AG04T0S140017-CompleteSolicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISTION NUMBER

688591

2, CONTRACT NO.

AG-04T0-C-14-____________

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-04T0-S-14-0017

6. SOLICITATION SSUE

DATE: 05/12/2014

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: 06/16/2014

@ 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

Same as block #9

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

TELEPHONE NO.

www.IPP.gov

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 NF ROAD MAINTENANCE – IDIQ

Central Coast and Hebo Ranger 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.

Resulting contract will be Firm-Fixed Price.

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 NF Road Maintenance IDIQ

Continuation of SF 1449

SECTION B - SCHEDULE OF ITEMS

Siuslaw National Forest Road Maintenance – IDIQ

ITEM #1 - Central Coast Ranger District (CCRD)

ITEM NO. SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE AMOUNT

807(1) Excavator 1 Hour $ $

807(2) Backhoe 1 Hour $ $

807(3) Grader 1 Hour $ $

807(4) Dump Truck 1 Hour $ $

807(5) Brush Cutter 1 Hour $ $

807(6) Roller 1 Hour $ $

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

811(2) Surface Maintenance: Double Lane Roads

Mi

811(3) Roller Compaction: Single Lane Roads

Mi $ $

811(4) Roller Compaction: Double Lane Roads 1 Mi $ $

811(5) Shoulder Maintenance: Paved Roads 1 Mi $ $

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

813(2) Spot Surfacing, Commercial Source 1 CY $ $

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

814(2) Paved Surface Cleaning: Double Lane 1 MI $ $

832(1) Load, Haul and Place Material (Slide 5-20 CY) 1 LS $ $

832(2) Load, Haul and Place Material (Slide 21-50 CY) 1 LS $ $

832(3) Load, Haul and Place Material (Slide 51-100 CY) 1 LS $ $

834(1) Clean Ditches 1 Mile $ $

834(2) Clean Ditches and Drainage Structures 1 Mile $ $

842(1) Cutting Roadway Vegetation 1 Mile $ $

851(1) Logging Out 1 Mile $ $

851(2) Logging Out (Trees 10” to 24” in diameter) 1 Each $ $

851(3) Logging Out (Trees > 24” in diameter) 1 Each $ $

851(4) Hazard or Obstruction Removal 1 Each $ $

Siuslaw Road Maintenance Services IDIQ

ITEM #1 Continued - Central Coast Ranger District (CCRD)

QUANTITY UNIT UNIT PRICE AMOUNT

861(1) Maintain Traffic Gate 1 Each $ $

861(2) Install or Maintain Rock/Earth Barrier 1 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 1 Each $ $

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

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

*Total Offer Base Year – ITEM #1 CCRD:

(October 1, 2014 – December 31, 2015)

*This is an Indefinite-Delivery, Indefinite-Quantity type contract. The quantities shown are estimates.

Unit Prices will become the fixed unit prices for all future Task Orders issued against the IDIQ Contract.

ITEM #2 - Hebo Ranger District (HRD)

QUANTITY UNIT UNIT PRICE AMOUNT

807(1) Excavator 1 Hour $ $

807(2) Backhoe 1 Hour $ $

807(3) Grader 1 Hour $ $

807(4) Dump Truck 1 Hour $ $

807(5) Brush Cutter 1 Hour $ $

807(6) Roller 1 Hour $ $

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

811(2) Surface Maintenance: Double Lane Roads

Mi

811(3) Roller Compaction: Single Lane Roads

Mi $ $

811(4) Roller Compaction: Double Lane Roads 1 Mi $ $

ITEM #2 Continued - Hebo Ranger District (HRD)

QUANTITY UNIT UNIT PRICE AMOUNT

811(5) Shoulder Maintenance: Paved Roads 1 Mi $ $

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

813(2) Spot Surfacing, Commercial Source 1 CY $ $

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

814(2) Paved Surface Cleaning: Double Lane 1 MI $ $

832(1) Load, Haul and Place Material (Slide 5-20 CY) 1 LS $ $

832(2) Load, Haul and Place Material (Slide 21-50 CY) 1 LS $ $

832(3) Load, Haul and Place Material (Slide 51-100 CY) 1 LS $ $

834(1) Clean Ditches 1 Mile $ $

834(2) Clean Ditches and Drainage Structures 1 Mile $ $

842(1) Cutting Roadway Vegetation 1 Mile $ $

851(1) Logging Out 1 Mile $ $

851(2) Logging Out (Trees 10” to 24” in diameter) 1 Each $ $

851(3) Logging Out (Trees > 24” in diameter) 1 Each $ $

851(4) Hazard or Obstruction Removal 1 Each $ $

861(1) Maintain Traffic Gate 1 Each $ $

861(2) Install or Maintain Rock/Earth Barrier 1 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 1 Each $ $

881(2) Mobilization – Hebo Ranger District 1 LS $ $

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

*Total Offer Base Year – ITEM #2 HRD:

(October 1, 2014 – December 31, 2015)

*This is an Indefinite-Delivery, Indefinite-Quantity type contract. The quantities shown are estimates.

Unit Prices will become the fixed unit prices for all future Task Orders issued against the IDIQ Contract.

ITEM QUALIFICATION(S)

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.

ANNUAL PRICE ADJUSTMENT

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.

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):

Option Year 1 ___________% Effective January 1, 2016– December 31, 2016 Option Year 2 ___________% Effective January 1, 2017 – December 31, 2017 Option Year 3 ___________% Effective January 1, 2018 – December 31, 2018 Option Year 4 ___________% Effective January 1, 2019 – December 31, 2019

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

CONTRACT TYPE

This is a Fixed Price Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract for a Base Period and four (4) possible Option Periods. In addition, this is a multiple award contract, the Government may award a maximum of five (5) contracts.

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 $1,000,000.00.

(The aggregate value of all the contracts combined will not exceed $1,000,000.00 regardless of whether there are 1 – 5 contract holders.)

CONTRACT PERIOD

Base Year: October 1, 2014 – December 31, 2015 Option Year 1: Effective January 1, 2016– December 31, 2016 Option Year 2: Effective January 1, 2017 – December 31, 2017 Option Year 3: Effective January 1, 2018 – December 31, 2018 Option Year 4: Effective January 1, 2019 – December 31, 2019

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).

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 offerors is required. It will be scheduled within 20 days after the date of contract award. The conference will be held at: TBD.

(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 -- WORK HOUR LIMITS -- WORK ITEM LIMITS

Estimated Estimated Item Beginning Date Ending Date

834(1) Clean Ditches June 1st September 30th 834(2) 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.

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 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.

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) 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.

14) 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.

15) 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.

16) LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS

(a) The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements:

1. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or natural features unless specifically authorized by the Government. Unless otherwise provided in the Special Project Specifications, the Contractor shall confine contract operations to within the areas designated in contract documents. Unless otherwise provided in this contract, the Contractor shall gather rock which falls outside the roadway due to contract operations and dispose of it as directed by the Government.

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

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

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

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

1. Wash water or waste from concrete, aggregate or other operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

2. Mechanized equipment shall not be operated in live streams without written approval by the

Contracting Officer.

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

1. If the total on-site oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. This plan shall include notification of appropriate state and local officials, the Contracting Officer and other appropriate agencies.

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

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

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

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

17) EQUIPMENT CLEANING REQUIREMENTS

All earth moving equipment (loaders, excavators, dump trucks, etc.) moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands. Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose.

Project areas designated in Marys Peak Recreation Area shall be cleaned and free of soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds prior to entering the botanical area (even from other areas of the Siuslaw National Forest). Project areas designated in the South Jetty Road Recreation Area shall be cleaned prior to entering the project site or prior to leaving the work site.

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

The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily inspection and cleaning as appropriate.

18) THREATENED, ENDANGERED, AND SENSITIVE SPECIES

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

19) PROPERTY AND PERSONAL DAMAGE

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

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

20) PUBLIC OFFICIALS NOT PERSONALLY LIABLE

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

21) USE OF ROADS BY CONTRACTOR

The Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites for all activities necessary to complete this contract.

This authorization is subject to the limitations described 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.

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

The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all inclusive. The Contractor shall provide a written job-specific hazard analysis and safety plan that addresses and conforms to the requirements of 29 CFR 1910 and 1926 and the clause entitled Accident Prevention (FAR 52.236-13) included herein. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazards.

• tree bucking/limbing

• fall hazard from work heights exceeding six feet

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

• heavy equipment operation

• fire hazards

• hazardous materials handling

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

• mechanical hazards such as pulleys, springs etc.

• temporary excavation/slope stability

• travel on decommissioned roads, i.e. roads with waterbars and other barriers

• equipment in roadway

• soft road shoulders

25) HAZARD TREES

If contractor locates a tree that is considered a danger to current maintenance activities, it shall be reported to the COR or Inspector immediately. After verification by trained personnel, the tree will be felled. Cleanup of the resulting slash may be required and will be ordered on a separate task order.

26) KEY PERSONNEL

Key personnel are those personnel (Project Manager, supervisor, equipment operators, etc.) considered essential for successful completion of this contract. All key personnel shall be identified in the Contractor’s Technical Proposal.

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

27) 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.

28) 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.

29) 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.

30) 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.

31) 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 storage / parking location. Spill clean-up kits shall contain the following items as a minimum:

1 case absorbent pads suitable for absorbing hydraulic fluid, engine oil, and fuel 1 gallon "Plug-a-Dike" or equivalent material A five-gallon mixing container

32) SUBMITTALS

The following submittals are required for this project:

Title Referenced by Contract clause or Specification No.

Time of Government Approval After Submittal

Traffic Control Plan Use of Roads by Contractor clause 7 days

Safety Plan Accident Prevention clause (FAR 52.236-13)

N/A

Engineered Spill Prevention Plan Landscape Preservation and Hazardous Materials clause

2 days

Fire Plan R6-FS-6300-55 and Certification that your Fire Tools and Equipment are in full compliance with the contract requirements

R6-FS-6300-52 part 2 N/A

Designation of Representative

R6-FS-6300-6

Superintendence By The Contractor

(FAR 52.236-6)

N/A

Drug Free Workplace Policy Drug-Free Workplace

(FAR 52.223-6)

N/A

Progress Schedule Section F N/A

33) SALVAGE RIGHTS

No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

34) PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and

(2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

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

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

(a) Operations 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.).

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

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

36) EQUIPMENT REQUIREMENTS

Equipment shall be of modern design, and in good operating condition with a competent, qualified operator.

Equipment shall be cleaned, free of any noxious or invasive plant seeds, free of fluid leaks and in good operating condition. Each piece of equipment, excluding highway vehicles and trucks, shall be supplied with skimming absorbent pads sufficient to absorb 10 gallons of oil. Pads shall be the type which are made to float on the surface, while absorbing oil and repelling water. Pads shall be "New Pig" pad #MAT214 or other manufactured pads meeting or exceeding the New Pig Skimming pad specifications.

When the Contractor is paid for furnishing and operating equipment on an hourly or daily basis, it shall be operated at its design speed, or the maximum speed feasible under prevailing conditions.

All operators of equipment used in these projects will have sufficient skill and experience to properly perform the work assigned. An operator who, in the opinion of the COR, is not thoroughly knowledgeable in equipment operation, or specifications, will be removed and replaced immediately upon written request of the Contracting Officer.

37) PROTECTION OF HABITAT OF ENDANGERED, THREATENED, AND SENSITIVE SPECIES

Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of 1973, as amended, or as sensitive by the Regional Forester under authority of FSM 2670, are shown on the Drawings and identified on the ground. Measures needed to protect such areas have been included elsewhere in this contract or as follows: None

If protection measures prove inadequate, if other such areas are discovered, or if new species are listed as Federally threatened or endangered or as sensitive by the Regional Forester, Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known.

Discovery of such areas by either party shall be promptly reported to the other party.

38) GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Item No.

Description

Quantity

Delivery Date & Place

811 or 831 Water Drafting Sources

FOR DURATION OF

CONTRACT

As Ordered Locations to be identified on task orders

872 Signs, posts, markers As needed M-F

8:00 – 3:00

Locations to be identified on task orders

Additional Government Furnished property may be provided under individual task orders; pricing adjustment shall be applied where applicable

39) 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.

40) TERMINATION FOR DEFAULT, DAMAGES FOR DELAY

Employment of undocumented workers is conducive to creating situations that cause undue and unwarranted disruptions to contract work. To avoid these situations, it is hereby mutually agreed in the event the Contracting Officer receives written notice from the U. S. Immigration and Naturalization Service of two (2) separate instances where undocumented workers were employed on work under this Contract; action will be taken to place the Contractor in default.

41) 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.

42) 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…