Solicitation_AG-05M6-S-15-0038.pdf
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- FY2015 FROSTED EXCAVATOR PILING Federal contract opportunity
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- AG-05M6-S-15-0038
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REQUEST FOR QUOTATION PAGE OF PAGES
(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1 49
1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING
AG-05M6-S-15-0038 06/05/2015
UNDER BDSA REG. 2 �
AND/OR DMS REG. 1
5a. ISSUED BY 6. DELIVER BY (Date) Mt. Baker-Snoqualmie National Forest 2930 Wetmore Avenue Suite 3A.
Everett, WA 98201
See Section F
5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)
AREA CODE NUMBER 9. DESTINATION
JORGE A SOMOZA 425 783-6053 a. NAME OF CONSIGNEE
8. TO:
a. NAME b. COMPANY b. STREET ADDRESS
c. STREET ADDRESS c. CITY
d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5A ON OR
BEFORE CLOSE OF BUSINESS
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.
This request does not commit the Government to pay any costs incurred in the preparation of the
19 June 2015 2:00 PM submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT
PRICE
AMOUNT
(a) (b) (c) (d) (e) (f)
Tonasket Frosted Excavator Piling
Okanogan-Wenatchee National Forest Tonasket Ranger District
Do Not Enter Prices Here
See Schedule of Items
Mail Quote to Contracting Officer Mt. Baker-Snoqualmie National Forest 2930 Wetmore Avenue, Suite 3A Everett, WA 98201 or e-mail to jsomoza@fs.fed.us or fax at
(425) 783-0129
Technical Point of Contact is Shawn Plank at (509) 486-5150
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
12. DISCOUNT FOR PROMPT PAYMENT � NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF
a. NAME OF QUOTER SIGN QUOTATION QUOTATION
b. STREET ADDRESS 16. SIGNER
a. NAME (Type or print) b. TELEPHONE
c. COUNTY AREA CODE
d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER
NSN 7540-01-152-8084
Previous edition not usable
18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
DUNS: ______
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
TONASKET FROSTED EXCAVATOR
SCHEDULE OF ITEMS
ITEM
NO.
DESCRIPTION
UNIT OF
ISSUE
EST.
QTY.
UNIT
PRICE
TOTAL
AMOUNT
1 Frosted Unit 734 Acres 242 $ $ 2 Frosted Unit 611 Acres 39 $ $ 3 Frosted Unit 535 Acres 3 $ $ 4 Frosted Unit 536 Acres 11 $ $ 5 Frosted Unit 539 Acres 5 $ $
TOTAL $________
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE OF CONTRACT
The purpose of this solicitation is to secure equipment and services for mechanical piling of new or old slash, (woody debris on the ground), to accomplish fuels reduction on the Tonasket Ranger District, Okanogan-Wenatchee National Forest. The expected result of the contract is to prepare slash for removal by burning and to provide adequate site preparation for reforestation activities related to commercial treatments.
Contractor shall supply all materials, equipment, supervision, transportation, and labor for machine slash piling services. Units will be located in Okanogan County in Washington State. Offerer is strongly encouraged to inspect the site where services are to be performed to determine general and local conditions that may affect the cost of contract performance. Camping on site may only be allowed in certain locations and all on-site camping will be subject to disperesed camping hygiene and trash disposal regulations.
For site information, directions, or specification questions, contact Shawn Plank or Jen Croft, (509) 486- 2186.
C.2 LOCATION AND DESCRIPTION
Frosted Timber Sale, Township 35N, Range 31E, Sections 11, and Township 36N, Range 31E, Sections 5, 16, 22, 26, as well as Township 37N, Range 30E, Section 36. From Tonasket follow Hwy 20 to Mt Annie rd.( rd.) travel approximately 8 miles to the Frosted Timber Sale area. Refer to the Project map for specific unit locations.
Estimated Amounts: This contract includes 300 acres of machine piling by excavator as noted in Schedule of Items.
Contract period: The period of this contract is from date of award to August 31, 2015. Estimated start work date is 5 days from the issuance of a written “Notice to Proceed”. Based on start work date of approximately beginning June 15, 2015, a minimum performance production completion rate of 5 acres per 8 hour day, for 60 days total. This production rate is inclusive of slash piling and any Industrial Fire Precaution Level shutdown and fall, winter, and spring shutdown periods.
C.3 GENERAL SPECIFICATIONS
Scope of Agreement:
The intent of this solicitation is to secure the services and equipment for the following forestry related work:
A. Mechanical piling of new and/or old slash with excavator style equipment.
Location and Description:
A. Project Location - The project is located on the Tonasket Ranger District within the Okanogan-
Wenatchee National Forest. Specific units are listed in the Schedule of Items and shown on the attached project maps.
B. Description – The contract maps show some of the physical and topographical features of the units. Contractor is urged to inspect the site where services are to be performed to determine all general and local conditions that may affect the cost of contract performance.
C. Boundaries - The boundaries of the contract units are marked with vinyl ribbon (yellow, or blue) and supplemented with Contract Area tags which identify project and unit numbers. The tags identify unit numbers only and may or may not be on the flagged boundary line. Elsewhere, boundaries are well-defined roads. Roads, as used here, shall mean the well-traveled portion of the road; cut banks and fill slopes may be within the contract unit(s).
D. Accessibility:
1. The Contractor is encouraged to visit the sites to determine road conditions and access.
2. The general work vicinity may be reached by Forest Service roads that are accessible by a two wheel drive vehicle during normal operating seasons.
3. The Government assumes no obligations to plow snow or do special maintenance on roads in order to access units.
4. To minimize soil erosion and damage to National Forest land and roads, all roads are subject to closure during spring and fall, or whenever soil or weather conditions require it.
5. The Government will make every effort to provide the best possible information on road closures at the time of Task Order. However, with time frames allowed under this contract, and the active closure program required to meet Forest Resource Management Plan standards and guidelines, it is possible that roads currently listed as open may in fact be closed by the time work begins.
6. Some Forest Service roads accessing contract units are blocked for road closure purposes.
The Contractor may open these closures to allow access of personnel and equipment to do piling work, only upon approval of the Contracting Officer’s Technical Representative (COTR). However, the road shall be blocked beyond the job site to prevent unauthorized entry into the rest of the road system. The road system shall be checked before closing the road to prevent anyone from being trapped within the area once the road is closed again. The Contractor is responsible for closing all roads that the Contractor opens. All roads opened under the contract shall be closed when directed by COTR immediately to original condition upon completion of piling operations on the unit.
7. Inaccessabilty due to slides or washouts of roads or other unexpected conditions may or may not be corrected at the option of the Government. If road access has been significantly altered from that which has been described above, or on the contract unit maps, the Government may provide an alternate route or delete the inaccessible unit(s).
8. Contractor shall be responsible for moving aside any wind fell trees blocking access to units.
E. Desired Outcome:
The expected result of this project is to mechanically pile fuel loadings of new or old slash
Period of Performance:
Work shall commence approximately beginning June 15, 2015 and continue thru August 31, 2015. This period of performance will have a limited operation period in spring, fall, and winter.
Salvageable Material:
No salvage operations are allowed during the life of this contract.
Obligations of the Contractor:
A. The Contractor shall ensure all equipment moved onto National Forest land is free of soil, seeds, vegetative matter, or other debris that could contain or hold non-native noxious weed seeds, to prevent the introduction of noxious weed seeds onto National Forest land. Contractor shall employ whatever cleaning methods necessary to ensure compliance with the terms of this provision, and shall notify Forest Service prior to moving each piece of equipment onto National Forest land, unless otherwise agreed in writing. Notification will include identifying the location of the equipment's most recent operations.
DEFINITION: Noxious Weeds shall be defined as all weeds under State law (17.10 RCW) identified as any plant which is highly destructive, competitive, or difficult to control by culture or chemical practices and listed by the Okanogan County Noxious Weed Board current policy procedures.
B. The operator employed by the Contractor shall have sufficient skill and experience to properly perform the work to specifications. Any operator or other workman who, in the opinion of the Government, does not perform their work to specifications or does not perform in a skillful manner shall be removed by the Contractor upon written request from the CO.
C. The Contractor shall be responsible for any damage to existing structural improvements such as water developments, fences, monumented corners, bearing trees, road surfaces and/or drainage structures as a result of contract activities. The Contractor shall restore any damage, immediately, back to its existing condition prior to the damage with oversight from the Governement to ensure the restoration of damage does not additionally impact the damaged area.
D. The Contractor shall be responsible for excessive damage to natural resources, such as physical damage to residual trees, excessive mineral soil exposure and compaction, excessive berms from short turning radius, etc. The Contractor shall be required to repair restorable damage.
E. The Contractor shall be responible for the determination of the area of their accomplishment.
The Governement will provide payment for only the total accomplished acres since the preceding pay invoice.
F. At all times that work is being performed under this contract, a copy of the contract must be on site and must be readily available to the Contractor, their representative and the individuals performing the work.
G. The Contractor shall be responsible for removing any trash or refuse left in or adjacent to the units as a result of operations performed under the contract.
C.4 TECHNICAL SPECIFICATIONS
Treatment Sequence
Work Orders will be issued to indicate the order of units to be worked.
Pile Requirements
1. Piles shall be constructed in such a manner as to combust completely, contain fire within the pile perimeter, and do minimal damage to residual trees.
2. Piles shall be located such that overstory canopy does not exist above the pile. Larger piles shall be constructed in areas with wider spacing or overstory trees are of a large diameter to prevent scorch from pile burning in the overstory canopy.
3. Pile height shall be 6 feet minimum and 15 feet maximum.
4. Pile diameter shall not exceed 20 feet and pile diameter shall not exceed twice the height of the pile.
5. Nothing shall protrude more than 5 feet outside of the perimeter of a pile.
6. Tree boles (trunks) and large diameter limbs should be aligned parallel to each other within at least
75% of the pile.
7. Piles shall not be placed on large or tall stumps, down logs greater than 12 inches (small end diameter), or large rocks.
8. Piles shall not be constructed in roads, ditches, meadows, grass “scablands” or channel bottoms.
9. Piles shall contain minimal amounts of soil or rocks.
10. Piles shall be compacted (smashed down), or built to minimize air space and assist with protection of the debris from penetration by precipitation prior to burning.
Non-Specific Requirements for all Services
1) Contractor shall exercise extreme care to prevent damage to leave-trees. Protect residual trees from damage and scarring as a result of contract operations
2) Equipment shall not operate on slopes greater than 35%.
3) Machine operations shall be conducted in such a manner as to minimize additional soil disturbance or compaction. Generally no more than 10% of the soil within the project area may not be disturbed.
Detailed Unit Information Sheets may alter this percentage depending upon unit requirements.
4) Equipment shall operate on existing skid trails or slash mats generated by harvesters to the extent practicable.
5) Refueling, maintenance, and repair shall be done at landings or forest roads where practicable.
6) Equipment shall not cross or operate in meadows, stream channels, Riparian Habitat Conservation
Areas (RHCA’s), or other non-work areas without approval of the COTR.
7) Mechanical equipment shall not operate within 100 feet of Class 4 Streams and no operations shall occur within 300 feet ft of Class 1, 2, or 3 Streams unless otherwise specified in the Detailed Unit Information Sheets.
8) Contractor shall suspend work if soil moisture levels subsequently exceed standards and guides due to adverse or unusual weather conditions.
9) Retain (do not pile or masticate), if available on site, four wildlife logs per acre (whole tree boles per acre), generally distributed throughout the area. Wildlife logs are defined as any down log greater than 12 inches in diameter on the small end and at least 6 feet in length.
10) Contractor shall exercise extreme care to prevent damage to all physical improvements (fences, telephone lines, established land corners, buildings, ditches, etc.) on the contract area. Contractor shall be liable for damage to physical improvements and shall make immediate repairs to damaged physical improvements.
11) Open roads shall be kept free of mastification or piling debris. This includes road surface, cut banks, roadside ditches, and culverts.
12) No piles shall be left within 10 feet of any physical improvement.
13) Contractor shall notify the COTR when a unit is complete before moving out of the general area.
Equipment Specifications
All mechanical equipment proposed for use on this contract shall meet the following specifications:
1) Ground pressure not exceeding 7.5 pounds per square inch
2) Climbing/working ability up to 35% slope
3) Capable of moving within stands without damaging leave trees
4) Effective arm reach of 25 feet minimum
5) Ability to masticate fuels to desired specifications
6) Ability to grapple pile fuels to desired specifications
7) Ability to perform work from existing skid trails or slash mats.
8) Operator cab, engine and arm shall be able to rotate 360 degrees
9) Non leaking fluid systems
Equipment Transportation
The Contractor shall be responsible for initial delivery, movements between project areas, and final move out costs.
Substitution Of Equipment
A. If equipment is inoperative (for 72 consecutive hours) during a period when work is ordered by the Government, the Contractor shall provide substitute equipment (meeting the specifications listed herein) no later than the end of the 72-hour period and notify the Government as soon as possible. Such replacement equipment shall be subject to inspection and acceptance by the Government at the work site.
B. The Contractor may substitute, during the course of the contract, a like piece of equipment for any furnished under the contract. The substitute equipment must meet contract specifications and requirements. Any equipment substitution is made at no cost to the Government.
C.5 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (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.6 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS
(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.
C.7 BIOBASED PRODUCTS
The Contractor must 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., insulating foam, composite panels, and concrete and asphalt release fluids) 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 minor construction 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
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 and source of biobased material
In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.
The awarded 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.
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
52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-4 Inspection of Services--Fixed-Price (AUG 1996)
E.2 CONTRACTOR QUALITY CONTROL SYSTEM
The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. When requested the Contractor shall provide copies of inspection documents and written certification that:
a. Each unit was satisfactorily completed.
b. Thinning and/or slash treatment was completed in accordance with the contract standards.
c. Inspection results accurately reflect the work accomplished.
The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.
GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN
Acceptable Quality Levels
Government Monitoring Method for Piling:
The Government will conduct visual inspections of each unit to determine work quality and may make periodic inspections while work is in progress. Each unit will be verified separately and inspection results on one unit will not be averaged with those of the other units. If the work quality is determined to be better than 90 percent, payment will be made at 100 percent of unit price, less any deductions. In the event visual inspection indicates that work quality is less than 90 percent and the operator will not rework the unit voluntarily then an inspection of the unit will be done on a series of 1/20-acre plots randomly placed and covering at least a 1 percent sample of the unit. Each plot will be examined to determine if the intent of the contract has been met. Plots will be determined to be either, in, or not in, compliance with the conditions listed below.
After completion of a unit, the Government will inspect to determine compliance with the contract standards for 1) residual fuel loadings and 2) pile characteristics.
1. Residual Fuel Loading – The remaining non-piled slash will be compared to the photos on page 42 in
“Photo Series for Quantifying Forest Residues in the: Ponderosa Pine Type, Ponderosa Pine and Associated Species Type, and Lodgepole Pine Type.” USDA Forest Service General Technical Report
PNW-52 (1976) or page 46 in “Photo Guide for Appraising Down Woody Fuels in Montana Forests:
Interior Ponderosa Pine, Ponderosa Pine-Larch-Douglas Fir, Larch-Douglas Fir, and Interior Douglas Fir-Fir Cover Types” USDA Forest Service General Technical Report PNW-97 (1981)
If there is disagreement between the Government and the Contractor on meeting residual fuel loading specifications, the Government will establish plots as referenced above to compare with the actual tonnage figures established in USDA Forest Service General Technical Report PNW-52 (1976) for the photo referenced above.
Slash treatment quality must be 90% or greater for Government to continue inspection.
2. Pile characteristics – A sampling of piles (minimum of 5% of the total unit acreage) may be individually inspected for the following:
Consumability – Is the pile of sufficient size to generate enough heat for total consumption? Are the tree boles (trunks) and large limbs aligned parallel to each other in the majority of the pile? Is the pile compact? Does the pile contain a minimal quantity of soil or rocks? Is there material protruding from the pile?
Containment – Will the pile maintain integrity as it burns? Is the material oriented parallel to the slope?
Is there other combustible material with ignition range of the pile?
Location and Pile Size – Does pile size and location provide sufficient spacing from residual trees to prevent damage from burning of the pile?
Any pile not meeting the above characteristics would be considered not in compliance. The piling quality percentages will be determined by:
Piles Not in Compliance
X 100 Piling Quality
Total # of Piles Taken
Piling quality must be 90% or greater for Government to continue inspection.
E-3 BASIS OF PAYMENT
Inspection and Acceptance Technical specifications are contained in Section C-4 and will be the basis for acceptance of Schedule of Items. Inspection will occur as previously described.
Payment
Unless otherwise approved by the CO, payment will be made for completed units only.
SECTION F--DELIVERIES OR PERFORMANCE
F.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
52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)
F.2 AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)
The period of performance of this contract is from date of award through August 31st 2015.
F.3 PERFORMANCE TRIAL
Prior to awarding a contract the Forest Service may, require a demonstration of the proposed equipment and operator to insure the contractor can meet the specifications for this project. The Government would compensate the contractor for the work completed.
F.4 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
Contractor shall submit a time chart or schedule of proposed progress to insure completion of the work within the time set forth in the contract. If Contractor’s progress falls behind that schedule, the Contractor shall take such action as necessary to improve their progress; in addition, the Government may require the Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.
F.5 REQUIRED SUBMITTALS
The following is a general summary of the required submittals. Other submittals may be required as specified by the Contracting Officer or Contracting Officer’s representative during the life of this contract. (Contracting Officer = CO, and Contracting Officers Representative = COR)
Submittal Title Submittal Due Submit To Performance Schedule with crew availability/equipment info.
Submittal of offer/bid CO
Past Performance verification Submittal of offer/bid CO Quality Control Plan Submittal of offer/bid CO Schedule of Items with pricing Submittal of offer/bid CO Equipment Qualifications Submittal of offer/bid CO Job Specific Safety Plan Submittal of offer/bid CO and COR Insurance and Licensing information
Submittal of offer/bid CO
Fire Plan Joint preparation during post award conference
CO and COR
Designation of Contract Prior to starting work CO
Representative Approval of Subcontracting Prior to Subcontractor starting work
CO
Authorization to travel closed roads
Joint preparation during post award conference
COR
F-6 USE OF PREMISES
A. The Contractor shall comply with all regulations governing the operation of premises and shall perform his contract in such a manner as not to interupt or interfere with Government functions.
B. Before any camp is opened or operated on National Forest land or lands administered by the Forest Service, the Contractor shall request permission in writing to the COTR. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor.
C. The Contractor shall clean up of worksites and parking areas, and remove equipment from National Forest land before final acceptance and payment of the project.
D. The Contractor shall provide and maintain sanitary facilities. Contractor shall comply with all State and Federal laws regarding field sanitation.
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award. The conference will be held at date and time to be determined.
G.2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE
The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.
The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.
The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).
On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel: None
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I.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/ www.usda.gov/procurement/policy/agar.html
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
(JULY 2013)
52.204-13 System for Award Management Maintenance (JULY 2013)
52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (JULY 2013)
52.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JULY 2014) 52.222-41 Service Contract Labor Standards (MAY 2014)
52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2014)
52.223-6 Drug-Free Workplace (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts
(MAY 2008)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
(AUG 2011)
52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.232-1 Payments (APR 84) 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) 52.232-16 Progress Payments (APR 2012)
52.232-23 Assignment of Claims (MAY 2014) 52.232-25 Prompt Payment (JULY 2013) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management
(JULY 2013)
52.232-39 Unenforceability of Unauthorized Obligations (JUNE 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) 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) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)
52.244-6 Subcontracts for Commercial Items (APR 2015) 52.245-2 Government Property Installation Operation Services (APR 2012)
52.246-25 Limitation of Liability—Services (FEB 1997) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From)
(APR 1984)
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
452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)
452.237-75 Restrictions Against Disclosure (FEB 1988)
I.2 FAR 52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT
(OCT 1997)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a) The Schedule (excluding the specifications).
(b) Representations and other instructions.
(c) Contract clauses.
(d) Other documents, exhibits, and attachments.
(e) The specifications.
I.3 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES
(MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
This Statement is for Information Only:
It Is Not A Wage Determination.
Employee Class Monetary Wage--Fringe Benefits
WG-6 $$21.90
WG-8 $24.54
I.4 FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER
SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov .
(c) In the performance of this contract, the Contractor shall—
(1) Report to http://www.sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report not later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
I.5 AGAR 452.209–71 ASSURANCE REGARDING FELONY CONVICTION OR TAX
DELINQUENT STATUS FOR CORPORATE APPLICANTS ALTERNATE 1 (FEB 2012)
(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –
(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and
(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.
(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
Title Pages
1. Specification List 0
2. Supplemental Specifications 0
3. Project Drawings 5 Page No Description 1 of 5 Vicinity Map/Project Map 1 2 of 5 Frosted Excavator Piling 1 3 of 5 Pile Diagram 1 4 of 5 Sample Picture 1 5 of 5 Sample Pictures 1
4. DOL Wage Decision No. 1977-0209 3
5. Fire Protection and Suppression (R6-FS-6300-52) 7
6. Experience Questionnaire. 2
EXHIBIT A- VICINITY MAPS
EXHIBIT D- SAMPLE PILE DIAGRAM
EXHIBIT E- SAMPLE PICTURES
WD 77-0209 (Rev.-49) was first posted on www.wdol.gov on 03/03/2015 Forestry and Land Management Services
REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON, D.C. 20210
Diane C. Koplewski Division of Wage | Wage Determination No: 1977-0209 Director Determinations | Revision No: 49 | Date Of Revision: 02/23/2015 Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Service Contract Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually.
Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
State: Washington Area: Washington Statewide
**Fringe Benefits Required Follow the Occupational Listing**
Forestry Industry
OCCUPATION CODE - TITLE FOOTNOTE RATE
08010 - Brush/Precommercial Thinner 14.40 08040 - Choker Setter 17.25 08070 - Faller/Bucker 24.58 08100 - Fire Lookout 10.98 08160 - Forestry/Logging Heavy Equipment Operator 19.48 08190 - Forestry Technician 19.48 08200 - Forestry Truck Driver 19.48 08250 - General Forestry Laborer 14.39 08280 - Nursery Specialist 17.84 08310 - Slash Piler/Burner 10.98 08340 - Tree Climber 16.10 08370 - Tree Planter 14.40 08400 - Tree Planter, Mechanical 14.40
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.02 per hour or $160.80 per week or $696.79 per month
VACATION: 1 week paid vacation after 1 year of service with a contractor or successor; 2 weeks after 2 years; and 3 weeks after 5 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A
6/4/2015http://www.wdol.gov/wdol/scafiles/non-std/77-0209.sca?v=49 contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.
** NOTES APPLYING TO THIS WAGE DETERMINATION **
Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.
The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), dated September 2014, unless otherwise indicated.
REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE
Standard Form 1444 (SF-1444)
Conformance Process:
The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(C)(vi)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, U.S. Department of Labor, for review (See 29 CFR 4.6(b)(2)(ii)).
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.
5) The contracting officer transmits the Wage and Hour decision to the contractor.
6) The contractor informs the affected employees.
Information required by the Regulations must be submitted on SF-1444 or bond paper.
When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.
R6-FS-6300-52 (5/97)
USDA FOREST SERVICE
PACIFIC NORTHWEST REGION
FIRE PROTECTION AND SUPPRESSION
1. Fire Period and Closed Season Specific fire prevention measures are listed below and shall be effective for the period April 1 to October 31 of each year. The Forest Service may change the dates of said period by advance written notice if justified byunusual weather or other conditions. Required tools and equipment shall be kept currently in serviceable condition and immediately available for initial attack on fires.
2. Fire Plan
Before starting any operations on the project, the Contractor, Permittee, Licensee, or Purchaser, hereinafter referred to as the "Contractor," shall prepare a fire plan in cooperation with the Contracting Officer providing for the prevention and control of fires in the project area.
The Contractor shall certify compliance with fire protection and suppression requirements before beginning operations during the fire period and closed season, and shall update such certification when operations change
3. Substitute Measures
The Contracting Officer may by written notice authorize substitute measures or equipment or may waive specific requirements during periods of low fire danger.
4. Emergency Measures
The Forest Service may require emergency measures, including the necessary shutting down of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions.
5. Fire Control
The Contractor shall, independently and in cooperation with the Forest Service, take all reasonable action to prevent and suppress fires in the project area. Independent initial action shall be prompt and shall include the use of all personnel and equipment available in the project area.
For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor's operations, the Contractor shall place employees and equipment temporarily at the disposal of the Forest Service. Any individual hired by the Forest Service will be employed in accordance with the Interagency Pay Plan for Emergency Firefighters.
The Forest Service will compensate the Contractor for equipment rented at fire fighting equipment rates common in the area, or at prior agreed to rates.
6. Compliance with State Forest Laws
Listing of specific fire precautionary measures herein is not intended to relieve the Contractor in any way from compliance with the State Fire…
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