S-17-0014_Albion_Pit_Stockpile.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

846390

PAGE 1 OF

2. CONTRACT NO.

3.AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER

AG-05G1-S-17-0014

6. SOLICITATION ISSUE

DATE

March 20, 2017

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Cathy E. Van Alyne Contracting Officer

b. TELEPHONE NUMBER (No collect calls) 509.684.7114

8. OFFER DUE DATE/

LOCAL TIME

April 4, 2017

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE 100 % FOR

USDA Forest Service Colville National Forest 765 South Main Colville, WA 99114

Quotes are due April 4, 2017 at 3:00 p.m.

SMALL BUSINESS WOMAN –OWNED SMALL BUSINESS (WOSB)

HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM

SERVICE DISABLE VETERAN- EDWOSB

VETERAN-OWNED SMALL

BUSINESS 8(A)

NAICS Code 238910 Size Standard $15 million

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13A. THIS CONTRACT IS RATED

ORDER UNDER DPAS (15 CFR 700

13B. RATING

14. METHOD OF SOLICATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

Three Rivers Ranger District Colville National Forest 255 West 11th Kettle Falls, WA 99141

See Block 9

17a. CONTRACTOR/ OFFERER

TELEPHONE NO. DUNS #____________________

FAX NO. TIN #_____________________

E-Mail Address: ________________________

18a. PAYMENT WILL BE MADE BY

Invoice Office: Invoice Processing Platform (IPP). All invoices must be submitted electronically through the Invoice Processing Platform (IPP) via www.ipp.gov.

Payment Office is: USDA, OCFO, COD, APB.

P.O. Box 60075, New Orleans, LA 70160

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT 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

Albion Pit Stockpile Three Rivers Ranger Districts Colville National Forest Note: This Acquisition Project is set-aside for HubZone Firms.

Insert your prices on page 3.

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

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 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 ONE

COPY TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN

29. AWARD OF CONTRACT: REFERENCE RFQ AG-05G1-S-17-0014

OFFER DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET

FORTH 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 EDITION IS NOT USABLE STANDARD FORM 1449 (Rev. 2/2012)

Prescribed by GSA-FAR (48CFR 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Albion Pit Stockpile Three Ranger Districts Colville National Forest

Enter your prices on page 3.

If you wish to be considered, submit your quote by the dated listed on page 1.

For information required in your quote/proposal for this project, reference pages 44.

All correspondence must reference AG-05G1-S- 17-0014 in the subject line or on the envelope.

Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an award is made.

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 AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECTFOR

36. PAYMENT

COMPLETE PARTIAL

FINAL

37. CHECK NUMBER

PARTIAL

FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41 c. DATE 42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.2/2012) BACK

Albion Pit Stockpile RFQ AG-05G1-S-17-0014 Three Rivers Ranger District Page 3

SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ITEM

NO.

SUPPLIES AND

SERVICES

DESCRIPTION

Estimated

QUANTITY

UNIT

UNIT

PRICE

TOTAL

PRICE

Albion Pit Stockpiled - Aggregate Three Rivers Ranger District

32002A Base Item Stockpiled Aggregate, Subsection 703 Grading C

7,000 Ton $______

Option 32002B

Option Item* Stockpiled Aggregate, Subsection 703 Grading C

5,000* Ton $______

Total Quote (Base + Option Item)

Furnishing of the certified wee free aggregate, mobilization, hauling and removal of any obstructions are incidental.

FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within October 6, 2017. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

*Option Item Note

The quoter must submit a unit price for ALL units to be considered for award.

The Government may exercise the Option Item for additional tons. The unit prices listed in the option, will be used in exercising the option.

The quantity of the Option Item (the Government may elect to exercise) may be 1 ton up to 5,000 tons and will depend on site conditions and funding availability.

Funding is currently available for the base item. However, if quoter’s prices come in higher than the Government’s estimate, funding may not be available for all the base item. If award cannot be made for all the quantity of the base item, the quantity not awarded will become part of the option item and the quantity will be added to the quantity listed in paragraph three of this clause.

Albion Pit Stockpile RFQ AG-05G1-S-17-0014 Three Rivers Ranger District Page 4

Competitive HUBZone Set-Aside Procurement.

This requirement is set-aside for HUBZone firms. All eligible and responsible HUBZone sources may submit a quote.

System of Award Management Requirement

No award will be made to a Contractor not registered in the System of Award Management (SAM). In addition, the Contractor’s Representations and Certification must be listed in the SAM database. Reference https://www.acquisition.gov or https://www.sam.gov/portal/public/SAM/.

Note: There is no fee to register and use this site.

During the contract, the Contractor must always have an active status in SAM during the life of this contract.

Invoices will be paid using the financial information provided in the Contractor’s SAM profile. Failure to keep an active status may result in payment delays and other administration delays.

Technical Proposal

The Contractor’s technical proposal will become part of this contract.

https://www.acquisition.gov/

Albion Pit Stockpiling RFQ AG-05G1-S-17-0014 Three Rivers District Page 5

COMMERCIAL COMBINED SYNOPSIS/SOLICITATION

CONTRACT CLAUSES

This is a combined synopsis/ solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

The solicitation number is AG-05G1-S-17-0014 is issued as a Request for Quotes (RFQ).

Block 27 of SF1449: The full text of a clause or provision may be accessed electronically at https://www.acquisition.gov.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

This clause is cited by reference only. The contractor is required to review and understand the terms and conditions of this clause.

Addendum to FAR 52.212-4

Addendum to 52.212-4(g), Invoice. The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must register at https://www.ipp.gov/vendors/enrollment-vendors.htm.

Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted. The Contractor must also attach a detailed invoice in IPP.

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statement (JAN 2017) (Applicable if contract is awarded to an individual) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEPT 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.232-11 Extras (APR 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) http://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-vendors.htm http://www.usda.gov/procurement/policy/agar.html

Albion Pit Stockpile RFQ AG-05G1-S-17-0014 Three Rivers Ranger District Page 6

52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-14 Suspension of Work Order (APR 1984) 52.244-6 Subcontracts for Commercial Items (JAN 2017) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.228-71 Insurance Coverage (NOV 1996) 452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-77 Emergency Response (NOV 1996)

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

Three Rivers District Page 7

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

FAR 52.211-10 Commencement Prosecution, and completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 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 October 6, 2017. The time stated for completion shall include final cleanup of the premises.

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.

Schedule and Prosecution of Work

A. Contract time will start on the effective date of the Notice to Proceed.

B. The Contractor shall maintain progress at a rate which will assure completion within the contract time. The rate of progress will be determined from the Contractor's proposed progress schedule which shall reflect total contract time. The proposed progress schedule shall be submitted at the time of the post award meeting (post award meeting). If Contractor's progress falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

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

D. 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.

E. The Government reserves the right to prescribe the sequence of the work.

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

G. Contract time, whether stated in terms of calendar days or a completion date, has made allowance for inclement weather, fire closure and seasonal shutdowns. Contractor's progress will be measured against Contractor's approved progress schedule.

H. 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.

Albion Pit Stockpile RFQ AG-05G1-S-17-0014 Three Rivers Ranger District Page 8

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

Schedules for Service Contracts

Contractor shall, at the pre-work meeting or within 5 days from receipt of any subsequent request from the Contracting Officer, submit a time chart or schedule of proposed progress to insure completion of the work within the time set forth in the contract. If Contractor's progress falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

Supplement to Suspension of Work

Whenever the Contracting Officer determines that the temperature, humidity, soil moisture, plant moisture stress, winds, or combination of these and other physical conditions have become unsuitable for project to continue in any area, the Contractor shall move the work force to another area(s) prescribed by the Contracting Officer. When no other area is available, the Contracting Officer will issue a suspend work order for the bid item and contract time will stop for that item. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm the resumption in writing. Contract time will resume on the effective work resumption date. In all cases, the Contractor shall resume work within 3 calendar days after the effective work resumption date. It is the Contractor's responsibility to keep the Contracting Officer currently advised as to where the Contractor or the Contractor's Representative may be reached by telephone during periods of work suspension. If the Contractor cannot be reached at the telephone number provided, or if the Contractor fails to leave a number, a written resume work order will be mailed and contract time will resume on the date specified on the resume work order.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class

Basic Rate Per Hour

% of Pay for H & I

Paid Holidays

Paid Vacation

% of Pay for Retirement

WG-10 $22.59 Hr 1/ 2/ 3/ 4/ WG-8 $20.28 Hr

1/ 5.1% of basic hourly rate.

2/ Ten paid holidays per year: New Year’s Day, Martin Luther King Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

3/ 13 days paid vacation for each year of service up to three years, 20 days after three years, 26 days after 15

Three Rivers District Page 9 years.

4/ 7% of basic hourly rate

Inspection and Acceptance

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 will assure that quality of performance meets the objectives and requirements of the contract. The QCP shall specify:

1. How quality will be monitored to assure performance standards are met.

2. How the work will be supervised.

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

4. 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 clause FAR 52.212-4, Contract Terms and Conditions – Commercial Items, paragraph (a), Inspection/Acceptance prior to requesting the Government to inspect for payment or acceptance. The Contractor shall contact the Contracting Officer upon completion of a work area.

The Contracting Officer may observe the Contractor’s inspection at any time and shall otherwise have unlimited access to the inspection data.

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 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. For acceptance purposes, all work defined in shall be satisfactorily completed before final acceptance will be made.

Acceptance will not be made for unacceptable portions of work.

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.

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at Colville National Forest, 765 South Main, Colville, WA.

Albion Pit Stockpile RFQ AG-05G1-S-17-0014 Three Rivers Ranger District Page 10

Note about Post Award Conference

During the Post Award Conference, the Contractor shall meet with the Government to discuss contract terms and work performance requirements, Work Progress Schedule, and Fire Prevention and Suppression plans

Contractor designated representative or foreman must be present at the post award conference.

Definitions - Administration Terms

A. Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

B. Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in a letter of designation issued by the Contracting Officer.

C. Contracting Officer’s Representatives with Limited Contract Administration (Inspector) - The person(s) appointed in writing by the CO to conduct and document inspections according to contract specifications and provisions. They help the primary COR. Their authorities are strictly limited, not to exceed the authority to issue to the contractor a Notice of Noncompliance.

D. Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

E. Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

F. Work Order - An order written by the COR, which directs the Contractor to correct deficient performance.

It may also be used to document acceptable completion of units and to approve starting on additional work units.

G. Notice of Noncompliance - A written notice from the CO or COR which documents, for the Contractor's attention, specific performance deficiencies.

H. Contract Item - A pay item designated on the bid schedule and described by a specification.

I. Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor's employees and employment practices.

J. Specifications - That portion of the contract comprising a description of the general and technical requirements for materials, products or services to be furnished under the contract.

Designation of Contracting Officer's Representative (COR)

A. The Contracting Officer will designate a representative (or representatives), hereinafter referred to as the Contracting Officer’s Representative (COR) who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designations will be furnished to the Contractor before or at the post award conference. The Contractor is cautioned to read the COR

Three Rivers District Page 11 designation(s) because certain authority under the contract is reserved solely for the Contracting Officer.

The term “Contracting Officer” as used through the Specifications, shall be interpreted in include the Contracting Officer’s designated representative (s) acting within the limits of their delegations of authority.

B. The COR does not have authority to make any commitments or changes that affect price, quality, quantity, delivery or other terms and conditions of the contract nor in any way direct the contractor or its subcontractors to operate in conflict with the contract terms and conditions. The COR cannot redelegate their authority to another person.

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 a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

C. 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 assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

D. 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.

Notification of Subcontracting

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement.

The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

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

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

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

FAR 52.236-4 Physical Data (APR 1984)

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.

Albion Pit Stockpile RFQ AG-05G1-S-17-0014 Three Rivers Ranger District Page 12

A. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by observations and measurements.

B. Weather conditions: Typical NE Washington subject to seasonal limitations from November thru April.

C. Elevation: 2,000 – 6,000 ft.

Prosecution of Work

A. The Contractor may encounter other Contractors performing work on projects in the area.

Safety Plan

Prior to allowing any work to commence on the project, the Contractor shall submit a Safety Plan to the Contracting Officer that is in accordance with OSHA Regulations. Such safety plan shall include all tasks and related activities anticipated to successfully complete the work.

Safety Items

(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 work site.

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

[] Confined Entry Space.

[] Temporary excavation/deep trenching/slope stability.

[] Tree Felling.

[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.

[] Fire hazards.

[] Hazard materials handling.

[] Electrical hazard.

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

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

[] Power tool operation including eye protection.

[] Overhead hazards.

Warning Signs and Restrictions

Contractor shall be totally responsible for safety signing, barricades and other signing to maintain a safe site to the public and Government employees.

Three Rivers District Page 13

Personal Protective Equipment

1. 29 CFR 1910 Subpart I, OSHA’s General Industry Personal Protective Equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

2. Before a worker begins operating equipment, the Contractor will train the workers in the safe operation and use of equipment.

3. The Contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract/task order, whenever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes:

• Head Protection

• Hearing Protection

• Eye/Face Protection

• Leg Protection

• Foot Protection

• Hand Protection

4. PPE must be sanitary and in reliable condition. Contractor must not use defective or damaged PPE. PPE must be inspected by the Contractor prior to use on each work shift to ensure it is in serviceable condition.

5. A checklist of applicable PPE guidelines typical for the work performed under this contract/task order is provided at the internet links below. This does not relieve the Contractor of the responsibility of performing a risk assessment or providing the necessary PPE for their operations.

Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or OSHA 3151-12R 2003 Personnel Protective Equipment Booklet. The booklet can be found at https://www.osha.gov/Publications/osha3151.pdf .

• Manual Logging and Forestry Related activities:

https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html

• General Machine and Vehicles Logging and Forestry Related activities:

https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html

6. The Contractor shall be in compliance with the all field sanitations. OSHA’s established minimum standards for field sanitation is applicable to this contract/task order. Refer to Fact Sheet # 51 Field Sanitation Standards under the Occupational Safety and Health Act.

Work Completed After the Performance Period

Whenever the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed the actual damages. Items to be included in the actual damage includes but is not limited to: wages of Contracting Officer’s representative and Government inspector(s) for https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html

Albion Pit Stockpile RFQ AG-05G1-S-17-0014 Three Rivers Ranger District Page 14 quality assurance after the performance period which includes time and travel time, cost of vehicles, meals and lodging that are incurred while administering the contract after the performance period.

Use of Premises

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

B. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on Forest Service land or lands administered by the Forest Service, the Contractor shall obtain written permission from the appropriate Ranger District. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor. If permission is granted, a work order will specify all conditions and requirements. Sanitation facilities shall be provided for all employees of the Contractor and members of the campsite.

C. It is further stipulated that in addition to clean-up of any campsites, the Contractor shall remove his equipment from National Forest Service land before final acceptance and payment of the contract.

D. The Contractor shall provide and maintain sanitary facilities. There shall be a minimum of one toilet for each ten employees. Solid waste shall be dispose of in accordance with applicable Federal, State and local regulations.

Landscape Preservation

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

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or natural features unless specifically authorized by the Government. Unless otherwise provided, the Contractor shall confine contract operations to within the areas designated in contract documents.

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

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumen, dust palliatives, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Government. If a petroleum spill should take place in the water, the Contractor shall immediately notify the Contracting Officer, National Response Center (1-800-424-8802) and the Washington Emergency Management Division (1-800-258-5990) reference:

http://www.ecy.wa.gov/programs/spills/other/reportaspill.htm

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.

http://www.ecy.wa.gov/programs/spills/other/reportaspill.htm

Three Rivers District Page 15

B. The Contractor shall be responsible for all damage to property and to persons that occur as a result of his/her agent's or employee's fault or negligence.

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.

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

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.

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.

Superintendence – Contractor Representative

One supervisor, conversant in the English language, shall be designated in writing by the Contractor for each crew. The written designation shall indicate the limits of the supervisor's authority. When two or more people are designated as supervisor, their written delegation shall indicate the priority of their designations so no more than one person shall be in charge of a crew at any one time.

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.

Washing of Equipment

Pollutants such as fuels, lubricants, bitumen, 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.

The Contractor shall wash all equipment except for hauling vehicles prior to entering National Forest Land.

Remove all soil which could contain noxious weed seed. Remove grease and oil from drive mechanisms which would be discharged into the stream when equipment is operating. Prior to transporting equipment to the site, assure that the equipment’s hydraulic, lubrication, and fuel systems are free from leaks.

End of Addendum to 52.212-4

Albion Pit Stockpile RFQ AG-05G1-S-17-0014 Three Rivers Ranger District Page 16

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriation Act, 2015 (Publ. L. 113-235) and its successor provisions in subsequent appropriation acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(3) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub Laws 108-77 and 108-78

(19. U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer must check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006) with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUNE 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved]

_X_ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (PUB. L. 111-117, section 743 or Div. C)

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (PUB. L. 111-117, section 743 or Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractor’s Debarred, Suspended, or Proposed for Debarment (OCT 2015) (31 U.S.C 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C 2313).

Three Rivers District Page 17

__ (10) [Reserved]

_X_ (11) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.

657a).

__ (ii) Alternate I (NOV 2011) of 52.219-3.

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

__ (ii) Alternate I (NOV 2011).

__ (III) Alternate II (NOV 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

__ (ii) Alternate I (OCT 1995) of 52.219-7.

__ (iii) Alternate II (MAR 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637 (d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JAN 2017) of 52.219-9.

__ (v) Alternate IV (JAN 2017) of 52.219-9.

_ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) [15 U.S.C. 644(r)].

_X (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages – Subcontracting Plan (JAN 1999) (15 U.S.C 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (NOV

2011) (15 U.S.C. 657 f).

_X_ (22) 52.219-28 Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C.

632(a)(2)).

Albion Pit Stockpile RFQ AG-05G1-S-17-0014 Three Rivers Ranger District Page 18

__ (23) 52.219-29 Notice of Total Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business (EDWOSB) Concerns (DEC 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30 Notice of Total Set-Aside for, or Sole Source Award to, Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (DEC 2015) (15 U.S.C. 637(m))

__ (25) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015)

_X_ (28) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246)

_X _ (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793)

_X _ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_X _ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

_X _ (33) (i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O.

13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

_X__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1169011

Three Rivers District Page 19 acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warning Potential Hydrofluorocarbons

(JUN 2016) (E.O. 13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (DEC 2016) (E.O. 13693).

___ (40)(i) 52.223-13, Acquisition of EPEAT- Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

___ (41)(i) 52.223-14, Acquisition of EPEAT- Registered Televisions (JUN 2014) (E.O. 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

_X_ (42) 52.223-15, Energy Efficiency in Energy- Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT – Registered Personal Computer Products (OCT 2015) (E.O.

13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

(E.O. 13513)

___ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

___ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JUN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American - Supplies (MAY 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American —Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19.U.S.C. 3805 note, 19. U.S.C. 4001 note, Pub. L. 103- 182, Pub. L. 108-77, 108-78, 108-286, 108-302,109-53, 109-169, 109-283, 110-138, 112-41, 112-42 and 112- 43).

__ (ii) Alternate I (MAY 2014) of 52.225-3.

__ (iii) Alternate II (MAY 2014) of 52.225-3.

__ (iii) Alternate III (MAY 2014) of 52.225-3.

_X_ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

Albion Pit Stockpile RFQ AG-05G1-S-17-0014 Three Rivers Ranger District Page 20

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performance Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S. C.

2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41.U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C. 3332).

_ _ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management

(JUL 2013) (31 U.S.C. 3332).

__ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (60) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(12)).

__ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

X__ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. 351, chapter 67).

X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

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(Multiple Year and Option Contracts) (MAY 2104) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements (MAY 2014) (41 U.S.C.