1-SolicitationAG04T0S120005.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISTION NUMBER

572827

PAGE 1 OF

2, CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-04T0-S-12-0005

6. SOLICITATION SSUE

DATE: 02/24/2012

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Janet Paul, CO, 541.750.7120 Binky Hendrix, COR, 541.563.8421

b. TELEPHONE NUMBER (No collect calls) See Block 7a

8 OFFER DUE DATE/

LOCAL TIME: 03/26/2012

@ 4:00 pm PST

9. ISSUED BY CODE 10. THIS ACQUISITION IS

USDA Forest Service Siuslaw National Forest ATTN: Contracting

3200 SW Jefferson Way Corvallis, OR 97331

UNRESTRICTED OR SET ASIDE: 100 % FOR:

NAICS: 115310

SIZE STANDARD: $7 Million

SMALL BUSINESS EMERGING SMALL

BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE DISABLED VETEERAN- 8(A)

OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

N/A

13a THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTRERED BY CODE

Same as block #9

17a. CONTRACTOR/ CODE CODE PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Siuslaw Road Maintenance - IDIQ Siuslaw National Forest

Central Coast Ranger District and Hebo Ranger District

See Section B – Continuation of SF1449 – Schedule of Items on Page 3

See attached Section B – Schedule of Items

25. ACCOUNTING AND APPROPRIATION DATA

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _1_

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHEERWISE IDENTIFED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. ______________________ OFFER

DATED ______________ . YOUR OFFER ON SOLICITAATION

(BLOCK 5), INCLUDIDNG ANY ADDITIONS OR CHANGES WHICH ARE

SET FORORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITIONS IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

PRESCRIBED BY GSA – FAR (48 CFR) 53.212

ff19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

NOTE: Offerors MUST register in the Central Contractor Registration (CCR) data base – See FAR 52.204-7 and Online Representations and Certifications Applications (ORCA) – See FAR clause 52.204-8.

Quoters are requested to place their offers on the Schedule of Items in Section B.

Resulting contract will be a Firm- Fixed Price Type Contract

DUNS Number_____________________

TIN Number________________________

EMAIL __________________ ____

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ____________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

PAYMENT 37. CHECK NUMBER

PARTIAL FINAL COMPLETE PARTIAL FINAL

38. S/R ACCOUNTG NO.

39 S/R VOUCHER NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITILE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

Siuslaw Road Maintenance IDIQ

Continuation of SF 1449

SECTION B ‐ SCHEDULE OF ITEMS

Siuslaw Road Maintenance Services IDIQ

ITEM #1 ‐ Central Coast Ranger District (CCRD)

BASE YEAR PERIOD is from Award of contract to September 30, 2012

ITEM NO. SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE AMOUNT

807(1) Excavator 40 Hour $ $

807(2) Backhoe 40 Hour $ $

807(3) Grader 40 Hour $ $

807(4) Dump Truck 40 Hour $ $

807(5) Brush Cutter 40 Hour $ $

807(6) Roller 40 Hour $ $

811(1) Surface Maintenance: Single Lane Roads 80 S‐Mi $ $

811(2) Surface Maintenance: Double Lane Roads

D‐Mi

811(3) Roller Compaction: Single Lane Roads

Mi $ $

811(4) Roller Compaction: Double Lane Roads 10 Mi $ $

811(6) Shoulder Maintenance: Paved Roads 20 Mi $ $

813(1) Spot Surfacing, Government Source 40 CY $ $

813(2) Spot Surfacing, Commercial Source 40 CY $ $

814(1) Paved Surface Cleaning: Single Lane 15 MI $ $

814(2) Paved Surface Cleaning: Double Lane 10 MI $ $

832(1) Load, Haul and Place Material 20 CY $ $

832(2) Load, Haul and Place Material 10 MI $ $

832(3) Load, Haul and Place Material 3 LS $ $

834(1) Clean Ditches 100 Mile $ $

834(2) Clean Ditches and Drainage Structures 140 Mile $ $

842(1) Cutting Roadway Vegetation 80 Mile $ $

851(1) Logging Out 20 Mile $ $

851(2) Logging Out 30 Each $ $

851(3) Hazard or Obstruction Removal 50 Each $ $

Siuslaw Road Maintenance Services IDIQ

861(1) Maintain Traffic Gate 5 Each $ $

861(2) Install or Maintain Rock/Earth Barrier 10 Each $ $

872(1) Install or Replace Single Post and Sign, Government Furnished

Each $ $

872(2) Install or Replace Double Post and Sign, Government Furnished

Each $ $

872(3) Install or Replace Sign, Government Furnished 20 Each $ $

881(1) Mobilization – Central Coast Ranger District 1 LS $ $

891(1) Water Supply and Watering 25 Mgal $ $

Total Offer Base Year – ITEM #1 CCRD:

ITEM #2 ‐ Hebo Ranger District (HRD)

BASE YEAR PERIOD is from Award of contract to September 30, 2012

ITEM NO. SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE AMOUNT

807(1) Excavator 40 Hour $ $

807(2) Backhoe 40 Hour $ $

807(3) Grader 40 Hour $ $

807(4) Dump Truck 40 Hour $ $

807(5) Brush Cutter 40 Hour $ $

807(6) Roller 40 Hour $ $

811(1) Surface Maintenance: Single Lane Roads 80 S‐Mi $ $

811(2) Surface Maintenance: Double Lane Roads

D‐Mi

811(3) Roller Compaction: Single Lane Roads

Mi $ $

811(4) Roller Compaction: Double Lane Roads 10 Mi $ $

811(6) Shoulder Maintenance: Paved Roads 20 Mi $ $

813(1) Spot Surfacing, Government Source 40 CY $ $

813(2) Spot Surfacing, Commercial Source 40 CY $ $

814(1) Paved Surface Cleaning: Single Lane 15 MI $ $

814(2) Paved Surface Cleaning: Double Lane 10 MI $ $

832(1) Load, Haul and Place Material 20 CY $ $

832(2) Load, Haul and Place Material 10 MI $ $

832(3) Load, Haul and Place Material 3 LS $ $

834(1) Clean Ditches 100 Mile $ $

834(2) Clean Ditches and Drainage Structures 140 Mile $ $

842(1) Cutting Roadway Vegetation 80 Mile $ $

851(1) Logging Out 20 Mile $ $

851(2) Logging Out 30 Each $ $

851(3) Hazard or Obstruction Removal 50 Each $ $

861(1) Maintain Traffic Gate 5 Each $ $

861(2) Install or Maintain Rock/Earth Barrier 10 Each $ $

872(1) Install or Replace Single Post and Sign, Government Furnished

Each $ $

872(2) Install or Replace Double Post and Sign, Government Furnished

Each $ $

872(3) Install or Replace Sign, Government Furnished 20 Each $ $

881(1) Mobilization – Hebo Ranger District 1 LS $ $

891(1) Water Supply and Watering 25 Mgal $ $

Total Offer Base Year – ITEM #2 HRD:

Offerors who submit an offer on both items may qualify their offer to limit the total quantity of work for which they will be obligated to accept. An offeror desiring to qualify their offer must complete the following:

1. “My offer is limited to Item #1 (CCRD) only: _____” (please initial)

2. “My offer is limited to Item #2 (HRD) only: _____” (please initial)

3. “My offer is for Item #1, Item #2 or both: _____” (please initial)

Qualifications other than as provided above will cause the offer to be considered nonresponsive.

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.

Contract time will be determined for each task order issued per the table below per unit of measure ordered.

Pay Unit # units per 8 Hour day

HR=Hour 8 hours per day EA=Each varies S-Mi = Single Lane Mile 3 miles per day D-Mi = Double Lane Mile 2 miles per day LS= Lump Sum varies CY-Mi = Cubic Yard Mile varies Mgal= one thousand gallons varies MI = Mile 2 miles per day

ANNUAL PRICE ADJUSTMENT

Offerors wishing to propose revised prices in successive years shall state in the spaces below the price adjustment percentages to be used by the Government to compute future year prices, to be effective for the second and third years. For instance, a 3% price adjustment factor is shown as 3% (rather than 103% or 1.03). Note that the 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 price adjustment percentages(s):

2nd Year ___________% Effective 10/1/2013 3rd Year ___________% Effective 10/1/2014

For technical information contact: Binky Hendrix 541.563.8421.

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 $2,500 but not in excess of $300,000.

CONTRACT TYPE

This is a Fixed Price Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract for a Base Period and two

(2) possible Option Periods. In addition, this is a multiple award contract, the Government may award a maximum of five (5) contracts (up to 3 for CCRD and up to 2 for HRD).

CONTRACT PERIOD

Base Year: Date of award through September 30, 2012 Option Year 1: October 1, 2012 through September 30, 2013 Option Year 2: October 1, 2013 through September 30, 2014

The Ordering Period establishes date limits for the issuance of Individual Project Task Orders. Actual performance periods for completion of work included in Individual Project Task Orders may extend beyond these dates.

The actual value of each contract is based on the cumulative amounts of Individual Project Task Orders and any modifications to them.

The start work date and performance time will be identified on each task order. Contract time may run continuously with no time discounted for weather or fire restrictions.

EVALUATION FOR AWARD

For evaluation purposes only, award will be based on the total of all listed subitems for the base year plus the annual price adjustment percentages for the additional years. Award will be made on the best value for the Government. Award will not be made for less than one item as set forth in the Schedule of Items. Evaluation of options will not obligate the Government to exercise the option(s).

Offerors must respond to the other factors as described under EVALUATION CRITERIA in FAR 52.212-2 Evaluation – Commercial Items (Jan 1999).

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.

If Contract award is for a value of $100,000 or more, the Contractor must also be registered with VETS-100, website: http://www.vets100.com

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

FAR 52.215-5 FACSIMILE PROPOSALS (Oct 1997)

(a) Definition.

Facsimile proposal, as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: 541.750.7236

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document --

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

SECTION C - CONTRACT CLAUSES

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;

(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 invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of

1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

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

(2)

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

(A) Change the name in the CCR database;

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

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

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227- 2423, or 269-961-5757.

ADDENDUM TO FAR 52.212-4

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):

http://farsite.hill.af.mil/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-4 Printed or Copied Double-sided on Post Consumer Fiber Content (MAY 2011) 52.211-18 Variation of Estimated Quantity (APR 1984) 52.223-6 Drug-Free Workplace (MAY 2001) 52.232-18 Availability of Funds (APR 1984) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-13 Accident Prevention (NOV 1991) 52.242-14 Suspension of Work Order (APR 1984) 52.242-15 Stop Work Order (AUG 1989) 52.243-4 Changes (JUN 2007) 52.249-1 Termination for Convenience of the Government (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.237-75 Restrictions against Disclosure (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Performance Statement of Work, Investigation plan and Quality Assurance Surveillance Plan referenced in the attachments.

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled within 20 days after the date of contract award. The conference will be held at the headquarters of the Siuslaw National Forest, 3200 SW Jefferson Way, Corvallis, Oregon unless otherwise changed by mutual agreement.

(b) Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the prework conference.

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 for each task order.

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than specified in the task order The time stated for completion shall include final cleanup of the premises.

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 Award of contract through September 15, 2014.

(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.

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 $2,500 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under this contract.

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

(1) Any order for a single item in excess of $100,000;

(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 subparagraph (1) or (2) above.

(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) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractors shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 (ten) 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.

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, these 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 Delivery-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 the contract after the performance period stated on the Task Order.

ISSUANCE OF TASK ORDERS/ORDERING FOR THIS PROJECT

A. Services to be provided hereunder will be ordered by issuance of a written task order using form OF-347, ORDER FOR SUPPLIES OR SERVICES; FS-6300-12, WORK ORDER; SF-30, CONTRACT MODIFICATIONS; or approved Contracting Officer form. All work will be ordered by Firm-Fixed price TASK ORDERS (TO) at the prices listed on the Schedule of Items. Concurrent Task Orders may be issued.

Each task order will reference this contract and will be subject to all the terms and conditions herein.

Each task order will contain the following information.

ISSUANCE OF TASK ORDERS

1. Task Order and Contract Number

2. Date of Order

3. Services, Quantity and Prices

4. Delivery Date

5. Delivery Location (road numbers, mile posts, and single or two lane road designation) and

Vicinity Map.

6. Job Code

B. Delivery/task orders will be issued at the price awarded on this basic contract and shall be firm-fixed price.

C. The following individuals may place orders against this contract, for work on the Siuslaw National Forest only:

Any warranted Contracting Officer with proper delegated authority within the Western Oregon Acquisition Zone (Siuslaw, Willamette, Umpqua or Siskiyou/Rogue River National Forests).

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 10 days before the contract expires provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

SCHEDULES FOR SERVICE CONTRACTS

Contractor shall, as requested within 10 days from receipt of any subsequent request from the Contracting Officer, submit a time chart or schedule of proposed progress to insure completion of the work within the time set forth in the task order. If Contractor's progress falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require 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.

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.

NOTICE TO PROCEED

A Notice to Proceed will be issued in writing by the Contracting Officer or Contracting Officer's Representative (COR) for each task order. No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Notice to Proceed.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

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

The Contracting Officer should be informed as soon as possible or any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual 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.

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.

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN AND ACCEPTANCE

REQUIREMENTS

A. Government Quality Assurance Inspection. The Government will, at its convenience, make periodic inspections of the work to assure itself of contract compliance and to perform Quality Assurance Inspections to determine confirm that the Contractor is performing quality control in accordance with its QCP and that Contractor monitoring results in quality performance of contract objectives.

B. Acceptance. Acceptance of the work under the contract will be made after steps in (a) above have been taken and the Contracting Officer has made the determination of satisfactory compliance with the specifications.

C. Rework and Reinspection after Rework. When inspections indicates that the performance objectives were not met, the work will be deemed unsatisfactory and payment will not be made until the Contractor has assured the Government that its Quality Control measures have corrected the deficiencies. Inspections after rework will be made in the same manner as the first inspection. The cost to the Government for inspections necessitated by the rework will be deducted from any payments to the Contractor.

UNSATISFACTORY PERFORMANCE

Nonconformance with any of the specifications will require rework at the Contractor’s expense to bring the work up to specification standards.

PROSECUTION OF WORK -- WORK HOUR LIMITS -- WORK ITEM LIMITS

Estimated Estimated Item Beginning Date Ending Date

834(4) Clean Ditches June 1st September 30th 834(5) Clean Ditches and Drainage Structures June 1st September 30th

Items shall be completed within the specified dates stated above. Work associated with live streams shall be limited to the period between: July 15 through September 15.

All project work areas shall be open to public access and free of hazards on weekends.

The Contractor shall conduct activities so that interference with the public shall be kept at a minimum.

When contract work prevents traffic flow, the Contractor is authorized to delay traffic not to exceed 30 minutes. Notify COR at least 14 days in advance prior to starting activities that require closure to the public.

The contractor shall shut down all equipment when there is 1 inch precipitation in a 24 hour period and/or ½ inch precipitation in 1 hour. Additional seasonal restrictions to protect wildlife, if required, will be stated on individual task orders.

USE OF PREMISES

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

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

c. Temporary storage / parking of equipment – The contractor is required to obtain written permission prior to parking equipment in locations other than within the currently ordered work area.

Appropriate care will be taken to prevent any fuel spills or leaks from the equipment. Such permission, if granted, will be without charge to the Contractor.

STORAGE OF MATERIALS

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.

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 below, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

Keep existing roads open to all traffic during contract work, and maintain them in a condition that will adequately accommodate traffic. Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a Written Plan for the satisfactory handling of traffic has been approved. Post Traffic Control Signs and Devices in conformance with the current edition of the “Manual on Uniform Traffic Control Devices” (MUTCD). Do not proceed with work on the project until all required signs are in place and approved.

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

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

(a) The current National Forest Road Use Rules Document is applicable to all commercial road users.

This document is available for inspection at the office of the Forest Road Manager, or at District Road Manager’s offices, and shall be applicable except when modified by provisions of this contract. An abbreviated copy of the Road Rules Document is attached. A full copy is available on request.

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

TRAFFIC CONTROL, FLAGGERS, BARRICADES, WARNING SIGNS, AND OTHER

DEVICES

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Barricades and other obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. Keep traffic devices current with maintenance operation and remove upon completion.

All operations and signing shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD).

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points, where the new work crosses or coincides with an existing road or trail. Required signs may be mounted on portable or temporary mountings. Use standard MUTCD shapes, colors, sizes, and legends.

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

Obtain authorization before commencing work at night.

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

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

MOTORIZED EQUIPMENT

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

SPECIAL REQUIREMENTS FOR WATER DRAFTING EQUIPMENT

Water drafting equipment may be used only at water sources designated on the Vicinity Map, task order, or provided by the Contracting Officer. Such equipment shall include a screen around the intake (foot valve) with openings no larger than 1/8 - inch. An air gap or positive anti-siphon device shall be provided between the water source and the vehicle being loaded if the vehicle has been used for other than water haul, if the source is a domestic potable water supply, or the water is used for tank mixing with any other materials. Materials must be readily available and appropriate measures taken to prevent petroleum products from entering the water source.

HAZARDOUS MATERIAL SPILL CLEAN-UP KIT

A hazardous material spill clean-up kit shall be maintained and readily available for potential use on the project at each work site and approved equipment…