1_CompleteSolicitationPackageAG04T0S130012.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISTION NUMBER

628879

2, CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-04T0-S-13-0012

6. SOLICITATION SSUE

DATE: 03/27/2013

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Janet Paul, CO, 541.750.7120 Walt Hislap, COR, 541.750.7139

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

8 OFFER DUE DATE/

LOCAL TIME: 04/29/2013

@ 4:00 pm PST

9. ISSUED BY CODE 10. THIS ACQUISITION IS

USDA Forest Service Siuslaw National Forest ATTN: Contracting, AQM

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

Multi-Agency Road Decommissioning &

Storm Proofing – IDIQ

Siuslaw and Willamette National Forests & Eugene and Salem BLM Districts

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: Prospective awardees MUST be registered in the System for Award Management (SAM) to be awarded a Federal Government contract. If you are not registered, please register at the following site:

https://www.sam.gov/portal/public/SAM/

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

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

Multi-Agency Road Decommissioning and Storm Proofing – IDIQ

Continuation of SF 1449

SECTION B ‐ SCHEDULE OF ITEMS

Multi‐Agency Road Decommissioning & Storm Proofing – IDIQ Siuslaw and Willamette National Forests; Eugene and Salem BLM Districts

BASE YEAR PERIOD is from Award of contract to December 31, 2013

ITEM NO. SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE AMOUNT

1.1 Storm proofing by water‐bar installation, driveable 10 Mile $ $

1.2 Storm proofing by water‐bar installation, non‐driveable

15 Mile $ $

1.3 Storm proofing by rolling dip installation 5 Each $ $

1.4 Road decommissioning by surface ripping and water‐bar installation

10 Mile $ $

1.5 Road ripping and water‐bar installation by excavator

500 Linear Foot

1.6 Fill slope pullback

PER TASK

ORDER Lump Sum

PER TASK

ORDER

PER TASK

ORDER

1.7 Road closure by berm barricade installation 5 Each $ $

1.8 Road closure by boulder placement

Each $ $

1.9 Removal of culvert with fill less than 8 feet

Each $ $

1.10 Removal of culvert with fill greater than 8 feet, not exceeding 15 feet

Each

1.11 Removal of culvert with fill exceeding 15 feet

PER TASK

ORDER Each

PER TASK

ORDER

PER TASK

ORDER

1.12 End haul

20 Cubic

Yards

1.13 Seeding and straw mulching placement for culvert removal sites

PER TASK

ORDER

Each

PER TASK

ORDER

PER TASK

ORDER

1.14 Seeding placement for culvert removal sites

PER TASK

ORDER Each

PER TASK

ORDER

PER TASK

ORDER

1.15 Stream channel rock

PER TASK

ORDER

Cubic Yards

PER TASK

ORDER

PER TASK

ORDER

1.16 Project access and unexpected work

PER TASK

ORDER

Lump Sum

PER TASK

ORDER

PER TASK

ORDER

1.17 Mobilization with initial equipment cleaning

PER TASK

ORDER

Lump Sum

PER TASK

ORDER

PER TASK

ORDER

1.18 Subsequent equipment cleaning PER TASK

ORDER

Lump Sum

PER TASK

ORDER

PER TASK

ORDER

Quotations shall be submitted for the total item. Quotations for less than the total item will not be considered.

TOTAL

and Storm Proofing – IDIQ

SECTION B ‐ SCHEDULE OF ITEMS

Multi‐Agency Road Decommissioning & Storm Proofing – IDIQ

CONTRACT TYPE AND CONTRACT PERIOD

Base Period: Date of award through December 31, 2013 Option Year 1: January 1, 2014 through December 31, 2014 Option Year 2: January 1, 2015 through December 31, 2015 Option Year 3: January 1, 2016 through December 31, 2016

This is a One-Year Indefinite-Delivery Indefinite-Quantity (IDIQ) contract with option to extend the term of the contract for three additional years for the services specified. In addition, this is a multiple award contract, the Government may award a maximum of four (4) IDIQ contracts.

Quantities appearing in this document are estimated. Amounts are for evaluation purposes only.

Quoters shall enter a unit price for each pay item and then multiply the unit price by the estimated quantity to obtain the total amount.

Sub-item 1.16 “Project Access and Unexpected Work” will be utilized when unplanned work is encountered in areas of issued task orders. The work will be reviewed, price agreed upon to include the work to be accomplished in the task order. Example: large quantities of logs on and/or across road blocking access to work area.

Sub-item 1.18 “Subsequent Equipment Cleaning” is intended to provide the Government with the opportunity to pay for equipment washing should the need arise during the contract period. Use is not guaranteed.

The estimated start work date is JUNE 2013. The start work date and performance time will be identified on each task order. Contract time may run continously with no time discounted for weather or fire restrictions.

For further information or technical questions, contact Walt Hislop at 541.750.7139. Site visits to “typical” project sites my be accomplished by contacting Walt Hislop, or Mike Brouwer at 541.750.7138.

See ATTACHMENTS section (Pages 38 – 62 ) for Description, Specifications, Statement of Work; and Vicinity Maps and Work Typicals.

ISSUANCE OF TASK ORDERS

Multi-Agency contracting authorized under Service First (Public Law 112-74):

USDA Forest Service, Agreement #06-MU-11132218-083 USDI Bureau of Land Management, Agreement #MOU-BLM-WO-850-2006-05

All work will be ordered by a competed task order and subject to Fair Opportunity through December 31 (Base Period and each Option Year exercised). Concurrent task orders may be issued.

Task orders may be issued by a warranted Contracting Officer (CO) at any of the following offices:

Western Oregon Acquisition Group (Siuslaw, Willamette, Umpqua, and Rogue River-Siskiyou National Forests), Eugene and Salem BLM District Offices, and Oregon/Washington BLM State Office. Orders will be placed in writing, by facsimile, or by electronic commerce methods.

Attachment 3 includes a Sample Quote Request/Task Order, which is provided as an illustration. Task orders may also be issued in combination with other formats, i.e. purchase orders.

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.

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.

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

NOTE: Prospective awardees MUST be registered in the System for Award Management (SAM) to be awarded a Federal Government contract. If you are not registered, please register at the following site:

https://www.sam.gov/portal/public/SAM/

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 $1,000.00 but not in excess of $750,000.00.

(The aggregate value of the all contract combined will not exceed $750,000.00 regardless of whether there are 1, 2, 3, or 4 contract holders.)

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.

1) POST AWARD CONFERENCE (AGAR 452.215-73)(NOV 1996)

(a) A post award conference with the successful offeror(s) 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 (for the Individual Task Orders).

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 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) SUPERINTENDENCE BY THE CONTRACTOR (FAR 52.236-6)(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:

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

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

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

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.

7) COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10)

(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 the applicable task order. The time stated for completion shall include final cleanup of the premises.

8) SCHEDULES FOR SERVICE CONTRACTS

The Contractor shall within 5 days from the receipt of request from the Contracting Officer, provide a proposed work schedule to insure completion of the work within the time set forth in the task order. 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 task order.

9) PROSECUTION OF WORK

(a) (a) Work shall be scheduled to assure the completion of the work within the specified period of time. Refer to the task order for seasonal restrictions or in-stream work periods.

(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.

(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 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 by a visual inspection of the work areas ordered and will be based on adherence to requirements stated in the specifications.

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.

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) ARCHAEOLOGICAL OR HISTORIC SITES (AGAR 452.236-73)(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

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

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

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer. Any spill shall be the responsibility of the Contractor and shall be cleaned up according to applicable Federal, State, and Local Rules and Regulations. The Oregon Emergency Response System for spills and other releases of hazardous chemicals and material may be reached at 1-800-452-0311 or 1-503-378-4124. The Contractor will take immediate action to clean up the spill or chemical release as soon as the spill is known. The Contractor will not wait until after notification to take immediate action, to clean up or contain, on any spill or chemical release.

(c) Prevention of Oil Spills - If Contractor maintains storage facilities for oil or oil products on project Area, Contractor shall take appropriate preventative measures to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan.

Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

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 or BLM 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 “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 travel ways in a condition suitable for traffic.

Unless otherwise provided, traffic delays may not exceed 30 minutes.

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.

[ ] Confined space entry.

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

[ 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.

[ ] Other: Uneven ground conditions.

Additional project specific hazards, not all inclusive:

[X] Equipment in roadway [X] Soft road shoulders

25) EMERGENCY CONTROL (AGAR 452.236-77) (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 adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-1. *

*For Commercial Item contracts, please substitute clause FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items.

26) SINGLE OR MULTIPLE AWARDS (FAR 52.216-27)(OCT 1995)

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

27) 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). 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. Award Amount

5. Delivery Date

6. Delivery Location and Vicinity Map

B. 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 Group (Siuslaw, Willamette, Umpqua, and Rogue River-Siskiyou National Forests), Eugene and Salem BLM District Offices, and/or Oregon/Washington BLM State Office.

28) ISSUING OFFICE ADMINISTRATION

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

29) 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.

1. Individual Project Task Orders may have separate Contracting Officers, Contracting Officer’s

Representatives, and Inspectors.

2. Individual Project Task Orders will have unique performance terms and notices to proceed.

3. Individual Project Task Orders will have separate payments.

30) PROCESS FOR REQUESTING INDIVIDUAL PROJECT QUOTES AND AWARDING

TASK ORDERS

(a) After award of the Request for Quotes the Individual Project quotes and awards shall follow the process established in this section.

(b) Source Selection for Individual Project Proposal Submission. It is the Government’s intent to provide each contract Awardees with a Fair Opportunity to be considered for each Individual Project. “Awardees” refers to the Contractors receiving awarded contracts under the basic Request for Quotes.

The Contracting Officer or the Contracting Officer’s Representative will be assigned the responsibility for preparation of the Individual Project package, unless otherwise stated on the Quote Request/Task Order. The assigned Contracting Officer may exercise broad discretion in determining which Awardees should be considered for a particular Individual Project. Whenever practicable all Awardees shall be provided Individual Project quote requests, unless compelling reasons dictate otherwise. Prior to providing Individual Project quote requests, all Awardees will be evaluated regarding the following:

Past Performance History Effectiveness of Contractor Quality Control Resources and Capabilities relating to the specific project Responsiveness to prior requests under the contract, if applicable Other factors such as availability and meeting minimum guarantees

Where these considerations cause any Awardees to be eliminated from further consideration, such decision shall be final. Competitive quotes will be sought from the selected Awardees.

(c) Individual Project Packaging. As they are developed Individual Projects will be packaged with all necessary detailed requirements that supplement the basic contract. Each Individual Project may include the following:

TASK ORDER form [Reference Attachment 3 Sample Quote Request/Task Order] Statement of Work – Project Scope, Project Location, Applicable Specifications Government Furnished Property and any additional Administrative Information Special Contract Requirements – Supplements to the basic contract clauses. This will include any use and operational period limitations, submittal requirements, and other details Attachments o Project Maps o Drawings, if applicable o Additional Evaluation Criteria, if required o Other Exhibits or Attachments

(d) Individual Project Quote Requests. Individual Project packages 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 Contracting Officer or Contracting Officer’s Representative. Individual Project Quote Requests may require only a quote or may also require submission of a written response to additional Evaluation Criteria that is specific to the project.

(e) Individual Project Quote Submission. Quotes shall be submitted to the issuing office as stated on the Quote Request/Task Order form by the specified response date. Quote submissions shall include:

Completed with “CONTRACTOR” signature on the TASK ORDER form Written Evaluation Criteria response, if required

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

(f) 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, 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

(g) Award of Individual Projects. A written award mailed or otherwise provided to a Quoter with a Contractor Acceptance form requiring signature by the Contractor shall result in a binding Individual Project Task Order.

(h) 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.

31) INDIVIDUAL PROJECT QUOTE RESPONSES

After the basic Request for Quotes is awarded Individual Project quotes are requested periodically. It is understood that the Contractor will be balancing their other commercial work with any proposed work under the awarded contract. Nonetheless there is a general expectation that Contractors will respond affirmatively to the majority of Individual Project quote requests with a reasonable price and performance proposal. Repetitive failure to respond may impact the source selection process for future Individual Project proposals.

32) ORDERING (FAR 52.216-18)(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 Period: Date of award through December 31, 2013 Option Year 1: January 1, 2014 through December 31, 2014 Option Year 2: January 1, 2015 through December 31, 2015 Option Year 3: January 1, 2016 through December 31, 2016

(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.

33) MINIMUM AND MAXIMUM CONTRACT AMOUNTS (AGAR 452.216-73)(FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $1,000.00, but not in excess of $750,000.00 per contract holder.

34) ORDER LIMITATIONS (FAR 52.216-19)(OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, 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 Task Order in excess of $100,000.00; or

(2) A combination of Task Orders in excess of $750,000.00.

(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.

35) INDEFINITE QUANTITY (FAR 52-216-22)(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 identified in the Individual Task Order, unless otherwise mutually agreed.

36) RESCHEDULING OF TASK ORDERS

If the Contractor cannot meet the estimated 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 Contractor shall secure the service from other sources at his/her own expense and meet the required schedule at no additional cost to the Government.

37) OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9)(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 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 the Base Period plus addition Option Periods, with performance periods for ordered work as specified within individual Task Orders.

38) FAIR OPPORTUNITY

Each contract holder will be given fair opportunity for the Task Order issued. Past Performance, Quality Control, and price, prior to award and during contract performance will be considered on Task Orders.

Ombudsman. If a Contractor believes they are not being fairly considered for a particular Task Order, they may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the Forest Service Ombudsman. The Ombudsman will review the Contractor’s complaint, and in coordination with the Contracting Officer, ensure that the Contractor is afforded a fair opportunity to be considered for the Task Order. Complaints to the USDA Forest Service Ombudsman must be forwarded to:

USDA Forest Service ATTN: Shawn O’Donnell Acquisition Management, Washington Office

Rosslyn Plaza 1621 N Kent Street, Plaza E, Suite 707 Arlington, VA 22209 Phone (703) 605-4544

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…