AG-05K3-S-11-0020_NoAtchmts.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

GIFFORD PINCHOT NATIONAL FOREST

10600 NE 51ST CIRCLE

VANCOUVER WA 98682

05K3

Same as Block 7

STEVONNE FULLER 360-891-5085

1x 05/26/2011

AG-05K3-S-11-0020

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

Blocks 11, 12a, and 12b are to be determined at the task order/delivery order level.

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

calendar days and complete it within ________________ ________________ calendar days after receiving

06/27/2011

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d) scfuller Typewritten Text scfuller Typewritten Text scfuller Typewritten Text scfuller Typewritten Text scfuller Typewritten Text scfuller Typewritten Text 500065 scfuller Typewritten Text scfuller Typewritten Text scfuller Typewritten Text scfuller Typewritten Text scfuller Typewritten Text scfuller Typewritten Text

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

GIFFORD PINCHOT NATIONAL FOREST

10600 NE 51ST CIRCLE

VANCOUVER WA 98682

05K3

JUSTIN C. HOLDER

28. NEGOTIATED AGREEMENT 29. AWARD

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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 78

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-05K3-S-11-0020

Road Maintenance Base Indefinite Delivery Indefinite Quantity (IDIQ) Solicitation.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

AG-05K3-S-11-0020

Road Maintenance

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B- 1 Schedule of Items

RATES FOR EMERGENCY SERVICES- EQUIPMENT WITH OPERATOR

Item No. Description Unit Unit Price 1 Excavator Hour $________ 2 Backhoe Hour $________ 3 Grader Hour $________ 4 Crawler Tractor Hour $________ 5 Dump Truck Hour $________ 6 Front End Loader Hour $________

Note 1: This is an Indefinite Delivery Indefinite Quantities (IDIQ) contract. The Quantities in the attached task order are for price evaluation purposes only. Work may not be performed on all items, and no single item has a minimum or maximum amount.

Note 2: Task orders placed against each of the awarded contract(s) will include Pay Item Numbers and Quantity of each Subitem ordered. A work order will be issued designating the roads to be maintained for each task order and the time frame in which the work shall be completed. If the Contractor fails to perform the ordered work within the specified time frame, the work ordered may be deleted from the contract and performed by other means. Payments will only be made on those items completed by the Contractor, inspected and accepted by the Government.

Note 3: The method of payment for emergency services only is by the hour. Rates for emergency services can be updated annually. All other work ordered units will be determined on the task order level.

Note 4: This Request for Proposal (RFP) is 100% Set-aside for HubZone Small Business Concerns. Awarded Contracts will be for one-year with two one-year options. Not to exceed a total of three years. Two to five multiple award task order contracts (MATOC) are anticipated.

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

A. During the period specified in FAR clause 52.216-18 ORDERING, the Government shall place orders totaling a minimum of $ 2,500.00 but not in excess of $ 1,500,000.00. The maximum is inclusive of all options and the combined total of all task orders issued under all awarded contracts.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract

A. The intent of this performance based service contract is to provide for roadside brushing and road maintenance of forest roads on the Gifford Pinchot National Forest. 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 C. The Contractor shall assume all risk, loss, damage, or expense arising out of the prosecution of the work, except as otherwise provided in the contract.

C-2 Furnishing of Material and Equipment

A. Unless otherwise stated in the Supplemental Specifications, the contractor shall furnish all material and equipment required for performance of the contract. All material and equipment shall comply with the specifications.

B. The Contractor shall furnish and deliver the material and equipment to the work site in such a manner that their quality and fitness for the work is preserved. The Forest Service reserves the right to reject any damaged materials.

C. The Contractor shall start work within 3 days of the start work date on the Task Order.

Measurement and payment for contract work will be made only for those pay items included in the Schedule of Items.

D. The Contractor shall be responsible for furnishing warning devices and complying with the safety standards and traffic management procedures as specified in Section 808 of this contract.

C-3 Coordination of Specifications A. The Supplemental Specifications for this project refine, revise, and add to the requirements stated in the Forest Service, Pacific Northwest Region, Standard Specifications for Maintenance of Roads contained in the contract. The Supplemental Specifications and the Standard Specifications must be read as a whole to gain a full understanding of the work required. In the case of discrepancies, however, between these specifications, the Supplemental Specifications will take precedence over the Standard Specifications.

C-4 Supplemental Specifications A. The Supplemental Specifications correspond to the "800" series Standard Specifications and are included with the Standard Specifications

C-5 Definitions, Abbreviations and Quantity Measurement Terms

A. Definitions - Certain specifications are common to contract and timber sale requirements.

Where ever in these specifications, or in other contract documents, the following terms or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

1. Base Course - The layer or layers of specified or selected material of designed thickness placed on a sub-base or a sub-grade to support a surface course. (See Road Structure Terms Drawing.)

2. Berm - curb or dike which controls roadway runoff water. Berms commonly parallel road centerline. (See Road Structure Terms Drawing.)

3. Channel - A natural waterway leading into or away from a culvert or bridge.

4. Contract Amendment - A bilateral written supplemental agreement between the

Government and the Contractor, documenting a modification outside the scope of the contract and establishing an equitable adjustment therefore.

5. Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of the work under the terms of the contract.

6. Culvert - Any structure which provides a passageway, drain, or waterway under a road or embankment. Cross Ditch - A shallow ditch placed across the roadbed to remove water from the roadbed surface which can be driven across by full size pickups or by other high clearance vehicles; usually placed diagonally to centerline.

(See Cleaning Ditches and Drainage Structures Drawing.)

7. Lead-off ditch - A specific type of manmade ditch used to remove water from roadside drainage ditches, the roadway, cattle guards, or drainage structures such as culverts and drainage dips.

8. Ditch - A relatively long narrow excavation placed to collect or disperse water.

9. Ditch Dam – Constructed barrier which channels water flowing in a ditch thru a culvert inlet and prevents the water flow from continuing down the ditch and bypassing the culvert inlet.

10. Drainage dip - A drainage structure which was previously constructed within the roadbed surface to form a uniform depression which allows routine passage of standard passenger cars while diverting water from the traveled way. (See Drivable Cross Ditch Drawing).

11. Drainage ditch - A specific type of furrow ditch located parallel to and abutting the roadbed. (See Road Structure Terms Drawing.)

12. Drainage structure - A general term denoting any man made device placed to control water movements along, under or across the roadway. Includes ditches, culverts, bridges, etc.

13. Drawings - Depictions detailing maintenance contemplated including all road listing diagrams, maps, and performance schedules included in the contract.

14. Equipment - All machinery, operating supplies and tools necessary for the proper performance and acceptable completion of the work.

15. Excess Material - Material from the roadway excess to that needed for maintenance of roadway.

16. Fore slope - The slope of the ditch section nearest to the traveled way. (See Road Structure Terms Drawing.)

17. Furrow ditch - Any ditch which nominally parallels the road centerline and diverts water from natural flow patterns to protect road slopes, roadbed, or down slope areas.

Furrow ditches may be located within the roadway or roadside, but as used in this contract excludes drainage ditches.

18. Grade - The trace of vertical plane, as shown on the drawings, intersecting the top surface of the road.

19. Materials - Any substance specified for use in the performance of the work.

20. Measurement - Method of determining and expressing the quantities of work

21. Nominal dimensions or Weights - The numerical values shown on the drawings or in the specifications as measurements for the work.

22. Order - A written order by the Government directing fulfillment of work requirements under the terms of the contract

23. Original Contract Quantities - Those estimated quantities shown in the Schedule of

Items as awarded.

24. Patching - Minor repairs incidental to recurring maintenance which is not substantial in nature.

25. Paved Surface or Pavement - Denotes asphalt, concrete, or other stabilized materials excluding natural aggregates. Dust palliative treatments are not considered as pavement.

26. Reasonably Close Conformity - Means compliance with customary maintenance tolerances where working tolerances are not specified.

27. Right-of-Way - A general term denoting land, property, or interest therein acquired for or devoted to a road.

28. Roadbed - The portion of a road between the intersection of the sub grade and side slopes, excluding that portion of the ditch below the sub grade. (See Road Structure Terms Drawing.)

29. Road Listing - A listing of road locations and any established work priorities included in the contract as a drawing to indicate current estimates of contract timing; subject to revision in accordance with Contract Section F in developing the work schedule.

30. Road Maintenance Levels Definition as used in this Contract –

a. Maintenance Level 4 & 5: Roads with a moderate to high degree of user comfort and convenience. These roads receive maintenance on a routine basis, normally with brushing done yearly or biyearly.

b. Maintenance Level 3: Roads maintained for use by a prudent driver in a passenger car. These roads generally receive maintenance on a routine basis, normally with brushing done every 3 to 4 years.

c. Maintenance Level 2: Roads maintained for use by high clearance vehicles.

These roads generally receive only drainage related maintenance on a routine basis, and usually getting relegated to the lowest priority for brushing. Many have become mostly brushed in.

31. Roadside – The portion of the section between the Right of Way limits and the cut or fill slope catch point. (See Road Structure Terms Drawing.)

32. Shoulder - The portion of the roadway contiguous with the traveled way for the accommodation of stopped vehicles, for emergency use, and for lateral support of pavement structure. As used in this contract, the term is restricted to roads having an asphalt surface. (See Road Structure Terms Drawing).

33. Slide - A concentrated deposit of materials from above or on the back slope extending onto the traveled way or shoulders, whether caused by mass land movements or accumulated raveling.

34. Slump - A localized portion of the roadbed which has slipped or otherwise become lower than the adjacent roadbed and constitutes a hazard to traffic.

35. Supplemental Specifications - Specifications which detail conditions and requirements peculiar to the individual project.

36. Standard Specifications - Broadly-used (for instance throughout the Pacific Northwest Region of the Forest Service) specifications for specific divisions of the work, such as: Blading, Paved Surface Cleaning, Ditch Maintenance, etc.

37. Sub grade - Top surface of roadbed upon which sub-base, base course, or surface course was constructed. (See Road Structure Terms Drawing.)

38. Surface Course - The top layer of a pavement structure, sometimes called the wearing course, usually designed to resist skidding, traffic abrasion, and the disintegrating effects of climate. (See Road Structure Terms Drawing.)

39. Traveled Way - The portion of the roadway for the movement of vehicles, exclusive of shoulders on asphalt paved roads. For purpose of this contract, traveled way includes turnouts and curve widening. (See Road Structure Terms Drawing.)

40. Turnouts - A short auxiliary lane on a one lane road provided for passage of meeting vehicles.

41. Unsuitable Material - Material removed during maintenance which must be disposed of in designated locations. Examples – clay serpentine or other unstable material or material with substantial amounts of vegetation or other objectionable matter.

42. Water bar - A deeper type cross ditch which is not intended for passage of traffic, (See Waterbar Drawing.)

C-6 Illustration of Road Maintenance Terms - Drawings 801-1 A. Drawing 801-1, located in section J illustrates some of the terms defined above

C-7 Abbreviations

A. Whenever in these specifications, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

1. AASHTO - American Association of State Highway and Transportation Officials.

2. CS - Commercial Standard issued by U.S. Dept. of Commerce.

3. EPA - Environmental Protection Agency.

4. FAR - Federal Acquisition Regulation.

5. FED SPEC - Federal Specifications.

6. FSS - Federal Specification and Standards.

7. MSHA - Mine Safety Health Administration.

8. MUTCD - Manual of Uniform Traffic Control Devices.

9. NBS - National Bureau of Standards.

10. OSHA - Occupational Safety and Health Act.

11. PS - Product Standard issued by the U.S. Dept. of Commerce.

12. UL - Underwriters Laboratories, Inc.

C-8 Quantity Measurement Terms

A. Measurement under the contract shall be according to standard measure.

B. The methods of measurement and computation will be those necessary to accurately determine the quantities of materials furnished and work performed.

C. All items measured by the mile will be parallel to its longitudinal centerline, unless otherwise shown on the drawings.

D. A station when used as a definition of term or measurement will be 100 feet.

E. Miles will, in the absence of known distances from existing plans or surveys, be determined by the Government using a calibrated survey odometer or distance measuring device operated on the traveled way at or parallel to road centerline. Single lane mile measurement will mean the product of the road length in miles times the equivalent number of continuous traveled way lanes on the road. On two (2) lane roads, the lane miles will be twice the length of the road segment maintained. On one (1) lane roads, the added length of turnouts will be determined by using a factor that includes the cumulative length of the turnouts. Unless a different factor is established in Supplemental Specifications or listed for each affected one (1) lane road in the Road Listing forty percent (40%) of the road will be considered as having turnouts; this yields a factor of one point four (1.4) times the length in miles of the road segment maintained.

This adjustment is intended to apply only to work performed on the road surface, including turnouts; the adjustment is not intended to apply to work performed off the road surface, e.g., roadside brushing, nor when it is expressly stated in this contract that work is not required on turnouts.

F. Trucks used to haul material measured by truck weight shall be weighed empty at least once daily, and each truck shall bear a plainly legible identification mark. Weigh tickets furnished by the Contractor from certified scales will be used to determine weight measurements. Materials measured by the cubic yard in hauling vehicle shall be measured therein at the point of delivery. Vehicles may be of any size or type, provided that the box is of such shape that the actual volume may be readily and accurately determined.

G. Measurement by the acre will use the length and width treated. Measurement of width will approximate significant slope breaks, but will not include minor deviations along the slopes.

H. Volume of bituminous products will be measured at 15.6 degrees C, using ASTM D-

1250 for asphalt. Emulsified asphalt shall be measured at 15.6 degrees C, or by converting the volume at another temperature to volume at 15.6 degrees C by means of the following formula:

L at 15.6 degrees C = 1 + 0.00045 (T degrees C - 15.6 degrees C)

L at T degrees C where T degrees C = temperature of the emulsified asphalt at the time the volume is measured.

I. The term "Lump Sum" when used in the Task order Schedule of Items will mean the complete unit as required by or described in the contract.

J. Measurement will be made of each item or unit of work, as shown in the Schedule of Items, completed and accepted in accordance with the contract provisions, specifications and drawings.

C-9 Coordination of Contract Documents

A. The specifications, drawings, and all other provisions are essential parts of the contract.

They are intended to be mutually complementary. In the case of discrepancy, the following is the order of precedence (supplementing FAR 52.214-29 in Section L of this contract):

1. Supplemental Specifications;

2. Drawings;

3. Standard Specifications for Maintenance of Roads.

C-10 Technical Specifications for Maintenance of Road

A. The specifications are numbered in the "800" series codes. Only those sections which could be applicable to this contract are included. There will be gaps between the section numbers due to the fact that many sections have been purposely omitted or because certain specification sections have been reserved for possible future inclusion in the "800" series.

C-11 Applicability of the Service Contract Act (SCA) and Davis Bacon Act (DBA)

A. The Contractor is responsible for compliance with the Service Contract Act (SCA) and

Davis Bacon Act (DBA). The Department of Labor (DOL) is responsible for enforcement of the SCA and DBA. Contractor shall contact the DOL to resolve any questions concerning the applicability of the SCA or DBA. The DOL has provided the Forest Service with the following guidelines concerning road maintenance activities.

1. The SCA applies to the following typical activities on, or along, a paved road:

a. Brushing and mowing;

b. Ditch cleaning and brushing;

c. Sign, cattleguard, gabion, and guardrail repair;

d. Minor patching performed in conjunction with normal maintenance activities;

e. Cleaning culverts;

f. Minor slump/slide removal;

g. Litter cleanup; and

h. Minor culvert and drainage repair.

2. The SCA applies to the following typical activities on, or along, a unpaved road:

a. The above noted activities;

b. Grading;

c. Rock raking; and

d. Removal of oversized material.

3. The DBA applies to the following typical activities:

a. Patching of asphalt or other pavements;

b. Replacing culverts;

c. Striping pavements;

d. Rehabilitation/recycling pavements;

e. Fog or chip sealing;

f. Major slump/slide removal;

g. Bridge maintenance; and

h. Aggregate surfacing, except minor spot surfacing.

C-12 Statement of Work/Specifications (AGAR 452.211-72)(FEB 1988)

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

C-13 Attachments to Statements of Work/Specifications (AGAR 452.211-73)(FEB 1988)

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

C-14 Performance Evaluations

A. At the conclusion of each task order or when the Contractor’s performance is considered less than satisfactory, the Government will complete a Contractor’s performance evaluation. The evaluation will take into account all aspects of the Contractor’s performance. The Contractor will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation.

SECTION D – PACKAGING AND MARKING

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

SECTION E – INSPECTION AND ACCEPTANCE

E.1 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.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

The following clause applies to all ordered construction tasks:

52.246-12 Inspection of Construction (AUG 1996)

The following clause applies to all project work paid for by the hour:

52.246-6 Inspection – Time-and-Material Labor-Hour (MAY 2001) 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

52.242-14 Suspension of Work (APR 1984) 52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay 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 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 the date specified in the task order. The time stated for completion shall include final cleanup of the premises.

F-3 Effective Period of the Contract (AGAR 452.211-75) (FEB 1988)

The effective period of this contract is from 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

Government Furnished Property

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

- Government Furnished Property will be identified in each individual task order

G-2 Post Award Conference (AGAR 452.215-73)(NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 15 days after the date of contract award. The conference will be held at Gifford Pinchot National Forest Headquarters office located in Vancouver, WA, or another Forest Service office agreed upon by both parties.

G-3

Designation of Contracting Officer’s Representative

A. The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of task order award.

B. The COR is responsible for administering the performance of work under this contract.

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

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 task 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.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-1

EMERGENCY CONTROL (AGAR 452.236-77) (JUL 1985)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

H-2

LANDSCAPE PRESERVATION

A. EROSION CONTROL MEASURES

a. N/A

B. LANDSCAPE PRESERVATION

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

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

c. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live steams 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.

d. Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

e. Prevention of Oil Spills - If the Contractor maintains storage facilities for oil or oil products on Project Area, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

f. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

C. CLEANING OF EQUIPMENT

a. 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 Forest Service prior to moving each piece of equipment onto the project. Upon request from the Forest Service, arrangement will be made for Forest Service 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.

D. PLAN FOR WEATHER-CAUSED SUSPENSIONS OF WORK

a. The Contractor shall prepare a plan for weather-caused suspensions of work to ensure preservation of resources affected on the work site or sites. The plans shall be consistent with the requirements in the LANDSCAPE PRESERVATION clause contained in this contract. The plan shall be submitted in writing to the Contracting Officer for review and, if acceptable, approval no later than 14 days after contract award. The plan shall distinguish between short-term shut-downs caused by intermittent weather activity and longer-term shut-downs associated with the advent of winter. If rejected by the Contracting Officer, the Contractor shall revise the plan and re-submit it for consideration within three working days of verbal or written notification by the Contracting Officer. The Contractor shall take action consistent with the plan before suspending activity on the site(s).

Acceptance of the plan by the Contracting Officer in no way waives any of the requirements of the LANDSCAPE PRESERVATION clause.

H-3 USE OF PREMISES

A. Forest Service Regulations for Use of Campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes.

B. A storage site WILL NOT be permitted within the project area. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment, however, the fence shall be removed and the site restored prior to final acceptance of the contract.

C. Permanent and temporary electrical power is not available on site for construction use.

D. Sanitary facilities are required and are to be provided by the Contractor on the first day of work. Potable and non-potable water is to be provided by the Contractor.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I-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/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (OCT 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(OCT 2010)

52.204-4 Printed or Copied Double- Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

(DEC 2010)

52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-8 Utilization of Small Business Concerns (JAN 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity MAR 2007) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam

Era, and other Eligible Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Reports on Veterans (SEP 2010) 52.222-41 Service Contract Act of 1965, as Amended (NOV 2007) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) http://www.usda.gov/procurement/policy/agar.html�

52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (SEPT 2010) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(DEC 2007)

52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-11 Extras (APR 1984) 52.232-17 Interest (OCT 2010) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration

(OCT 2003)

52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation

(APR 1984)

52.242-13 Bankruptcy (JUL 1995) 52.244-6 Subcontracts for Commercial Items (DEC 2010) 52.245-1 Government Property (AUG 2010) Alternate I (AUG 2010) 52.248-1 Value Engineering (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price)

(MAY 2004)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-75 Restrictions Against Disclosure (FEB 1988)

Construction Clauses

52.211-18 Variation in Estimated Quantity (APR 1984) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-27 Affirmative Action Compliance Requirements for Construction

(FEB 1999)

52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010) 52.232-5 Payments under Fixed-Price Construction Contracts (SEP 2002) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-8.1.1 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) 52.243-4 Changes(JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.249-10 Default (Fixed-Price Construction) (APR 1984)

I-2 Central Contractor Registration (FAR 52.204-7) (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and https://www.acquisition.gov/far/current/html/Subpart%2032_11.html#wp1043964�

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

http://fedgov.dnb.com/webform�

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

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

(g) (1) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database;

(B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217� https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217� https://www.acquisition.gov/far/current/html/Subpart%2032_8.html#wp1029202� recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227- 2423, or 269-961-5757.

I-3 Reporting Executive Compensation and First-Tier Subcontract Awards (FAR 52.204-

10)(JUL 2010)

(a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by a Contractor to furnish supplies or services (including construction) for performance of a prime contract, but excludes supplier agreements with vendors, such as long-term arrangements for materials or supplies that would normally be applied to a Contractor’s general and administrative expenses or indirect cost.

“Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c) (2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

http://www.ccr.gov/�

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d) (2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c)(1) Unless otherwise directed by the contracting officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, (and any modifications to these subcontracts that change previously reported…