COMMERCIAL_ITEMSsoliciation0489S100477.doc

SOLICITATION NO.: AG-0489-S-10-0477

EROC-NW, Umpqua National Forest Road Brushing and Danger Tree Slash Clean-up

05/07/2010

INFORMATION CALL:

5/25/2010, 4:30 pm

Forest Service, EROC Northwest 16400 Champion Way

Sandy, OR 97055

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UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: % FOR

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SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

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HUBZONE SMALL

NAICS: 115310 BUSINESS

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: 17.5 Million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

Umpqua National Forest 2900 NW Stewart Parkway

Roseburg, OR 97471

16. ADMINISTERED BY CODE

Forest Service, EROC Northwest 16400 Champion Way

Sandy, OR 97055

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

Forest Service, EROC Northwest

16400 Champion Way

Sandy, OR 97055

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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SEE ADDENDUM

Danger Tree Slash Clean-up Umpqua National Forest

Douglas, Lane and Jackson Counties

DUNS:_____________________

TIN:_______________________

Email:______________________ (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

PART I—THE SCHEDULE

BASE ITEMS

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

OPTION A ITEMS

842 SC

14.75

13.24

27.99

854 SM

854 LG

Option B Items

Option C Items

Quantities in the Schedule of Items are estimated. Payment will be made for actual quantities accomplished, based on measurements of successfully completed work.

OPTION ITEMS:

Offerors must offer on all items (Base Items and all Option Items). Exercise of any one or all Options A, B and C may be made by the Government at any time prior to issuance of Notice to Proceed for the Base Items. If the Government elects to exercise an Option, it will be for all items and quantities within the Option. No additional contract time beyond that allowed for Base items will be allowed for completion of Option items. No additional mobilization payment is included with the Options – all mobilization is covered with the Base items.

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.acquisition.gov/far/

CONTRACT CLAUSES

ADDENDUM TO FAR 52.212-4

52.242-14 Suspension of Work (APR 1984)

52.242-15 Stop Work Order (AUG 1989)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) (See Full Text in Section I, I-5, for this Clause) __ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5). (See Full Text in Section I, I-4, for this Clause) X (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (7) [Reserved]

__ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (13) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (16) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

X (18) 52.219-28, Post Award Small Business Program Re-representation (Apr 2009) (15 U.S.C. 632(a)(2)).

X (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

X (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

X(25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

___ (26) Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (See Full Text in Section I, I-7, for this Clause) __ (27)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (30) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (31)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X(38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (39) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract

This contract requires brushing roads, moving logs and cleaning up slash from danger tree falling, and related work in compliance with its terms, specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies and incidentals.

Road Brushing:

Road brushing consists of removing vegetation from within and adjacent to the traveled way of roads that have not been brushed for at least five years, up to approximately fifteen years. Either scattering or chipping of the materials is required, as specified for individual roads. Most, but not all of the roads, will require logging out in conjunction with the brushing and may be inaccessible to vehicle traffic until such work is completed. Danger trees located along the roads to be brushed will require falling to remove unacceptable risk to the Contractor and their employees, and to Government administrative personnel. Approximately 100 miles of road brushing is included in the Base items to be awarded. Additional road brushing up to approximately 158 miles may be awarded with Option items.

Danger Tree Slash Clean-up:

Danger tree slash clean-up consists of removing logs, tops, limbs and other slash from roads associated with the falling of danger trees. This work is conducted in conjunction with falling operations conducted by separate contractor(s) and requires coordination and communication with their personnel. An average of approximately 12 danger trees per mile of road will be felled by the separate contractor(s). Most but not all of the trees are dead snags.

Logs resulting from the falling operation shall be moved to safe locations along the road side, typically 500 feet or less from where they land in the roadway. Most of the logs to be removed will be 42-inches in diameter or less, though some may exceed 60-inches in diameter. Only those trees or portions of trees, and associated slash falling within the roadway, shall require removal.

Slash shall be loaded, hauled and placed in specified disposal areas. Disposal areas will be designated in advance of operations and generally will be located within 5 miles or less of the work areas. This contract will also require conducting traffic control on the roads during both the felling and clean-up operations. The roads are open to public traffic and traffic control requires effective access restriction, both vehicular and pedestrian, as well as providing for safe, intermittent vehicle passage during operations. Approximately 167 miles of road, requiring approximately 10,000 CY-miles of slash hauling and approximately 390 hours of traffic control is included in the Base items. (The CY-mile unit of measurement is one cubic yard of material hauled one-way, one mile.) No additional danger tree slash clean-up work is included in Option items.

C-2 Location and Description

The work is located in Oregon, across all four Ranger Districts of the Umpqua National Forest, within Douglas, Lane and Jackson Counties. Refer to attached road lists and vicinity maps for road locations.

C-3 Technical Specifications Refer to attached specifications in Section J for specific requirements of:

842 – Cutting of Roadway Vegetation

843 – Danger Tree Slash Clean-up

851 – Logging Out

854 – Danger Tree Falling, and

881 – Mobilization.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

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.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E-2 Acceptance Authority for final acceptance under the contract lies with the Contracting Officer. Final acceptance occurs when the Contracting Officer formally notifies the Contractor in writing.

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.acquisition.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, 2011.

F-3 AGAR 452.211-75 Effective Period of Contract (FEB 1988) The effective period of this contract is from date of award through September 30, 2011.

F-4 Commencement, Prosecution and Completion of Work A work schedule shall be prepared by the Contractor, identifying anticipated work periods on specific roads for road brushing. The schedule shall also incorporate anticipated work periods on specific roads for danger tree slash clean-up, based on a danger tree falling operation schedule provided by the Government at the time of contract award. The initial schedule shall cover a minimum period of three (3) months, and be reviewed and finalized at the post-award conference. The schedule shall be verified or revised monthly, incorporating any monthly revisions to the danger tree falling operation schedule provided by the government, and extended as necessary to cover a minimum forward period of three (3) months.

Work shall be scheduled to provide for completion of road segments on a daily basis unless otherwise herein provided. The Government may require the Contractor to finish the portion in progress before additional work is started on an additional portion.

Contractor shall (a) commence work within seven (7) calendar days after the effective date of the Notice to Proceed, (b) prosecute the work diligently and (c) complete the work ready for use within the dates specified in the monthly work schedule.

F-5 Interruption of Work Contractor shall prosecute the work at a rate that will result in completion of all work within the time specified.

The contract performance period has been established with allowances for a variety of delays that should be expected to occur throughout the performance period. These delays may include the following or other similar delays:

· normally occurring inclement weather

· normally occurring adverse road conditions or other adverse access conditions

· normally occurring fire closures

· seasonal shutdowns

· other contractors working in the area

· normally occurring conditions where continued work could cause harm to forest resources These are normal conditions that may limit actual performance. Contract time will run continuously without suspension during periods when no work is performed. Any formal written suspension of work by the COR that is related to the above conditions or other unsuitable working conditions will not include a suspension of the count of contract time.

Contract time will normally not be formally suspended in writing by the COR unless the Contractor fails to suspend their own operations under unfavorable conditions where continued working could cause harm to the completion of the contract intent or harm to other forest resources.

Any formal written suspensions of work by the COR that are related to noncompliance with contract terms will not be construed as suspensions for the convenience of the Government.

F-6 Suspensions of Work for Other than Government’s Convenience The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but be limited to instances such as siltation of streams, damage to access roads, rutting of project areas which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with the specifications, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the convenience of the Government and shall not qualify for an equitable adjustment.

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 15 calendar days after the date of contract award. The conference will be held at the Umpqua National Forest Supervisor’s Office, 2900 NW Stewart Parkway, Roseburg, Oregon, 97471.

G-2 Designation of Contracting Officer’s Representative The Contracting Officer, upon contract award will designate in writing a Contracting Officer’s Representative (COR).

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

The Contracting Officer should be informed as soon as possible or 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 assignments which were issued by the COR provided they do not affect the delivery schedule or the performance period stated in the contract.)

On all matters that pertain to the contract terms, Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, 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 Prosecution of Work – Work Hour Limits Contractor shall conduct activities so that interference with the public shall be kept at a minimum.

All work shall be conducted between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, unless otherwise approved in writing by the COR.

Dead-end roads designated for brushing may be closed by the Contractor during active work periods. On other roads designated for brushing, and on all roads designated for danger tree slash clean-up, Contractor is authorized to delay traffic not to exceed 30 minutes.

H-2 Use of Premises a.

General: Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in a manner that will not interrupt or interfere with the conduct of Government business.

b.

Camps: Before any camp or storage site is opened or operated on National Forest land or lands administered by the Government, written permission shall be obtained through the Government. Camp is interpreted to include the campsite or trailer parking area of any employee or subcontractor working on the project. Such permission, if granted, will be without charge to the Contractor.

c.

Temporary storage/parking of equipment: Contractor is required to obtain written permission prior to parking equipment in locations other than the currently active work area. Appropriate care will be taken to prevent any fuel spills or leaks from the equipment. Such permission, if granted, will be without charge to the Contractor.

H-3 Use of Roads by Contractor Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites for all activities necessary to complete this contract. This authorization is subject to the limitations described below, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

The roads authorized for use will be subject to the following provisions:

(a) The current National Forest Road Use Rules Document is applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of this contract. Copies are available upon request.

(b) Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions to those shown in the current Road Use Rules Document and will be posted on the road.

H-4 Motorized Equipment Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer or as elsewhere provided herein.

H-5 Traffic Control, Barricades, Warning Signs and Other Devices Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars and other traffic control devices and shall take all necessary precautions for the protection of the work and safety of the public. Barricades and other obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. All operations shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD).

Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points, where the new work crosses or coincides with an existing road or trail.

Mark hazards incidental to the work within or on the traveled way, shoulders or turnouts with hazard identification markers, illuminated beacons and other MUTCD devices to safely guide road users through the area. Mark work segments not completed on a daily basis appropriately for night travel. Obtain authorization before commencing work at night.

Advisory speed plates may be used to control traffic through the work area.

Provide properly equipped, trained and certified, flag person(s) where the traffic is required to stop before proceeding. Stop traffic in locations which provide width enough for passage of traffic and reasonable protection for vehicles. When flag control is used, advance warning signs are required.

H-6 Special Requirements for Water Drafting Equipment Water drafting equipment may be used only at water sources approved by the Contracting Officer. Such equipment shall include a screen around the intake (foot valve) with openings no larger than one-eighth inch. Materials must be readily available and appropriate measures taken to prevent petroleum products from entering the water source.

H-7 Special Equipment Cleaning Requirements All heavy equipment (tractors, brushing attachments, loaders, excavators, dump trucks, etc.) moved to the project shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands and prior to each departure from a project area. “Project area” means individual roads or groups of roads in close geographical proximity to one another on which work is conducted. Cleaning shall consist of the removal of all dirt, grease, debris and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose.

Equipment shall be made available for visual inspection by the Forest Service prior to entering Forest Service lands and prior to departure from a project area. Contractor shall advise of a proposed date for mobilization to the project or demobilization from a project area. Inspections will take place at mutually agreeable en-route locations in advance of entry onto National Forest lands.

Special care shall be taken to assure removal of the following noxious weeds and their seeds:

Spotted knapweed (Centaurea maculosa)

Diffuse knapweed (C. diffusa) Yellow starthistle (C. solstitialis)

Gorse (Ulex europaeus) Rush skeletonweed (Chondrilla juncea)

Tansy ragwort (Senecio jecobaea) Purple loosestrife (Lythrum salicaria)

Distaff thistle (Carthamus lanatus) Scotch broom (Cytisus scoparius) H-8 Landscape Preservation and Hazardous Materials (a) Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements:

1.

Landscape Defacement Prevention. Contractor shall not remove, deface, injure or destroy trees, shrubs, lawns or natural features unless specifically authorized by the Government. Unless otherwise provided in the Special Project Specifications, Contractor shall confine contract operations to within the areas designated in contract documents.

2.

Protection of Streams, Lakes and Reservoirs. Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds and reservoirs with fuels, oils, bitumen’s, dust palliatives, silt or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Government.

(b) Contractor shall confine operations to within the work area limits, immediate work area, or other areas designated in the 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.

Contractor shall make all reasonable attempts to preserve the scenic and natural environment within and adjacent to this project.

(c) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs and other surface waters.

1.

Wash water or waste from concrete, aggregate or other 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.

(d) No petroleum products or other hazardous substances shall be released on or into land or rivers, streams, impoundments or other waters, or into natural or manmade channels leading thereto or there from. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. Contractor shall transport off government lands all waste oil, vehicle oil filters (drained of free-flowing oil) and oily rags and shall dispose of such materials in accordance with applicable State and Federal regulations.

1.

If the total on-site oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare and implement 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. This plan shall include notification of appropriate state and local officials, the Contracting Officer and other appropriate agencies.

2.

At all on-site work areas (including Contractor storage, transfer, fueling, mixing sites, etc., for oil, oil products or any hazardous materials), Contractor shall take appropriate preventive measures to insure that any release of hazardous products does not enter any stream or other waters of the United States or any of the individual States and shall conform to the federal, state and local regulations. Planned spill containment locations in stream courses shall be established prior to commencement of work activities. These locations will be reviewed by the Contracting Officer or representative. When deemed appropriate additional planned preventive measures shall be established for review by the Contracting Officer or representative.

3.

The Contractor, acting independently, shall immediately take action to notify the appropriate agencies including the Contracting Officer, and to contain and clean up, without expense to the Government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the Contractor's employees, directly or indirectly.

Contractor shall have the necessary materials on site to contain a spill which may occur on land or within live streams as appropriate for any potential flow conditions likely to occur. This may require absorbent pads and/or booms, or other containment devices. In the event the Government determines that additional resources beyond those of the Contractor's are required, the Contractor may be held liable for all damages and costs including, but not limited to additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean-up of petroleum products or other hazardous substance releases caused by Contractor's employees or resulting from or related to construction operations.

4.

Contractor shall notify the Contracting Officer of any hazardous materials to be used on the job and shall have Material Safety Data Sheets (MSDS) for those materials available on the job.

H-9 Hazardous Material Spill Clean-Up Kit A hazardous material spill clean-up kit shall be maintained and readily available for potential use on the project at each work site. Spill clean-up kits shall contain the following items as a minimum:

· 1 case absorbent pads suitable for absorbing hydraulic fluid, engine oil and fuel

· 1 gallon "Plug-a-Dike" or equivalent material

· A five-gallon mixing container

· 60 feet of 6-inch diameter absorbent, floating booms for absorbing hydraulic fluid, engine oil and fuel from a water surface H-10 Protection of Botanical Resources Previously unknown or unlisted populations of Protected, Endangered, Threatened or Sensitive (PETS) plant species, or potential habitat for PETS species, may be located within contract project boundaries. The modification of contract specifications may be required to protect previously unknown PETS plant populations.

(a) Government's Responsibility - The Government will identify, as they become known, locations of PETS species that the Contractor could encounter in the progress of work under this contract.

(b) Contractor's Responsibility - Contractor shall protect these areas that contain PETS species, as directed in writing by the Government.

H-11 Hazardous Conditions Safety Plan 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. Contractor shall provide a written job-specific hazard analysis and safety plan that addresses and conforms to the requirements of 29 CFR 1910 and 1926 and the clause entitled Accident Prevention (FAR 52.236-13) included herein. 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.

· tree bucking/limbing

· fall hazard from work heights exceeding six feet

· traffic control on high-volume and/or high-speed and/or limited visibility roads

· heavy equipment operation

· fire hazards

· hazardous materials handling

· hydraulic and/or pneumatic and/or other high pressure hazards

· mechanical hazards such as pulleys, springs etc.

H-12 Submittals The following submittals are required for this project:

Title

Designation of Representative

R6-FS-6300-6

(FAR 52.223-6)

N/A

H-13 Salvage Rights No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

H-14 Excavation All excavation, including any slide removal, is non-classified.

H-15 Legal Relations and Responsibilities a.

Government's Responsibility for Utilities 1.

The Government will notify all utility companies or other parties affected and make arrangements for all necessary adjustments of the public or private utility fixtures, pipelines, and other appurtenances affected by work under the contract.

2.

The Government will identify, on individual task orders, known locations of underground installations other than culverts and drains the Contractor could encounter in the progress of work under the contract; typically telephone cables, water supply pipes, and induction loops within the pavement.

b.

Contractor's Responsibility for Utilities

1.

In the event of interruption to utility services because of accidental breakage the Contractor shall promptly notify the utility authority and shall cooperate with that authority in the restoration of service.

H-16 Terms, Organization and Standards These specifications are generally written in the imperative mood. In sentences using the imperative mood, the subject "the Contractor," is implied. Also implied in this language is "shall," "shall be," or similar words and phrases. In material specifications, the subject may also be the supplier, fabricator or manufacturer supplying material, products or equipment for use on the project.

Whenever "directed," "required," "prescribed" or similar words are used, the "direction," "requirement" or "order" of the Contracting Officer (CO) is intended. Similarly, whenever "approved," "acceptable," "suitable," "satisfactory" or similar words are used, they mean "approved by," "accepted to" or "satisfactory to" the CO. The word "will" generally pertains to decisions or actions of the CO.

H-17 Notification of Subcontracting Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The notification shall include as a minimum:

1.

The name, address and telephone number of the subcontractor.

2.

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

3.

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

4.

Documentation of the subcontractor's representative authority.

5.

Documentation of any required licenses.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I-1 FAR 52.252-2Clauses 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.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

See FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Order – Commercial Items (APR 2010) on page 5.

I-2 52.204-7 Central Contractor Registration (APR 2008) (a) Definitions. As used in this clause—

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

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

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

“Registered in the CCR database” means that—

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

(2) 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…