priced Line Item. (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor at any time from date of award or no later than September 2012. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (This will allow additional hiring of inspectors should they become available and submitted by the contractor.)

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within approximately 15 days after the date of contract award. The conference will be held via telephone with the CO and COR and contractor has the option to be present at Wild Rivers Ranger District or call in.

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.

See Section C and G of this contract titled Government Furnished Property.

G-3 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate the Contracting Officer's Representative (COR) at time of award of this contract.

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

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

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Construction Inspector specifically hired under each contract, no substitutions unless authorized by the Government as described below.

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

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

H-2 GOVERNMENT-FURNISHED PROPERTY & INDEMNIFICATION OF THE GOVT.

The Contractor shall be responsible and accountable for Government property furnished to the Contractor for contract performance. A temporary property receipt signed by the contractor will be required on all government property provided.

Responsibility for Government Property. The Contractor shall assume full responsibility for and shall compensate the Government for any and all loss or damage whatsoever to any and all Government property, including any equipment, supplies, accessories, or parts while in his/her custody or care for storage, repairs, or services to be performed under the terms of this contract, resulting in whole or part from negligent act or omissions of Contractor and subcontractor or any employee, agent, or representative of Contractor or subcontractor.

Hold Harmless and Indemnification Agreement. The Contractor shall save and hold harmless and indemnify the Government against any and all liability, claims, and costs of whatever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work under the terms of this contract resulting in whole or in part from the negligent acts or omissions of Contractor and subcontractor, or any employee, agent, or representative of Contractor or subcontractor.

Damage to Government Property from Causes other than Contractor’s Negligence. Nothing in the above paragraphs shall preclude the Government from receiving the benefits of any insurance the Contractor may carry which provides for indemnification for any loss or destruction of or damage to Government property in the custody and care of the Contractor. The Contractor shall do nothing to prejudice the Government’s right to recover against third parties for any loss, destruction of, or damage to Government property and shall furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and execution of instruments or assignments in favor of the Government) in obtaining recovery.

Contractor Employee Liability Insurance. Due to the nature of this work it is highly recommended that contract employees carry a high level of liability insurance.

H-3 – INHERENTLY HAZARDOUS CONDITIONS SAFETY PLAN CERTIFICATION

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

( ) confined space entry

(X) Temporary excavation/slope stability

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

(X) Tree felling

(X) Fall hazard from work heights exceeding six feet

( ) blasting

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

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

(X) Heavy equipment operation

(X ) suspended loads

( ) tree climbing and/or tower climbing

() Fire hazards

( ) hazardous materials handling

( ) electrical hazard

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

( ) mechanical hazards such as pulleys, springs, etc

( ) aircraft/aerial services

Additional project specific hazards, not all inclusive:

(X) a. Limited site distance

(X) b. Equipment in roadway

(X) c. Soft road shoulders

(X) d. Steep terrain

(X) e. Severe weather conditions

(X) f. Overhead hazards

() g. Smoke and burning hazards

H-4 – PUBLIC OFFICIALS NOT PERSONALLY LIABLE

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

H.5 – NOTIFICATION OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum and be documented on an SF-1413 form requested by the Contractor:

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

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

. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract. The subcontractor may only work upon the express permission to do so by the COR.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)

52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)

52.215-2 Audit and Records -- Negotiation (JUN 1999)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)

52.222-41 Service Contract Act of 1965, as Amended (JUL 2005)

52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.232-1 Payments (APR 84)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-17 Interest (OCT 2008)

52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-13 Bankruptcy (JUL 1995)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (DEC 2009) 52.245-1 Property Records (JUN 2007) 52.246-25 Limitation of Liability—Services (FEB 1997)

52.248-1 Value Engineering (FEB 2000)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

452.204-71

PERSONAL IDENTITY VERICATION OF CONTRACTOR

EMPLOYEES (OCT 2007)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor’s employee, the contracting officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor.

Employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the Contracting Officer Representative (COR), unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from – hours and days to be provided at pre-work to the contractor. Wild Rivers Ranger District office and COR will coordinate registration of contractor. The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor’s responsibility to meet all aspects of paragraphs (c), (d), and (e).

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

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

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

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

“Registered in the CCR database” means that—

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

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

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

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

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

(1) An offeror may obtain a DUNS number—

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

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S.