a. Solicitation AG-04R3-S-12-0006.doc

AG-04R3-S-12-0006

Offeror to complete blocks 12, 17, 23, 24, & 30

LOCAL TIME 4:30 PM

INFORMATION CALL

Joe Platz/ Gavin Smith

541-962-8571/ 541-278-3844

5/09/2012 4:30 PM

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UNRESTRICTED

SET-ASIDE. 100 % FOR

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SEE SCHEDULE

SMALL BUSINESS,

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HUBZONE SMALL BUSINESS

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13a. THIS CONTRACT IS A RATED ORDER

8(A)

UNDER DPAS (15 CFR 700)

SOLE SOURCE

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DISABLED VETERAN

13b. RATING

RFQ

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IFB

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RFP

USDA Forest Service 2517 SW Hailey Ave.

Pendleton, OR 97801 Same as Block 9

FACILITY CODE

The National Finance Center

P.O. Box 60000

New Orleans, LA 70160-0001

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

IS CHECKED: FORMCHECKBOX

SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

NOTES: Work activities are subject to both the Service Contract Act and minor amounts of Non Commercial.

AGAR 452.216-73 MINIMUM AND MAXIMUM

CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,000 , but not in excess of $999,999.00 .

See Instructions For Submission of Offers on Page 39

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27a. solicitation incorporates by reference FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5 and Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

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27b. contract/purchase order incorporates by reference FAR 52.212-4. FAR 52.212-5 AND Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

28.

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AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED (BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ( FAR (48 CFR) 53.212

hrs

TOTAL ALL ITEMS

32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________

32.g E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

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PARTIAL FORMCHECKBOX

FINAL

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

STANDARD FORM 1449 (REV. 4/2002) BACK

1SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

6Description/Specifications/Statement of Work

7Location

7Tasks for the Meadow Creek Project portion

8Tasks for the Battle Creek Project portion

9Work Schedule and Equipment Specifications:

10Log and Boulder Quality

10Mobilization

11Inspection and Acceptance

1152.246-1 Contractor Inspection Requirements. (APR 1984)

1152.252-2 Clauses Incorporated by Reference. (FEB 1998)

11Deliveries or Performance

1152.242-14 Suspension of Work. (APR 1984)

1152.252-2 Clauses Incorporated by Reference. (FEB 1998)

1252.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)

1252.216-18 Ordering. (Oct 1995)

12Task Order Issuance

1352.216-19 Order Limitations. Order Limitations (Oct 1995)

1452.216-22 Indefinite Quantity Indefinite Quantity (Oct 1995)

1452.216-27 Single or Multiple Awards (Oct 1995)

14Contract Administration Data

14PUBLIC OFFICIALS NOT PERSONALLY LIABLE

15DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

15452.215-73 Post award Conference. (NOV 1996)

15Special Contract Requirements

1552.252-2 Clauses Incorporated by Reference. (FEB 1998)

1552.236-13 ACCIDENT PREVENTION (NOV 1991)

15SAFETY

16NOXIOUS WEED CONTROL

16AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORICAL SITES (FEB 1988)

16AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

17AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

18FINAL CLEANUP

18CERTIFICATION OF COMPLIANCE

18452.237-74 Key Personnel. (FEB 1988)

18Contract Terms and Conditions

1952.204-7 Central Contractor Registration. (FEB 2012)

1952.233-3 Protest after Award. (AUG 1996)

1952.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

1952.243-1 Changes - Fixed-Price. (AUG 1987)

1952.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

19Contract Terms and Conditions—Commercial Items (Feb 2012)

24Alternate I (Oct 2008).

3152.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (Apr 2012)

3652.216-31 Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition (Feb 2007)

3752.244-6 Subcontracts for Commercial Items. (DEC 2010)

38452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

38List of Documents, Exhibits, and Other Attachments

39Instructions to Offerors

3952.212-1 Instructions to Offerors—Commercial Items (Feb 2012)

42EVALUATION, NEGOTIATION AND AWARD PROCESS

43Award Statement

4352.212-2 Evaluation - Commercial Items. (JAN 1999)

44Evaluation Board Criteria:

4552.215-5 Facsimile Proposals. (OCT 1997)

4652.216-1 Type of Contract. (APR 1984)

47Representations, Certifications, and Other Statements of Offerors or Respondents

4752.212-3 Offeror Representations and Certifications-Commercial Items. (APR 2011)

59AGAR 452.209 – 70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) (FEB 2012)

59AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS

Description/Specifications/Statement of Work

3 Year IDIQ For Stream and Riparian Restoration & Road Decommissioning The Government anticipates creating a pool of qualified contractors (3-4) to perform the following activities for the next three years on a task order basis under a time-and-materials/ labor-hour contract including but not limited to; culvert removals, removal of and recontouring of road fills, stream restoration, haul and placement of excess fill material, streambed reshaping, ripping of road prisms/wheel tracks, outsloping and conversions to road template, removal of sidecast material, placement of woody debris in streams and riparian areas and revegetation projects to restore native plant communities, etc.

Work is anticipated to cover the lands in and adjacent to, the Wallowa Whitman and Umatilla National Forests.

It is the Government’s intent to use the above named project as a representation of future work activities. Below are the requirements for offererors to submit proposals on for the Government to evaluate and to award. After the qualified pool of contractors is established future task orders shall be placed on a competitive basis amongst the group.

Future task orders against this contract may also include minor work elements of construction in conjunction with service contract work requirements. These construction activities shall have all the appropriate Wage Determinations and FAR clauses incorporated at time of solicitation. NO CONSTRUCTION ACTIVITIES ARE ANTICIPATED IN THIS CURRENT SOLICITATION.

1.

PERFORMANCE WORK STATEMENT

Introduction/Existing Conditions/Objectives

Meadow Creek is spawning and rearing habitat for Snake River Basin summer steelhead and redband trout. Snake River Basin rearing spring chinook salmon habitat is located .5 mile downstream of the project area. The summer steelhead and spring/summer chinook are federally listed under ESA as threatened species. Redband trout are on the Regional Forester's Sensitive Species List.

Within Battle Creek portion of the project, there are 2.5 miles of Snake River Basin summer steelhead and redband trout spawning and rearing habitat. The remainder of the streams within the project area (5.25 miles) contain sections of perennial and intermittent stream flow. The project is located approximately .5 miles upstream of rearing spring/summer chinook habitat within Meadow Creek.

Historic timber harvest removed larger conifers from the valley bottom, reducing the future recruitment of large wood to the stream. Railroad logging has limited floodplain development on Battle and Campbell Creek stream systems. This project will rehabilitate the floodplain and instream habitat through large wood/boulder additions, culvert removal, and old pond dike removal.

The objective is to improve spring/summer chinook habitat, summer steelhead habitat, specifically through improving or increasing the following habitat elements.

· Increase quantity and quality of pools within Meadow Creek

· Increase fish cover

· Increase habitat complexity

· Increase forage availability

· Increase residual pool depth

· Increase number of large and medium pieces of large woody debris in the stream

· Increase spawning gravel recruitment

· Improve stream shade

· Improve floodplain and riparian function

· Increase riparian vegetation

· Improve floodplain connectivity and function

· Improve riparian habitats Location

The Meadow Creek Large Woody Debris Phase I Project is located on Meadow Creek, a tributary to the Grande Ronde River. The project is located on 4 miles of Meadow Creek (approximate RM 10 - 14) (T 3S, R 34E, S 14, 23, 26, 35; T 5S, R 35E, S 26, 27, 32, 33, 34, 35). The project is located within the Meadow Creek Watershed (1706010402); Middle Meadow Creek Subwatershed (170601040202); Reaches 1-2; Union County.

The Battle Creek Large Wood and Floodplain Restoration Project is located in Battle (5 miles) and Campbell Creeks (2 miles) and an unnamed tributary (.75 mile), primarily, within the Starkey Experimental Forest of the LaGrande Ranger District, Wallowa-Whitman National Forest. The project is located within the Meadow Creek Watershed (1706010402); Middle Meadow Creek Subwatershed (170601040202); Union County: T 4S, R 34 & 35E, S 11, 12, 13, 14, 15, 22, 23, 7,& 18.

Tasks for the Meadow Creek Project portion The Meadow Creek Large Woody Debris Phase I Project would place wood within 4 miles of Meadow creek for a total of 29 structure sites. Two culverts on intermittent streams will be removed (see line item information in the schedule for work windows).

Structure Placement

A total of 29 structure sites will have wood/boulder input within the project.

· The first 14 structure sites (starting from downstream end) will have a total of 64 large pieces of wood with the root wad attached added to each site. There will be 82 boulders used in conjunction with the wood on the first 14 structure sites. A total of 53 large wood pieces and 81 boulders will be hauled in.

· The last 15 structure sites will involve 175 large pieces of wood with the root wad attached and up to 77 boulders. All of the material for these structures will be obtained on site.

· A total of 239 large wood pieces and up to 159 boulders will be placed in Meadow Creek Phase I.

Most of the structures are a combination of root wads and boulders. Three of the structures involve the partial removal of old log sills. Trees will be felled or pushed over on site or obtained through hazard trees and/or blowdown. All of the logs, rootwads, and boulders will be imported into the creek with the use of an excavator, chokers, where needed.

Rehabilitation of all disturbed areas will involve removing ruts and placing slash over the area of disturbance. In addition, old, unused fences will be removed during the rehabilitation process. This fence material will be hauled out by USFS employees.

· Culverts

Two culverts would be removed within the project area. The culverts are located on nonfish-bearing tributaries. The culvert removal will remove the road fill and create a stream channel that will be similar in channel morphology to the channel upstream of the road prism. Wood will be incorporated into the newly created channel.

Tasks for the Battle Creek Project portion The Battle Creek Restoration Project will add large wood by machine to 5.52 miles of streams. An old railroad grade will be removed from 1.75 miles of Battle Creek. Five culverts will be removed on Battle and Campbell Creeks. Five old in channel pond dikes on Battle and Campbell Creeks will be removed. A more specific project description is located below.

· Large Woody Debris Addition

Approximately 6 miles of stream will have large wood placed into stream channels. Approximately 5.5 miles of stream will have wood placement with machine and 0.5 miles will be placed by felling timber into the stream channel. This would involve 600 - 700 pieces of large wood placed within the project area. All of the wood will be obtained from onsite and will be incorporated into the streams by excavator and/or directly felled into the stream by hand. Approximately 25% of the trees will be pushed over on Battle and Campbell Creeks. The remainder of trees will be felled. No trees over 21 inches dbh will be felled or pushed over. No pinning or digging of logs/rootwads will occur. No boulders will be placed in the streams.

· Floodplain Restoration

Floodplain restoration would occur on 1.75 miles of Battle Creek. There is an old railroad grade that constricts the stream from its natural drainage pattern. In addition, the railroad grade was constructed on the floodplain, which limits floodplain function. The railroad grade would be recontoured, to create a functional floodplain. Tree/shrub removal will be minimized as much as possible. However, some tree/shrub vegetation may need to be removed during floodplain restoration activities. All trees removed will be distributed on the floodplain. Any shrubs removed with enough root mass attached will be replanted adjacent to the stream. Additional logs from the surrounding uplands will be placed within the floodplain.

· Culverts

Five culverts would be removed within the project area. Three of the culverts are located in Battle and Campbell Creeks. The remaining two are located on small intermittent streams. The culvert removal will remove the road fill and create a stream channel that will be similar in channel morphology to the channel upstream/downstream of the road prism. Wood will be incorporated into the newly created channel.

· Old Pond Dikes

There are five old pond dikes located in the headwaters of Battle and Campbell Creeks. These ponds have partially degraded and need to be removed. The fill of the pond dikes would be removed from the stream channel and a new stream channel would be constructed similar to the channel morphology upstream/downstream of the road prism. Wood will be incorporated into the newly created channel.

Work Schedule and Equipment Specifications:

*MEADOW AND BATTLE CREEK FLOODPLAIN RESTORATION PROJECT: Excavator - Equipment rental(s) with Operator

(A) Equipment rental with Operator: 1 tracked excavator - Service work activities (minimum of 115 hp (fly wheel power) and 35,000 lbs. operating weight with thumb and a 36” minimum toothed bucket) for a total of 100 hours. Work period: 7/2/2012 through 7/13/2012.

(B) Equipment rental with Operator: 1 tracked excavator - Service work activities (minimum of 145 hp (fly wheel power) and 44,000 lbs. operating weight with thumb and a 36” minimum toothed bucket) for a total of 100 hours. Work period: 7/2/2012 through 7/13/2012.

(C) Equipment rental with Operator: 2 tracked excavators - Service work activities (minimum of 115 hp (fly wheel power) and 35,000 lbs. operating weight with thumb and two buckets: 36” minimum toothed bucket and 48” minimum clean-out bucket) for a total of 200 hours (100 hours each). Work period: 7/16/2012 through 7/31/2012.

(D) Equipment rental with operator: Dozer with a minimum of 150 hp (fly wheel power) and a maximum of 200 hp and a minimum operating weight of 35,000 lbs. and maximum of 45,000 lbs. – 1 dozer for a total of 90 hours. The dozer needs to come with a 6-way blade. Work period 7/16/2012 through 7/31/2012.

(E) Equipment rental with operator: 1 tracked excavator - Service work activities (minimum of 45 hp (fly wheel power) and 11,000 lbs. minimum to 15,000 lbs. maximum operating weight with thumb and two buckets: 2’ minimum toothed bucket and 3’ minimum clean-out bucket) for a total of 150 hours. Work period: 7/2/2012 through 8/03/2012. Work period 7/16/2012 through 7/31/2012.

(F) Equipment rental with operator: 1 Ten yard dump truck for 5 hours.

All of the equipment and operators below will be worked five: 10 hour days per week (Monday through Friday) for the Equipment Rental with Operator portion of the contract.

*MEADOW AND BATTLE CREEK FLOODPLAIN RESTORATION PROJECT: Rootwad (with log attached) and Boulder Haul

All of the tasks associated with the rootwad and boulder haul (located below) can occur simultaneously.

(1) Push over and/or excavate and create 53: 60’ log with rootwads attached (8 trees > 30” dbh, 27 trees > 25” dbh, 4 trees > 21” dbh, & 14 trees > 18” dbh). Trees are within and adjacent to the Starkey Experimental Forest (refer to attached map). Limbs will be left on the logs as much as possible. The USFS will conduct all saw work on the trees, which would involve bucking, and partial limb removal. Work period: 6/18/12 through 6/29/12.

(2) Load, transport, haul and stage the created 53: 60’ log with rootwads attached (8 trees > 30” dbh, 27 trees > 25” dbh, 4 trees > 21” dbh, & 14 trees > 18” dbh). Limbs will be left on the logs as much as possible. Staging will occur at 8 locations identified adjacent to Meadow Creek. These 8 locations will be located just off of the road prism to be used for structures 1-5, 6, 7, 8, 9, 10, 11, and 12-14. The USFS will conduct all saw work on the trees, which would involve bucking, and partial limb removal. Work period: 6/18/12 through 6/29/12.

(3) Transport and stage the 53: 60’ logs with rootwads attached to the streambank edge of Meadow Creek at 14 designated structure sites (refer to map). Limit soil and vegetation disturbance as much as possible. Work period: 6/18/12 through 6/29/12.

(4) Rehabilitate areas only where 53:60’ logs with rootwads attached are obtained. This will involve removing ruts and placing slash over the area of disturbance. Work period: 6/18/12 through 6/29/12.

(5) Load, transport, haul and stage 81 boulders (3’x3’ – 5’ x 6’) at the same location as (2). The boulders will be obtained from designated areas located on two attached maps. During the boulder haul from the Cable Creek Quarry Site, the excavator and operator will stockpile pit run material when not loading trucks. Work period: 6/18/12 through 6/29/12.

(6) Transport and stage the 81 boulders to the streambank edge of Meadow Creek at 14 designated structure sites (refer to map). Limit soil and vegetation disturbance as much as possible. Work period: 6/18/12 through 6/29/12.

(7) Rehabilitate areas only where boulders are obtained. This will involve removing ruts and placing slash over the area of disturbance. Work period: 6/18/12 through 6/29/12.

Log and Boulder Quality

All logs with rootwad attached that are pushed over, transported and staged must be inspected by the USFS COTR prior to acceptance. The logs with rootwad attached need to be 60’ long, free of cracks, with large rootwads attached to the bowls. Limbs will need to be retained, as much as possible.

All boulders transported and staged must be inspected by the USFS COTR prior to acceptance. The boulders must be at least 3’ x 3’ in size and without large fractures.

Mobilization

Mobilization to the project and mobilization out at the completion of the project is incidental to the project work and will not be a separate pay item under this contract. However, movement of equipment between project work sites will be paid at the hourly equipment rate for the equipment being moved under the equipment rental with operator portion of this contract (only). The method of movement of equipment between project work sites is at the discretion of the contractor except movement along a paved road shall be by truck and trailer/lowboy.

Fueling

Fueling will not be a separate pay item under this contract. The fuel, fueling time, and cost of the equipment needed for fueling needs to be compensated within the hourly rates for equipment rental.

Maintenance

All equipment used for instream work shall be cleaned and leaks repaired prior to entering the project area. External oil and grease, along with dirt and mud would be removed prior to construction operations. Thereafter, equipment would be inspected daily for leaks or accumulation of grease, and fix any identified problems before entering streams or areas that drain directly into streams or wetlands. It is assumed that maintenance will be completed by the contractor on a daily basis and that the equipment will be maintained and ready to go at the appropriate starting time each day.

Rehabilitation

Rehabilitation will be minimized by removing the least amount of vegetation removal and soil necessary to complete the project.

The government reserves the right to request a new operator for any of the equipment, if that operator is not capable of performing work in a safe, efficient, and proficient level.

Inspection and Acceptance

52.246-1 Contractor Inspection Requirements. (APR 1984)

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): https://www.acquisition.gov/far/ http://www.da.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/

(End of clause)

Deliveries or Performance

52.242-14 Suspension of Work. (APR 1984)

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): https://www.acquisition.gov/far/ http://www.da.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/

(End of clause)

52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work not later than August 3, 2012. Estimated start date is June 18, 2012.

52.216-18 Ordering. (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from _May, 2012__ through __May, 2015.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause) Task Order Issuance

Task orders may be issued verbally, by facsimile, or by electronic commerce methods. Verbal task orders will be backed up by a written order.

Warranted Contracting Officers within the Blue Mountain AQM Area are authorized to place task orders against this contract within their delegated warrant authority for projects located on the Umatilla and Wallowa Whitman National Forests.

(a) Proposed Task Orders (TOs) will be issued during the performance period of this contract. The Contracting Officer’s (CO) decision to issue an order to a particular awardee will be based on the criteria stated below. In accordance with FAR 16.505(b), the CO will give each awardee a “fair opportunity” to be considered for each order in excess of $2,500 unless one of the conditions in FAR Subpart 16.505(b)(2) applies.

(b) Selection Criteria for Awarding Task Order.

The Government will evaluate the task order quotes against stated selection criteria, of which price will always be a factor. Additional information for technical approach, quality control plan and a safety plan not previously submitted may be requested and evaluated prior to awarding Task Orders. Single or multiple awards may be made for individual task orders, as specified on the task order.

(c) Process

1. A warranted Contracting Officer must issue all Task Orders. When supplies/services are required, a proposed task order will be sent to each qualified Contractor. If a Fair Opportunity Exception applies, the task order quote request will be issued to one contractor. Each task order request will include the required due date, specific instructions for the submission for quotes, the selection criteria factors, and other information deemed appropriate.

2. Awardees under the contract will generally be allowed 10 working days to prepare and submit quotes. However, more or less time may be necessary based on the requirements. If an awardee is unable to perform a requirement, the awardee may submit “NO QUOTE” to the task order request. While no mandatory requirement exists for the submission of a quote, failure to respond to three consecutive orders will result in contract termination. If this should occur, resulting in a decline in the contractor pool or task order quantities that exceed vendor pool capabilities, additional Contractors may be added to the list through a competitive process.

3. Task Order Issuance: All task orders will be issued on a firm-fixed-price where applicable or on an established hourly/ daily rate as identified in the schedule. Task orders may be issued verbally, by facsimile, or by electronic commerce methods. Verbal task orders will be backed up by a written order.

(d) Ombudsman Description. In accordance with FAR 16.505(a)(8), no protest under FAR subpart 33.1 is authorized in connection with the issuance or proposed issuance of a TO under this contract, except for a protest on the grounds that a task order increases the scope, period, or maximum value of the contract. The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered consistent with the procedures in the contract. Complaints to the USDA Forest Service Ombudsman must be forwarded to:

Assistant Director for Operations, Acquisition Management, Washington Office

Rosslyn Plaza

1621 N Kent Street, Plaza E, Suite 707

Arlington, VA 22209

Phone (703) 605-4665 Facsimile (703) 605-5100

52.216-19 Order Limitations. Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _$2,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of _$200,000;

(2) Any order for a combination of items in excess of ___$300,000; or

(3) A series of orders from the same ordering office within ____30___ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __3___ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after December, 2015.

(End of clause)

52.216-27 Single or Multiple Awards (Oct 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision)

Contract Administration Data

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 within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

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

452.215-73 Post award Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award. The conference will be held at: La Grande Ranger District office, 3502 Hwy 30, La Grande, OR 97850 within 10 days, unless otherwised agreed.

(End of Clause)

Special Contract Requirements

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): https://www.acquisition.gov/far/ http://www.da.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32

52.236-13 ACCIDENT PREVENTION (NOV 1991)

SAFETY

The type of work required with this contract includes inherently hazardous conditions involved in felling, hauling, moving and placing woody debris; excavation, redistribution and recontouring of the stream bottom road/railroad grade; difficult and remote terrain; and stream crossings. The contractor will operate in the safest manner possible at all times. All personnel and machinery, except for the equipment involved in woody debris placement shall stay 2 tree heights away from the site. Equipment operation involved in excavation shall not operate at least 1 ½ boom lengths from any personnel. The contractor shall provide a job specific Safety/ Pollution/ Erosion Control Plan at the Post Award conference meeting. Work shall not commence without submission and Government acceptance of the Safety/ Pollution/ Erosion Control Plan. The plan should include the following:

* Identify inherently hazardous conditions that could lead to serious injury or loss of life.

* Identify and describe inherently hazardous conditions.

* Recognize hazards when contracting for inherently hazardous working conditions.

* Identify safety requirements.

Work shall not commence on this project until the Contracting Officer receives the Safety Plan.

NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds onto National Forest lands, the Contractor shall: furnish the Forest Service with proof of weed-free equipment.

All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the contractor or subcontractor.

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. Cleaning shall occur off Federal lands.

Equipment, materials, and vehicles shall be visually inspected by a designated inspector, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Contracting Officer in advance of equipment and material arrival. Equipment and vehicles shall proceed directly to the job site following the inspection. Materials to be used on the project shall be delivered to the project after inspection and approval.

Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (except passenger vehicles) that leave the job site shall be re-certified as weed free before they are allowed to return to the job site or re-enter the National Forest.

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORICAL SITES (FEB 1988)

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

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

A. Safety/ Pollution/ Erosion Control Plan. The contractor would be required to have a written plan which describes measures to prevent or reduce impacts from potential spills (fuel, hydraulic fluid, etc.) The plan should contain a description of the hazardous materials that would be used, including inventory, storage, handling procedures; a description of quick response containment supplies that would be available on the site (e.g. a silt fence, straw bales, oil-absorbing pads, floating boom whenever surface water is present).

B. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

C. An environmentally compatible hydraulic fluid shall be used during project operations.

D. Mechanized equipment shall have the appropriate spill containment equipment.

E. Staging areas would be designated as far as possible from Meadow and Battle Creeks (because of the drawbottom road and confined canyon, a staging area of 300’ slope distance will not always be possible to achieve). These staging areas would be used for fueling, equipment storage, and maintenance.

F. All equipment used for instream work shall be cleaned and leaks repaired prior to entering the project area. External oil and grease, along with dirt and mud would be removed prior to construction operations. Thereafter, equipment would be inspected daily for leaks or accumulation of grease, and fix any identified problems before entering streams or areas that drain directly into streams or wetlands.

G. The time that heavy equipment is in stream channels would be minimized as much as possible. Mitigation would include using chokers and block and tackle to move logs into place instead of entering the stream, when possible.

AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

A. Contractor's Responsibility for Fire Fighting

1. The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

2. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

B. Contractor's Responsibility for Notification in Case of Fire

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

C. Contractor's Responsibility for Responding to Emergencies

When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site or emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.234-5.

NOTE:* Fire Protection Requirements The Contractor shall comply with the Fire Protection and Suppression (Eastside) Requirements, Form R6-FS-6300-52 (May 1989), which are attached hereto.

FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

CERTIFICATION OF COMPLIANCE

Contractor shall certify compliance with specific fire precautionary measures included in the attached Fire Protection and Suppression Forms. The certification shall be made prior to commencement of work and shall be updated if at any time during performance the conditions change. The Government may conduct verification inspections to ensure Contractor's compliance.

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Qualified Operator.

(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 5 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 5 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.

(End of Clause)

Contract Terms and Conditions

52.204-7 Central Contractor Registration. (FEB 2012)

52.233-3 Protest after Award. (AUG 1996)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.243-1 Changes - Fixed-Price. (AUG 1987)

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/ http://www.da.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/ Contract Terms and Conditions—Commercial Items (Feb 2012)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.