AG-04R4-S-12-0004.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

04R4

SPRINGFIELD OR 97477

3106 PIERCE PARKWAY SUITE D

WILLAMETTE NATIONAL FOREST

USDA FOREST SERVICE

CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR04R4

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/12/2012 1600 PT

02/14/2012

541-225-6326SHEILA FINNEY

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-04R4-S-12-0004

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

SPRINGFIELD OR 97477

3106 PIERCE PARKWAY SUITE D

WILLAMETTE NATIONAL FOREST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.0

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Willamette National Forest Road Maintenance IDIQ Detroit, Sweet Home, McKenzie River and Middle Fork Ranger Districts; Marion, Linn, Lane and Douglas Counties

DUNS _____________________

TIN ______________________

EMAIL ____________________

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

SHEILA FINNEY

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 5/2011)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REF.

sfinney Typewritten Text

FAX: 541-225-6220

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Willamette National Forest Road Maintenance IDIQ

Item 1 Detroit Ranger District

Pay Item Description Unit Est Qty Unit Price Amount

807(1) Equipment Rental, Excavator Hour 1 $ $ 807(2) Equipment Rental, Backhoe Hour 1 $ $ 807(3) Equipment Rental, Loader Hour 1 $ $ 807(4) Equipment Rental, Dump Truck Hour 1 $ $ 811(1) Surface Maintenance Level 2 Roads MI 10 $ $ 811(2) Surface Maintenance Level 2 Roads with

Roller Compaction

MI 15 $ $

811(3) Surface Maintenance Level 3 & 4 Roads with Roller Compaction

MI 20 $ $

813(1) Spot Surfacing (Gradation varies) CY 500 $ $ 813(2) Spot Surfacing (Gradation varies) Ton 650 $ $ 813(3) Government Furnished Spot Surfacing, Less Than 10 Miles One Way Haul

CY 500 $ $

813(4) Government Furnished Spot Surfacing, 10 - 20 Miles One Way Haul

CY 500 $ $

814(1) Pothole Patching Ton 40 $ $ 832(1) Load, Haul, and Place Materials, Less Than 5 Miles One Way Haul

CY 1000 $ $

832(2) Load, Haul, and Place Materials, 5 - 10 Miles One Way Haul

CY 100 $ $

833(1) 18 – 24 Inch Corrugated Metal or Plastic Pipe LF 200 $ $ 833(2) Culvert Removal EA 5 $ $ 833(3) Water-bar Installation EA 10 $ $ 833(4) Rolling Dip Installation EA 5 $ $ 834(1) Clean and Recondition Culverts MI 40 $ $ 834(2) Clean and Recondition Culverts EA 20 $ $ 834(3) Clean Ditches MI 30 $ $ 834(4) General Road Maintenance (Per Task Order) LS All XXX XXX 841(1) Erosion Control AC 5 $ $ 842(1) Vegetation Maintenance Level 2 Roads MI 10 $ $ 842(2) Vegetation Maintenance Level 3-5 Roads MI 10 $ $ 851(1) Logging Out Maintenance Level 2 Roads MI 20 $ $ 851(2) Logging Out Maintenance Level 3-5 Roads MI 20 $ $ 851(3) Danger Tree Removal EA 50 $ $ 851(4) Hazard or Obstruction Removal EA 25 $ $ 872(1) Install or Replace Sign EA 8 $ $ 881(1) Mobilization LS 1 $ $ 881(2) Additional Equipment Washing EA 1 $ $ 881(3) Equipment Moving MI 20 $ $ Item 1 (Detroit) Total $

AG-04R4-S-12-0004

Willamette National Forest Road Maintenance IDIQ

Item 2 Sweet Home Ranger District

807(2) Equipment Rental, Backhoe Hour 1 $ $ 807(3) Equipment Rental, Loader Hour 1 $ $ 807(4) Equipment Rental, Dump Truck Hour 1 $ $ 811(1) Surface Maintenance Level 2 Roads MI 10 $ $ 811(2) Surface Maintenance Level 2 Roads with Roller

Compaction

MI 15 $ $

811(3) Surface Maintenance Level 3 & 4 Roads with Roller Compaction

MI 20 $ $

813(1) Spot Surfacing (Gradation varies) CY 250 $ $ 813(2) Spot Surfacing (Gradation varies) Ton 325 $ $ 813(3) Government Furnished Spot Surfacing, Less Than 10 Miles One Way Haul

CY 250 $ $

813(4) Government Furnished Spot Surfacing, 10 - 20 Miles One Way Haul

CY 250 $ $

814(1) Pothole Patching Ton 20 $ $ 832(1) Load, Haul, and Place Materials, Less Than 5 Miles One Way Haul

CY 500 $ $

832(2) Load, Haul, and Place Materials, 5 - 10 Miles One Way Haul

CY 100 $ $

833(1) 18 – 24 Inch Corrugated Metal or Plastic Pipe LF 200 $ $ 833(2) Culvert Removal EA 5 $ $ 833(3) Water-bar Installation EA 10 $ $ 833(4) Rolling Dip Installation EA 5 $ $ 834(1) Clean and Recondition Culverts MI 20 $ $ 834(2) Clean and Recondition Culverts EA 20 $ $ 834(3) Clean Ditches MI 15 $ $ 834(4) General Road Maintenance (Per Task Order) LS All XXX XXX 841(1) Erosion Control AC 5 $ $ 842(1) Vegetation Maintenance Level 2 Roads MI 10 $ $ 842(2) Vegetation Maintenance Level 3-5 Roads MI 10 $ $ 851(1) Logging Out Maintenance Level 2 Roads MI 10 $ $ 851(2) Logging Out Maintenance Level 3-5 Roads MI 10 $ $ 851(3) Danger Tree Removal EA 40 $ $ 851(4) Hazard or Obstruction Removal EA 10 $ $ 872(1) Install or Replace Sign EA 25 $ $ 881(1) Mobilization LS 1 $ $ 881(2) Additional Equipment Washing EA 1 $ $ 881(3) Equipment Moving MI 20 $ $ Item 2 (Sweet Home) Total $

AG-04R4-S-12-0004

Willamette National Forest

Willamette National Forest. Road Maintenance IDIQ Item 3 McKenzie River Ranger District

Pay Item Description Pay Unit Est Qty Unit Price Amount

807(2) Equipment Rental, Backhoe Hour 1 $ $ 807(3) Equipment Rental, Loader Hour 1 $ $ 807(4) Equipment Rental, Dump Truck Hour 1 $ $ 811(1) Surface Maintenance Level 2 Roads MI 10 $ $ 811(2) Surface Maintenance Level 2 Roads with Roller

Compaction

MI 15 $ $

811(3) Surface Maintenance Level 3 & 4 Roads with Roller Compaction

MI 20 $ $

813(1) Spot Surfacing (Gradation varies) CY 500 $ $ 813(2) Spot Surfacing (Gradation varies) Ton 650 $ $ 813(3) Government Furnished Spot Surfacing, Less Than 10 Miles One Way Haul

CY 500 $ $

813(4) Government Furnished Spot Surfacing, 10 - 20 Miles One Way Haul

CY 500 $ $

814(1) Pothole Patching Ton 40 $ $ 832(1) Load, Haul, and Place Materials, Less Than 5 Miles One Way Haul

CY 1000 $ $

832(2) Load, Haul, and Place Materials, 5 - 10 Miles One Way Haul

CY 100 $ $

833(1) 18 – 24 Inch Corrugated Metal or Plastic Pipe LF 200 $ $ 833(2) Culvert Removal EA 5 $ $ 833(3) Water-bar Installation EA 10 $ $ 833(4) Rolling Dip Installation EA 5 $ $ 834(1) Clean and Recondition Culverts MI 40 $ $ 834(2) Clean and Recondition Culverts EA 20 $ $ 834(3) Clean Ditches MI 30 $ $ 834(4) General Road Maintenance LS All XXX XXX 841(1) Erosion Control AC 5 $ $ 851(1) Logging Out Maintenance Level 2 Roads MI 20 $ $ 851(2) Logging Out Maintenance Level 3-5 Roads MI 20 $ $ 851(3) Danger Tree Removal EA 50 $ $ 851(4) Hazard or Obstruction Removal EA 25 $ $ 872(1) Install or Replace Sign EA 8 $ $ 881(1) Mobilization LS 1 $ $ 881(2) Additional Equipment Washing EA 1 $ $

Item 3 (McKenzie River) Total $

Item 4 Middle Fork Ranger District

807(2) Equipment Rental, Backhoe Hour 1 $ $ 807(3) Equipment Rental, Loader Hour 1 $ $ 807(4) Equipment Rental, Dump Truck Hour 1 $ $ 811(1) Surface Maintenance Level 2 Roads MI 10 $ $ 811(2) Surface Maintenance Level 2 Roads with Roller

Compaction

MI 40 $ $

811(3) Surface Maintenance Level 3 & 4 Roads with Roller Compaction

MI 25 $ $

813(1) Spot Surfacing (Gradation varies) CY 250 $ $ 813(3) Government Furnished Spot Surfacing, Less Than 10 Miles One Way Haul

CY 250 $ $

814(1) Pothole Patching Ton 40 $ $ 832(1) Load, Haul, and Place Materials, Less Than 5 Miles One Way Haul

CY 1000 $ $

833(1) 18 – 24 Inch Corrugated Metal or Plastic Pipe LF 200 $ $ 833(2) Culvert Removal EA 5 $ $ 833(3) Water-bar Installation EA 10 $ $ 834(2) Clean and Recondition Culverts EA 20 $ $ 834(3) Clean Ditches MI 80 $ $ 834(4) General Road Maintenance (Per Task Order) LS All XXX XXX 842(1) Vegetation Maintenance Level 2 Roads MI 10 $ $ 842(2) Vegetation Maintenance Level 3-5 Roads MI 10 $ $ 851(1) Logging Out Maintenance Level 2 Roads MI 5 $ $ 851(2) Logging Out Maintenance Level 3-5 Roads MI 5 $ $ 851(4) Hazard or Obstruction Removal EA 25 $ $ 872(1) Install or Replace Sign EA 20 $ $ 881(1) Mobilization LS 1 $ $ 881(2) Additional Equipment Washing EA 1 $ $

Item 4 (Middle Fork) Total $

Continuation of SF 1449

ANNUAL ECONOMIC PRICE ADJUSTMENT

Offerors wishing to propose revised prices in successive years shall state in the spaces below the economic price adjustment percentages to be used by the Government to compute future year prices, to be effective for the second, third, fourth and fifth years. For instance, a 3% economic price adjustment factor is shown as 3% (rather than 103% or 1.03). Note that the economic price adjustment percentage can be either negative or positive. The factors stated will be compounded annually. If no percentage is entered, future year prices will be the same as base year prices.

Offer’s economic price adjustment percentages(s):

2nd

Year ___________% Effective April 1, 2013 rd

Year ___________% Effective April 1, 2014

Offers may be submitted for all or some of the line items listed in the Schedule of Items (SOI).

Respond with “NO OFFER” or “0” for any line items not being offered on. The Government reserves the right to make multiple awards based on the proposals that represent the best value to the Government.

For technical questions, contact Carlos Velez at 503-854-4227, cvelez@fs.fed.us.

This is a one-year Fixed Price Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract with the option to extend the term of the contract for two additional years for the services specified (FAR Clause 52.217-9). The estimated quantities shown are for evaluation purposes.

Offerors shall enter a Firm- Fixed Unit Price for each item and multiply the unit price by the estimated quantity to obtain the total amount. While the quantities are estimated, the Unit Price will become the fixed price for all future Task Orders issued during the period of this IDIQ.

Base Year: Date of award through March 31, 2013 Option Year 1: April 1, 2013 through March 31, 2014 Option Year 2: April 1, 2014 through March 31, 2015

ISSUANCE OF TASK ORDERS

All work will be ordered by Firm-Fixed price TASK ORDERS (TO) at the prices listed on the Schedule of Items through March 31 (Base Period and each Option Year exercised). Task Orders for the General Road Maintenance sub item will be competed should that sub item apply to work required. This pay item is intended for work that cannot be covered under any other pay item.

Concurrent Task Orders may be issued.

The following individuals may place Individual Project Task Orders against this contract:

Any warranted Contracting Officer with proper delegated authority within Forest Service Region 6.

Attachments three and four (003 & 004) include a Sample Task Orders, which are provided as illustrations. Task orders may also be issued in other formats, e.g. purchase orders.

REFER TO CLAUSES 52.216-18 ORDERING AND 52.216-19 ORDER LIMITATIONS, AND 52.216-22

INDEFINITE QUANTITY.

AG-04R4-S-12-0004

Willamette National Forest

The Government anticipates up to three (3) awards per distict resulting from this solicitation. Task Orders will be issued as work becomes available.

The estimated time the first task order will be issued is May 1, 2012. The start work date and performance time will be identified on each task order. Task Orders may be issued continuously with no time discounted for weather or fire restrictions.

Offeror must respond to the other factors as described under FAR 52.212-2 Evaluation – Commercial Items (Jan 1999). Award will be made on the best value for the Government.

No award will be made to a Contractor not registered in the Central Contractor Registration (CCR) database.

Contractors should provide Representation and Certifications electronically at the ORCA website, http://orca.bpn.gov.

Block 27: The full text of a clause or provision may be accessed electronically at http://farsite.hill.af.mil/vffara.htm

CONTRACT CLAUSES

ADDENDUM TO FAR 52.212-4

52.211-18 Variation of Estimated Quantity (APR 1984) 52.236-5 Materials and Workmanship (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.242-14 Suspension of Work (APR 1984) 52.245-1 Government Property (AUG 2010) 52.245-9 Use and Charges (AUG 2010)

1)

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within days after the date of contract award. The conference will be held at *.

* To be determined for each contract and task order award (End of clause)

2)

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

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

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

AG-04R4-S-12-0004

Willamette National Forest Road Maintenance IDIQ http://orca.bpn.gov/� http://farsite.hill.af.mil/vffara.htm� 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.

3)

FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

4) CONTRACTOR'S REPRESENTATIVE

The Government may, at its option, suspend work with full count of contract time continuing, if the Contractor fails to provide a Contractor's Representative (1) conversant in the English language and

(2) able to read and understand the contract.

5)

NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The notification shall include as a minimum:

(a) The name, address, telephone number and DUNS number of the subcontractor.

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

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

6)

INDIVIDUAL PROJECT TASK ORDER PERFORMANCE PERIOD REQUIREMENTS

The following clause [FAR 52.211-10] shall apply to each individual Task Order. An estimated start work date will be included within the Task Order. The specific days/dates included under a Task Order will vary considerably. The allowed performance completion period for individual projects will be dependent upon factors such as project size, complexity, available work periods limitations, and date of issuance.

The number of calendar days allotted for completion of all work under a given Task Order shall be negotiated prior to issuance of the Task Order and will be expressed on the Task Order. The rates of progress to be used for determination of performance periods shall be based on standard industry practices and consideration of the Contractor’s equipment, workforce and existing uncompleted Task Orders against this contract. Performance periods on sequential Task Orders may be established for consecutive performance or the timing for performance may run concurrently, as mutually agreed.

7)

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within _3_ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than times listed on each task order

(End of clause)

The time stated for completion shall include final cleanup of the premises.

8)

SCHEDULES FOR SERVICE CONTRACTS

The Contractor shall provide a proposed work schedule in their responses to provision 52.212-2 Evaluation – Commercial Items to insure completion of the work within the time set forth in the contract. If the Contractor's progress falls behind that scheduled, the Contractor shall take such action as necessary to improve progress; in addition the Contracting Officer may require the Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

9)

PROSECUTION OF WORK

(a) Work shall be scheduled to provide completion of segments on a daily basis unless otherwise herein provided. Refer to the Schedule of items for seasonal restrictions that will dictate the priority of units to be completed first.

(b) A Work Schedule shall be prepared by the Contractor based on priorities provided in the contract unless superseded by the Contracting Officer in advance of work.

(c) The Contracting Officer may require the Contractor to finish the portion in progress before additional work is started on any additional portion.

AG-04R4-S-12-0004

Willamette National Forest

(d) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel and equipment during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site.

(e) The Contracting Officer may, in writing, require the Contractor to remove from the work any employee found to be working in an unsafe manner.

10)

CONTRACTOR QUALITY CONTROL PLAN

(a) Quality Control Plan

The Contractor shall provide a Quality Control Plan (QCP) as part of this Technical Proposal. The Plan must demonstrate how the Contractor shall assure that quality of performance meets the objectives and requirements of the contract. The QCP shall specify:

- How quality will be monitored to ensure performance standards are met.

- How the work will be supervised.

- How results of the monitoring will result in quality performance.

- Identify the personnel responsible for performing quality control.

(b) Contractor Quality Control Inspection

The Contractor shall assure themselves that performance meets contract specifications, in accordance with FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, paragraph (a), prior to requesting the Government to inspect for payment or acceptance. The Contractor shall contact the Contracting Officer upon completion of a unit. The Contracting Officer may observe the Contractor’s inspection at any time and shall otherwise have unlimited access to the inspection data.

11)

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

The Government will periodically evaluate the Contractor’s performance by appointing a representative(s) to monitor performance to ensure services are received. The Government representative will evaluate the Contractor’s performance through intermittent or on-site inspections of the Contractor’s quality control program. The Government may inspect each task as completed, increase the number of quality control inspections, or decrease the number of quality control inspections if deemed appropriate. Acceptance will be determined per the specifications for each pay item.

12)

UNSATISFACTORY PERFORMANCE

Nonconformance with any of the specifications will require rework at the Contractor’s expense, to bring the work up to specification standards. When inspection results are unsatisfactory and the deficiency is correctable, payment will not be made until the deficiency has been corrected.

13)

REWORK AND REINSPECTION AFTER REWORK

When inspection results are unsatisfactory and the deficiency is correctable, payment will not be made until the deficiency has been corrected. Reinspection after rework will be made in the same manner as the first inspection but may be at different locations. The Contractor shall pay for inspections necessitated by the rework.

14)

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 not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, 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, the 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 under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

15)

USE OF PREMISES

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

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

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

16)

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC 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.

17)

LANDSCAPE PRESERVATION

The 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:

(a) Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or natural features unless specifically authorized by the Government.

Unless otherwise provided, the Contractor shall confine contract operations to within the areas designated in contract documents. Unless otherwise provided in this contract, the Contractor shall gather rock, which falls outside the roadway due to contract operations and dispose of it as directed, by the Government.

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

18)

THREATENED, ENDANGERED, AND SENSITIVE SPECIES

Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, are discovered to be present in or adjacent to the project area. Actions taken under this paragraph shall be subject to the Suspension of Work clause, FAR 52.242-14.

19)

PROPERTY AND PERSONAL DAMAGE

(a) The Contractor shall use every precaution necessary to prevent damage to public and private property. Land monuments and property markers shall not be disturbed until the Contracting Officer, or his/her representative, has witnessed or otherwise referenced their location and directed their removal.

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

20)

PUBLIC OFFICIALS NOT PERSONALLY LIABLE

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

21)

USE OF ROADS BY CONTRACTOR

The 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 in the attached specification (808 Work Area Management) when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

Before shutting down any operations, leave all travelways in a condition suitable for traffic.

22)

TRASH AND REFUSE MATERIAL

Contractor shall remove all of its own trash and refuse from the contract area. Material to be removed includes, but is not limited to: used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper garbage, etc. All placement of sanitary facilities will require prior approval of the Contracting Officer.

23)

STORAGE OF MATERIALS AND EQUIPMENT

Materials shall be stored to assure the preservation of their quality and fitness for work. Approved portions of the right-of-way or other areas on Government land may be used for storage purposes.

All storage sites approved by the Government shall be restored to a satisfactory condition at the Contractor's expense.

24)

POTENTIAL SAFETY HAZARDS

(a) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

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

[X] Confined space entry.

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

AG-04R4-S-12-0004

Willamette National Forest

[X] Tree falling.

[X] Fall hazard from work heights exceeding six feet.

[ ] Blasting.

[X] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[X] Heavy equipment operation.

[ ] Tree climbing and/or tower climbing.

[X] Fire hazards.

[X] Hazardous materials handling.

[ ] Electrical hazard.

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

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

[X] Other: Soft road shoulders.

25)

KEY PERSONNEL

Key personnel are those personnel (Project Manager, supervisor, equipment operators, etc.)

considered essential for successful completion of this contract. All key personnel shall be identified in the Contractor’s Technical Proposal.

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

26)

AGAR 452.236-77 EMERGENCY CONTROL (NOV 1996)

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

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable

AG-04R4-S-12-0004

Willamette National Forest adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, AR 52.212-4 -- Contract Terms and Conditions -- Commercial Items.

27)

FAR 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:

Base Year: Date of award through March 31, 2013 Option Year 1: April 1, 2013 through March 31, 2014 Option Year 2: April 1, 2014 through March 31, 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, or by facsimile, or by electronic commerce methods only if authorized in the Schedule.

28)

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000, 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 single item in excess of $75,000;

(2) Any order for a combination of items in excess of $100,000; or

(3) A series of orders from the same ordering office within 21 days that together call for quantities exceeding the limitation in subparagraph (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 paragraph (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 seven (7) 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.

29)

FAR 52-216-22 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 the performance period stated in the Task Order.

30)

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 $1,000 but not in excess of $500,000

32)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the time specified in the schedule; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days

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

before the contract expires. The preliminary notice does not commit the Government to an extension

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed

40 months

33)

INDIVIDUAL PROJECT TASK ORDERS

Services to be provided hereunder will be ordered by issuance of a written Individual Project Task Order. Each Individual Project Task Order will refer to this contract and will be subject to all the terms and conditions herein. Each Individual Project Task Order will contain the following information.

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Individual Project Task Order Number Date of Order Applicable Sub-Items Award Amount Itemized Payment Items, Quantities and Prices

Individual Project Task Orders will be firm-fixed price.

The following individuals may place Individual Project Task Orders against this contract:

Any warranted Contracting Officer with proper, delegated authority within Forest Service Region 6.

34)

PROCESS FOR REQUESTING INDIVIDUAL PROJECT QUOTES AND AWARDING TASK

ORDERS

(a) After award of the IDIQ Contract, the Individual Project Task Order awards shall follow the process established in this section.

(b) Task Order Packaging.

These will be packaged with all necessary detailed requirements that supplement the basic contract, as required. Each Task Order award may include the following:

• OF 347, Order for Supplies or Services

• TASK ORDER Schedule of Items [Reference Attachment 3 Sample Task Order]

• Statement of Work – Project Scope, Project Location, Applicable Specifications, as required

• Government Furnished Property and any additional Administrative Information, as required

• Special Contract Requirements – Supplements to the basic contract clauses. This will include any use and operational period limitations, submittal requirements, and other details, as required.

• Attachments o Project Maps o Drawings, if applicable o Additional Evaluation Criteria, if required o Other Exhibits or Attachments as required

(c) Source Selection for Award of Individual Projects.

Source selection will be based on the best overall value to the Government, price and other factors considered. These factors may include one or more of the following:

• Technical Capabilities relating to the specific project [including elements such as Project Sequencing, Scheduling, Resource Availability, and Technical Experience]

• Past Performance History [including elements such as quality of work, timeliness, effectiveness of Contractor Quality Control]

• Response to additional Evaluation Criteria, if required

Willamette National Forest

(d) Award of Task Orders.

A written award mailed or otherwise provided to a Contractor with a Contractor Acceptance form requiring signature by the Contractor shall result in a binding Individual Project Task Order.

(e) Award of Task Orders for Emergency or Urgent and Compelling work.

When the agency need for the services is urgent and would result in unacceptable delays, the Government may forego the normal source selection process outlined in paragraph (c) above and award to the contractor who the CO deems to be most able to respond within the required timeframe.

(f) Individual Project Request for Quotations when required (see sub-item 834(4)).

When applicable, a Request for Quotations package will be provided to the selected Awardees, with a specified response date and time. Awardees shall submit their questions related to the project to the assigned Contract Specialist. A Request for Quotations may require only a quote or may also require submission of a written response to additional Evaluation Criteria that is specific to the project. No fixed price sub items will be included in the competed General Road Maintenance task orders.

(1) Quote Submission.

Quotes shall be submitted to the issuing office as stated on the Request for Quotations form by the specified response date. Quote submissions shall include complete pricing on all listed sub items and a written response to any attached Evaluation Criteria.

(2) Quotes may be withdrawn or modified at any time prior to award.

(3) No Award of Individual Project Offerings

. In the event a fair and reasonable price is not reached, the project will be withdrawn from this contract.

35)

ISSUING OFFICE ADMINISTRATION

The Issuing Office shall be responsible for fund obligation and payment processing and shall complete all Federal Procurement Data System and other reporting

36)

ADMINISTRATION OF INDIVIDUAL PROJECT TASK ORDERS

Wherever the term “contract” is used herein it shall be construed to apply equally to Individual Project Task Orders placed under the contract, as if each Individual Project Task Order was a separate contract. The Contractor shall refer all questions to the Contracting Officer if clarification is needed regarding the application of contract clauses to Individual Project Task Orders.

Each Individual Project Task Order is separable to the extent that it will be initiated, performed, administered, completed, and closed independently.

(a) Individual Project Task Orders may have separate Contracting Officers, Contracting Officer’s Representatives, and Inspectors.

(b) Individual Project Task Orders will have unique performance terms and notices to proceed.

(c) Individual Project Task Orders will have separate payments.

37)

RESCHEDULING OF TASK ORDERS

If the Contractor cannot meet the estimated start work date, the Contractor shall notify the Contracting Officer or COR within 72 hours. If possible, ordered work will be rescheduled with the Contractor. If rescheduling is not possible, the Government will secure the service from other sources to meet the required schedule.

38)

AGAR 422.7001 LABOR LAW VIOLATION (AUGUST 2011)

In accepting this contract award, the contractor certifies that it is in compliance with all applicable labor laws and that, to the best of its knowledge, its subcontractors of any tier, and suppliers, are also in compliance with all applicable labor laws. The Department of Agriculture will vigorously pursue corrective action against the contractor and/or any tier subcontractor (or supplier) in the event of a violation of labor law made in the provision of supplies and/or services under this or any other government contract. The contractor is responsible for promptly reporting to the contracting officer when formal allegations or formal findings of non-compliance of labor laws are determined.

The Department of Agriculture considers certification under this clause to be a certification for purposes of the False Claims Act. The Department will cooperate as appropriate regarding labor laws applicable to the contract which are enforced by other agencies.

(End of Clause)

39)

FAR 52.212-4 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. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

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(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice;

and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer— Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or…