DRAFT_Sol_AG-05G2-S-14-0007.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-05G2-S-14-0007

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

PAGE OF PAGES

1 61

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Northwest Contracting Area

Olympic National Forest

1835 Black Lake Blvd., Suite A

Olympia, WA 98512

Northwest Contracting Area

1835 Black Lake Blvd., Suite A

Olympia, WA 98512

9. FOR INFORMATION

CALL:

A. NAME

Miley Sutherland

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(360) 956-2471

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Indefinite Delivery / Indefinite Quantity (IDIQ), Multiple Award Task Order Contract (MATOC) for Road Decommissioning on the Olympic National Forest (2014-2019)

This acquisition is a total set aside for Small Business Concerns.

Two contract awards a set-aside for HUBZone Small Business Concerns.

Price Range:

The Government's estimate is between $5,000,000 and $10,000,000.

11. The Contractor shall begin performance within TBD calendar days and complete it within TBD calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See See Task Order.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 4:30 p.m. (hour) local time (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e) msutherland Draft

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85) msutherland Draft

CONSTRUCTION AG-05G2-S-14-0007

Road Decommissioning (2014-2019)

CONTINUATION OF SF 1442,

Block 9:

For questions regarding access to the Federal Business Opportunities (FBO) website or how to obtain plans and other solicitation documents, please contact Roxanne Hershey at (360) 956-2438, or Miley Sutherland at (360) 956-2471.

All technical and contracting questions regarding this solicitation must be submitted in writing to:

E-mail address: msutherland@fs.fed.us

FAX Number: 360-956-2277

Mailing Address: Olympic National Forest

1835 Black Lake Blvd., Suite A

Olympia, WA 98512

All amendments resulting from this solicitation will be uploaded to the FBO website at http://www.fbo.gov .

Block 12:

For task orders greater than $150,000.00, a bid guarantee of not less than 20 percent of the amount of the offer is required. If the offeror fails to provide the required bid guarantee in the proper form and amount, the offer will be rejected. See FAR Provision 52.228-1, Bid Guarantee. If the bid guarantee is a bid bond, it must be submitted on Standard Form 24.

http://www.fbo.gov/

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B-1 Schedule of Items

ITEM

No.

DESCRIPTION

BASE PERIOD

(June 01, 2014, through May 31, 2019)

Road decommissioning.

Offerors are required to submit a proposal for the first task order as well as the base Request for Proposal

(RFP). Offerors shall submit a price for the first Task Order, which is being issued simultaneously with this

RFP. The Government intends to award the initial project to one of the successful contractors as the first

Task Order under this Multiple Award Task Order Contract (MATOC).

B-2 Minimum and Maximum Contract Amounts (AGAR 452.216-73) (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,000.00 against each MATOC awarded. The maximum combined contract amount of all MATOC’s awarded as a result of this solicitation is $10,000,000.00.

B-3 Authorized Ordering Individuals

Any Contracting Officer in the Pacific Northwest Region, Forest Service, may issue task orders, within their procurement warrant authority, under this contract.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Description of Work

This solicitation and any resulting contracts are for the purpose of acquiring road decommissioning on the Olympic National Forest, Washington. This solicitation will result in multiple awards of Indefinite-

Quantity contracts. Other National Forests in the Pacific Northwest Region may issue task orders under the Multiple Award Task Order Contracts (MATOC). Road decommissioning includes: restoring channel sites to a natural state by removing fill and drainage structures at stream crossings and installing gradient control structures; full road re-contour; removing ditch relief culverts; installation of logs; and seeding disturbed areas.

The Olympic National Forest intends to award five (5) to seven (7) MATOC contracts. MATOC contracts will be for five years. All contracts are set-aside for small businesses. Two (2) contract awards will be to small business concerns certified as Historically Underutilized Business Zones small business concerns by the Small Business Administration (SBA).

Task Orders will identify the general design and performance objectives for the project, such as:

decommissioning M.P. 1.00 to M.P. 2.50 – outslope, remove all culverts and fill material; M.P. 1.75 – remove major fill; and M.P. 2.50 to M. 3.00 – outslope, pullback turnouts, remove culverts and fill material, and install water bars. Task order will identify any restrictive performance parameters, such as the time window for operating heavy equipment in streams. The task order will include a schedule of items with the Forest Service estimated quantities for each item.

MATOC Contractors will submit a proposal based upon the general design and performance objectives and the Forest Service estimated quantities. Award of the task order will be to the Offeror whose offer is the best value to the Forest Service.

Individual projects will be issued as Task Orders. One Task Order will be issued and awarded as part of this MATOC solicitation. As projects are developed they will be competed among the MATOC contract holders as stated below in additional Task Orders.

Contractors will be required to demonstrate bonding capacity of up to $500,000.00. Performance and payment bonds will only be required for individual construction task orders greater than $150,000.00.

Payment protection will be required for individual construction task orders greater than $30,000.00 and less than, or equal to, $150,000.00. Performance and payment bonds, or payment protection, are not required for service task orders. Road Treatment, Methods 1, 2 & 3 are considered construction as defined by the Davis-Bacon Act. Road Treatment Method 4 is considered a service.

C-2 Specifications

See Section J.1.

C-3 Ordering Procedures for Task Orders

Each awardee will be given a fair opportunity to be considered for each task order. Each task order will be issued by mail and/or electronic transmission (email) to each awardee. The evaluation factors, including price, will be stated in the task order. Each awardee will be given a fair opportunity to be considered for a task order except when:

1. The Forest Service requirement is so urgent that providing fair opportunity would result in unacceptable delay; or

2. Only one awardee is capable of performing the task at the level of quality required because the task is unique or highly specialized; or

3. The task order must be issued on a sole-source basis in the interest of economy and efficiency because the order is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or

4. It is necessary to place an order to satisfy a minimum guarantee.

Task Order proposals will not be publicly opened or released. Unsuccessful offeror's task order proposal information is confidential.

A Task Order will be issued to selected, or all, MATOC contractors, with the scope of work and all attachments (i.e. drawings and specifications).

(a) Task Order (TO). When the Government requires work under the MATOC, a TO will be issued. The TO will include information concerning the project such as contract requirements, physical data, drawings, site visit details, evaluation criteria, and submission requirements.

1) Task Order Pre-award Expenses. The Contractor will not be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-through or other pre-Task

Order costs.

2) Site Visits. Failure to visit the site cannot be used as an excuse for omission or miscalculation in offers. The Government may or may not schedule a joint site visit for individual Task Orders.

3) Proposal Contents. Depending upon the requirements of each TO, the Contractor may be required to provide a price proposal only, or a technical proposal and a price proposal. Contractors shall respond within the number of calendar days stated in the TO by submitting a proposal to the Contracting Officer in accordance with the specific requirements of the TO.

4) Contract Prices - Offer Schedules. The Government's payment for the items listed in the

Offer Schedule of individual Task Orders shall constitute full compensation to the

Contractor f o r : ( l ) Furnishing all labor, equipment, services, and materials; and (2)

Performing all operations required to complete the work in conformity with the Task

Order. The Contractor shall include in the prices for the items listed in the Offer

Schedule all costs for work in the scope of work, whether or not specifically listed in the

Offer Schedule.

5) Declining a Task Order. Each contractor shall submit offers on 30 percent of the issued task orders, until awarded a task order which satisfies the minimum contract amount. Thereafter, contractors are not required to submit a proposal for each task order. The contractor must give written notification to the Contracting Officer of the intent to decline competing for a subsequent task order.

6) Evaluation Method and Procedures. The basis of award for individual Task Orders may vary depending upon the goals and objectives of each Task Order. The basis of award will be described in the TO. Examples of basis for award are:

(a) The Task Order will be awarded to the Contractor offering the best value to the

Government, considering both price and non-price factors. The Government reserves the right to accept other than the lowest priced offer. The TO will describe whether price is less important, more important, or equal in importance to non-price factors; or

(b) The Task Order will be awarded to the Contractor offering the lowest price technically acceptable proposal. The TO will describe the evaluation factors and significant subfactors that establish the requirements of acceptability.

7) Award Decision. Whenever possible, award will be made without discussions. Task

Orders will be firm fixed-price with a specific completion date or performance period.

The Government reserves the right to reject all offers.

8) Task Order Format. The TO will contain task order specific clauses and provisions.

(b) Task Order Award Notification. Task Order award will be via mail or facsimile. The Task

Order becomes binding when the Contracting Officer signs the order. The Notice to Proceed

(NTP) may be issued separately normally after receipt of acceptable performance and payment bonds.

(c) Insurance. Appropriate proof of insurance must be in place before work commences.

(d) Performance/Payment Bonds. The Contractor shall submit Performance and Payment Bond documents on a Task Order by Task Order basis. Performance and Payment Bonds shall be submitted for any construction task order greater than $150,000.00. Only Payment Protection, in the form of a payment bond or irrevocable letter of credit is required for construction task orders greater than $30,000.00 and less than, or equal to, $150,000.00. The Contractor shall ensure the MATOC contract number AND the Task Order number are included on each

Performance and Payment Bond document. Bond documents not containing the required information will be rejected for corrections.

Performance and payment bonds, or payment protection, are not required for service task orders.

(e) Forest Service Task Order Ombudsman. If a Contractor has not been afforded a fair opportunity to be considered for a task order, consistent with the procedures of this contract, the Contractor may submit a complaint to the Forest Service Task Order Ombudsman. The

Forest Service Task Order Ombudsman is:

Robert Jaeger, Competition Advocate, Assistant Director, Policy and Systems

USDA, Forest Service

1621 North Kent Street, Rm. 706 RPE

Arlington, VA 22209

C-4 Ordering Procedures for Sole Source Task Orders

(a) The Contracting Officer reserves the right to award a Task Order without competition based on a determination that:

1) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays; OR

2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized; OR

3) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; OR

4) It is necessary to place an order to satisfy a minimum guarantee.

(b) Subcontractor costs under sole source Task Orders must show adequate competition. Adequate competition may normally be assumed when there are at least three independent subcontractor/supplier quotes.

(c) If needed to determine price reasonableness, the Contractor shall provide copies of their offer worksheets that list the offer item cost breakout to include labor categories, hours, materials, subcontractor/supplier quotes and the prime contractor's profit and overhead separately identified. The subcontractor/supplier quotes shall be in enough detail for the Government to be able to discern the scope of the services and materials included in the price.

All prices must be fair and reasonable. The Government may negotiate the proposal as deemed necessary.

C-5 Performance Evaluations

Past performance evaluations shall be prepared at least annually and at the time a task order is completed.

C-6 Protests of Task Order Awards

In accordance with FAR 16.505(a) (10), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

C-7 Additional Contract Awards

The Government reserves the right to issue additional solicitations and award additional contracts covering the same scope of work and geographic area as this contract.

C-8 Wage Rates

Davis-Bacon wage rates are applicable to a Task Order requiring substantial earth moving and rearrangement of the terrain. Service Contract Act wage rates are applicable to Task Orders which do not require substantial earth moving or rearrangement of the terrain.

Road Treatment, Methods 1, 2 & 3 are considered construction as defined by the Davis-Bacon Act.

Road Treatment Method 4 is considered a service.

The current Davis-Bacon or Service Contract Act wage determinations will be issued with each Task

Order (TO).

C-9 Bio-Preferred Program Requirements

The Contractor shall comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user.

All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for operations and maintenance for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic fluids Penetrating lubricants

Concrete and asphalt release fluids Absorbents

Diesel fuel additives Greases

Dust suppressants 2-cycle engine oil

Wood and concrete sealers Fertilizers

Roof coatings Water tank coatings

Adhesive and mastic removers Cleaners

Sorbents Floor finish

Floor stripper Composite panels

Insulating foam Sealers

Carpet Metalworking fluids

Graffiti and grease removers Stain removers

Degreasers De-icers

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content.

In addition to the biobased products designated by the U.S. Department of Agriculture in the

Bio-Preferred Program, the Contractor is encouraged to use other biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product

Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of

Biobased Products Under Service and Construction Contracts.

Within thirty (30) days of contract award, the Contractor shall submit an Operations and

Maintenance Plan. This submittal shall be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing.

The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

1. The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

2. Detail on how the Contractor intends to keep abreast of the increasing availability of biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

3. Proposed biobased operations and maintenance products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data will be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product. Therefore we will look for a Contractor who will 1) demonstrate products, and 2) when selected, offer any necessary training to all of the construction staff and 3) be available with technical assistance to trouble shoot problems.

C-10 Statement of Work/Specifications (AGAR 452.211-72) (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in

Section J.

C-11 Attachments to Statement of Work/Specifications (AGAR 452.211-73) (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

E-1 Clauses Incorporated by Reference (FAR 52.252-2)(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.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date

52.246-12 Inspection of Construction AUG 1996

E-2 Inspection and Acceptance (AGAR 452.246-70) (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project site.

E-3 Inspection and Testing Performed By Government

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

E-4 Conformity with Drawings And Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

http://www.arnet.gov/far/

SECTION F--DELIVERIES OR PERFORMANCE

F-1 Clauses Incorporated by Reference (FAR 52.252-2)(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.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date

52.242-14 Suspension of Work APR 1984

F-2 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 the number of calendar days, or date specified in the task order, after the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the date specified in the task order. The time stated for completion shall include final cleanup of the premises.

F-3 Period of Performance (AGAR 452.211-74) (FEB 1988)

The period of performance of this contract is for five (5) years after the date of award.

F-4 Effective Period of the Contract (AGAR 452.211-75) (FEB 1988)

The effective period of this contract is from the date of contract award and ends on the date following the date of final payment under this contract.

This is the “effective period” referenced in Clause FAR 52.216-22 Indefinite Quantity (OCT 1995).

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 Post Award Conference (AGAR 452.215-73)(NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 30 days after the date of contract award. The conference will be held at Olympic National Forest, Supervisor’s Office, 1835 Black Lake Blvd., Olympia, Washington , or a mutually agreed upon location.

G-2 Contract Release

When submitting an invoice for the final payment on a task order, Contractor shall provide a signed and dated contract release that includes the following information:

"In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations: ______________"

G-3 Designation of Contracting Officer’s Representative

The Contracting Officer’s Representative (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 assignments which were issued by the COR provided they do not affect the delivery schedule, performance period, or costs stated in the contract).

On all matters that pertain to the contract terms and conditions, 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. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G-4 Unauthorized Instruction from Government Personnel

The Contractor shall not accept any instructions (written or oral) issued by any person employed by the

Forest Service other than from the Contracting Officer, or the COR acting within the limits of their authority, that will in any manner of degree change, modify, or otherwise affect the terms, conditions, performance requirements or cost of this contract or, as applicable, that of any delivery or task orders issued under it. Any such instruction is considered an unauthorized instruction. The Contractor will not be reimbursed for any cost that is the result of an unauthorized instruction. An instruction from the

COR that exceeds the limits of the COR’s letter of appointment is considered an unauthorized instruction.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 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 other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the

Contractor shall confine contract operations to within the areas designated in contract documents.

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, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

H-2 Conformity with Drawings and Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

A. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

C. Government inspections and tests are for the sole benefit of the Government and do not--

1. Relieve the Contractor of responsibility for providing adequate quality control measures;

2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (I) below.

D. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

F. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the

Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

H-3 Construction Stakes, Lines, and Grades

(a) Unless a Pay Item for Construction Staking is included in the Schedule of Items, the Government will set initial construction stakes establishing lines, slopes, and continuous control points, reference lines, and bench marks for other structures and improvements and will furnish the Contractor with all necessary information relating to lines, slopes, and grades.

(b) These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting Officer.

(c) The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor's negligence or operation.

(d) In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.

H-4 Contractor’s Use of Existing Roads

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

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

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of

State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of

Forest Service roads in the construction area.

H-5 Traffic Control

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

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. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and

Highways, published by the Federal Highway Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identification signs shown on the drawings

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H-6 Safety

Contractor shall provide a written health and safety plan for the inherently hazardous conditions that exist at the task order work site(s). Contractor’s health and safety plan shall identify and describe any inherently hazardous conditions and specific actions to reduce these hazards. Safety Plan shall be submitted to the Contracting Officer (CO) at the post award conference.

The following are potential safety hazards:

1. Traffic Hazards 4. Heavy Equipment Operations

a. Narrow gravel or native surface forest roads

Backing into objects

b. Long, steep grades (less than 20%) Steep side slopes and soft road shoulders

c. Logging traffic Refueling

d. Unskilled visitor traffic Exceeding equipment limitations

e. Dusty conditions hindering visibility behind vehicles

Unsafe equipment / lack of safety equipment

2. Work Environment Operator fatigue

a. Inclement weather with potential for hypothermia

5. Excavation

b. High winds that can bring down trees and rocks

a. Slope instability

c. Wet, snowy or ice conditions making ground unstable

6. Truck Driving & Trailer Towing

d. High decibel noise a. Increased stopping distances

e. Insects, plants, & animals b. Loads insecurely tied down

3. Communications c. Low clearance

a. Poor Cell phone or radio availability for emergencies.

7. Hazard Trees

H-7 Suspensions 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 become 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 his/her 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 equitable adjustment.

H-8 Cleaning of Equipment

Cleaning of Off-Road Equipment used by the Contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the CO prior to moving each piece of equipment onto the project.

Upon request from the CO, arrangement will be made for CO to inspect each piece of equipment prior to it being placed into service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, and plant parts. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The Contractor shall certify in writing, compliance with the above requirements. "Off-road Equipment" includes all machinery other than log trucks, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis.

H-9 Work/Travel in Infested Areas

Forest Service will flag locations of high priority invasive plant infestations prior to work commencing and provide the contractor with a map of these locations. These areas shall be avoided during work and travel associated with the project unless otherwise directed by the Contracting Officer. If directed to work in infested area, the contractor shall be required to prevent spreading the infestation into un-infested areas by cleaning vehicles and equipment. The contractor shall use wash stations approved by the Contracting Officer.

H-10 Weed-free Material, Forest Service and Contractor Provided

All material (e.g. soil, gravel, sand borrow, aggregate, etc.) transported onto National Forest System land or incorporated into the work shall be weed-free. The Contracting Officer may request written documentation of methods used to determine the weed-free status of any and all materials furnished by the contractor. Contractor-provided expertise and methods to establish weed-free status must be appropriate for the weeds on the current Washington State noxious weed list

(http://www.nwcb.wa.gov/weed_list/weed_list.htm), and the priority weed list maintained by the

National Forest project location.

The contractor shall provide the Contracting Officer written notification of proposed material sources at least 14 days prior to use. The CO will have the proposed sources inspected to determine weed-free status. If weed species are present in the proposed source, appropriate mitigation measures may allow conditional use of the source as required by the Contracting Officer.

http://www.nwcb.wa.gov/weed_list/weed_list.htm

H-11 Disposal of Infested Road Fill

Fill material generated from the project site, containing or suspected to contain invasive plants, shall be stockpiled within the project area and as close to the infested source area as possible. The material shall not be broadcast for disposal.

H-12 Herbicide Treatment on Project Roads

The Contracting Officer will notify the Contractor at least 48 hours prior to application of herbicides on project roads.

H-13 Removal of Dead or Live Trees Greater Than 21 Inches in Diameter

Identify and notify the CO of any tree 21 inches or larger, in diameter at breast height (dbh) that will require removal. The Forest Service will review the trees and the CO will notify the contractor of any restrictions required for removal. Restrictions may involve delay of removal for as long as four months.

Any dead, or live trees 21 inches dbh or greater, that are cut for any reasons must be left on site to contribute to down wood objectives.

Disturbance to existing large downed wood should be minimized and where they need to be moved they should be replaced in an orientation and position similar to the one from which they were removed.

H-14 Employment of Eligible Workers (FSAR 4G52.222-701) (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form

I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and

Labor Relations Officer of their local INS office.

H-15 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers

(FSAR 4G52.222-702) (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection

Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see

29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and wildland firefighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the

Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure,…