RFQ.docx

SECTION B —

SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

SECTION B NOTES: Task Order Pricing

RFP Initial Task Orders

1. The offeror’s prices for pay items should include all applicable overhead, profit and all burden costs such as, insurance, support costs, compliance with environmental laws, taxes, and protection of government property. If the work will be sub-contracted the price proposed should be inclusive of all costs involved with subcontracting the work.

2. All items on the schedule of items are to be completed and submitted as the offeror’s cost quote. Failure to submit a completed schedule will result in the offeror’s entire proposal package being considered non-responsive and will not be evaluated. All unit prices and total prices are limited to two (2) decimal places.

Post Award IDIQ Task Orders

1. Task orders for project requirements will be issued to the competed between the awarded IDIQ contractors. The offeror’s prices should include all applicable overhead, profit and all burden costs such as, insurance, support costs, compliance with environmental laws, taxes, and protection of government property. If the work will be sub-contracted the price proposed should be inclusive of all costs involved with subcontracting the work.

2. All items on the schedule of items are to be completed and submitted as the offeror’s cost proposal. All unit prices and total prices are limited to two (2) decimal places.

3. Pricing and Competition. Task orders estimated to be greater than $2,500 in magnitude will solicited and awarded competitively among the IDIQ Contractors. Awards of task orders shall be issued to the contractor whose proposal represents the best value to the Government. Evaluation factors for task orders shall be the same as those stated in this solicitation and the resulting contracts, unless otherwise indicated in the task order.

Contractor Information:

Tax ID# ________________________

Duns # _________________________

CCR registered yes ______ no _______

Fax # __________________________

Email: _________________________

INTENT AND LOCATION

INTENT

The National Forests in North Carolina (NFNC) has a requirement for Trail Maintenance, Construction, and Assessment Services on wilderness and non-wilderness trails, including motorized and non-motorized trails in the Pisgah and Nantahala National Forests western North Carolina. Work consists of restoring the original trail templates, including clearing, removing slough and berm, filling ruts and troughs, reshaping backslopes, excavation, reshaping trail tread, restoring drainage, constructing grade dips, removing rocks, roots, and stumps, rehabilitation of trail structures such as stairways, retaining walls, and handrails, obliterating social trails, installing check dams, and constructing new trail and sections of trail relocations. Work may also consist of performing trail assessments, flagging new trail routes and trail relocation routes.

Contractor(s) shall furnish all labor, equipment, transportation, supervision, supplies and incidentals to perform and complete this work in accordance with terms, specifications, conditions, and provisions of this solicitation.

This solicitation is expected to result in award of four (4) Indefinite Quantity / Indefinite Delivery (IDIQ) contracts that will consist of a 12-month Base Period and 3-12 month Option Periods that can be exercised following the base period at the discretion of the Government.

The contract work will be awarded on Task Orders by the Government which will detail the location of the work, the quantity of the work and time for performance. The type of work ordered may vary by task order. The Government anticipates, but does not guarantee, placing orders totaling $980,000.00 over the life of the awarded contracts. The life of the contracts are inclusive of the Base Period and all option periods. Task orders will be competed among awarded IDIQ contractors, in accordance with the specifications of this solicitation and the resultant contract. Majority of the contract work is service work and Service Contract Act wage determination and prompt payment procedures will apply to the task orders. Task orders may contain construction work more than $30,000.00 which will be applicable to performance bonding, Davis Bacon wage rates and payroll submittal requirements would apply to those orders.

LOCATION

The solicitation will result in award to 4 IDIQ contractors to perform work for the Nantahala and Pisgah National Forests at the addresses below:

Ranger District Address County City

1. Grandfather 109 E. Lawing Drive McDowell Nebo

3. Pisgah 1001 Pisgah Hwy Transylvania Pisgah Forest

5. Cheoah 1070 Massey Branch Rd Graham Robbinsville

6. Tusquitee 123 Woodland Drive Cherokee Murphy

SECTION C--

STATEMENT OF WORK/SPECIFICATIONS

1. STATEMENT OF WORK

The contractor shall provide all equipment, labor, supervision, transportation, materials, tools, and other incidentals and execute all work necessary to perform trail maintenance, construction, and assessment on National Forest wilderness and non-wilderness trails in the Mountain Ranger Districts in the state of North Carolina in accordance with the Performance Requirement Summary (PRS) specifications, exhibits and industry standards. See Attachment 3. The Forest Service will not know the exact condition of every trail before a task order is issued, therefore it is the Contractor’s responsibility to review the trails listed on the pricing request for each Task Order. Services shall be performed on any of the Forest Service trails managed by the Ranger Districts for which this contract applies. Specific trails and tasks will be detailed on individual task orders. District maps showing trails locations, for the projects on awarded task orders, may be obtained at the individual District Ranger Office.

Applicable Department of Labor Wage Rates for construction and service work are found in Attachment 1.

Work will consist of a variety of trail maintenance, construction and/or assessment tasks which will be itemized, described, quantified and or specified on individual task orders. Attachment 2 contains a list of possible construction, maintenance, and assessment schedule of items that may be ordered on task orders. Other work items not listed may be ordered if mutually agreed by the Contracting Officer and Contractor depending on the individual task order specifications.

In addition to providing trail maintenance there may be construction items included on the task orders. Applicable construction clauses will apply. Payment Bonds will be required for the task orders that contain construction work totaling more than $30,000.00. Submission of Payrolls, in accordance with the Davis Bacon requirements, will also be required. Payment Bond Form 25a and sample WH-347 are provided in Attachment 5.

Task Order quantity adjustments may be mutually agreed upon without further competition depending on task order pricing and funding availability. All modifications shall be finalized on a SF30.

Trails are located in both Wilderness and Non-Wilderness areas of the Forest. Work within Wilderness areas shall be accomplished using traditional tools and skills. Movement of tools and/or materials in and out of Wilderness will require use of pack stock or human power; mechanical transport and motorized equipment use is prohibited by law, except under special authorizations. See definitions below for activities considered “mechanical transport” or “motorized equipment”. If a task cannot be accomplished using traditional tools, the Contractor is to stop work and contact the CO or COR immediately.

Mechanical Transport: Any contrivance for moving people or material in or over land, water, or air, having moving parts, that provides a mechanical advantage to the user, and that is powered by a living or nonliving power source. This includes, but is not limited to, sailboats, hang gliders, parachutes, bicycles, game carriers, carts, and wagons. It does not include wheelchairs when used as a necessary medical appliance. It also does not include skis, snowshoes, rafts, canoes, travois, or similar primitive devices without moving parts.

Motorized Equipment: Machines that use a motor, engine, or other nonliving power sources. This includes, but is not limited to, such machines as chain saws, aircraft, snowmobiles, generators, motorboats, and motor vehicles. It does not include small battery or gas powered hand carried devices such as shavers, wristwatches, flashlights, cameras, stoves, or other similar small equipment. Task Orders may specify specialized equipment or limitations on equipment size.

Tools Approved for Use in Wilderness Areas: Include but are not limited to bow saws, one-person crosscut saw, 2-person crosscut saw, double bit axe, single bit poll axe w/ wedges, peavy/cant hook, log carriers, loppers/pruning shears, swing blades, fire rake, shovel, adze/hazel hoe, stone hammers, star drills, long iron pry bar, block and tackle with an assortment of rope, wire rope, chains, and cable;

grip hoists, draw knife, Pulaski/mattock, etc.

2. SPECIFICATIONS

Maintenance & Construction Work

The Performance Requirements Summary (PRS), and other related requirements contained in Attachment 3 comprise the technical specification for maintenance work. Technical Specifications for trail maintenance and construction listed below are provided in Attachment 4:

U.S. CUSTOMARY SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF TRAILS, PACIFIC NORTHWEST REGION - JULY 2005, (i.e., Standard Specifications), SUPPLEMENTAL SPECIFICATIONS TO REGION 6 TRAIL SPECIFICATIONS, (i.e., Supplemental Specifications), and

MAINTENANCE AND CONSTRUCTION DRAWINGS, (i.e., Drawings), The requirements in these specifications are hereby made part of this solicitation and any resultant IDIQ contract and task order. These Standard Specifications, Supplemental Specifications, Drawings along with the other related requirements contained in the attachments comprise the technical specifications for maintenance and construction work. Individual task orders will include specific requirements for work to be performed. A list of anticipated pay items that may be ordered under this contract is included in Attachment 2. This list is representative of work to be ordered but not all-inclusive.

Assessment Work

Contract General Specifications, Section C-5, Attachment 3, comprise the technical specification for assessment work. Individual task orders will include specific requirements for work to be performed.

3. DEFINITIONS

Graphic definitions and representations of trail structural terms are shown in Attachment 4.

Acceptable Quality Level (AQL). The maximum allowable defects that may occur before the Government will affect the price computation system in accordance with the Performance Requirements Summary (PRS) and the Inspection of Services Clause. An AQL does not allow a contractor to knowingly offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

Adjustment in Contract Price--“Equitable adjustment,” as used in the Federal Acquisition Regulations

Agreed or Approved - Official agreement or approval by use of a written document issued by the Government. Agreements also require signature of Contractor's Representative and are dated.

Aggregate Base Course (ABC)- Gravel material meeting the requirements of the North Carolina Department of Transportation Standard Specifications for Roads and Structures, Division 10, for Aggregate Base Course (ABC)(M).

Aggregate Base Course (M) (ABC(M))- Gravel material meeting the requirements of the North Carolina Department of Transportation Standard Specifications for Roads and Structures, Division 10, for Aggregate Base Course (ABC(M)).

Berm - The ridge of material formed on the outer edge of the trail projecting higher than the tread. Berms commonly parallel trail centerline; an unnecessary berm is a berm that prevents proper drainage or does not perform a desirable function.

Best Value- The expected outcome of an acquisition that, in the Government’s estimation , provides the greatest overall benefit in response to the requirement.

Bid Schedule- Schedule containing a list of pay items, quantities, units of measure, unit price and amount.

Blazers- Plastic, metal, or wood symbols used to mark trail routes.

Blaze- Shape cut into or painted onto the trunk of a tree to mark route of travel.

Borrow- Suitable materials, taken from approved sources designated on the drawings or on the ground, to be used for embankments and backfilling.

Bridge- A structure, including supports, erected over a depression or stream, and having a deck for carrying traffic.

Broom Clean- The surface is free of all loose material and debris. This condition is comparable to standard practice in the real estate for the sale of a dwelling.

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

Contract- A mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications.

Contract Discrepancy Report (CDR)- A formal, written documentation of Contractor nonconformance or lack of performance for contract work. Sample CDR form is provided in Attachment 5.

Contract Modification- Any written change in the terms of a contract.

Contract Quantities - Those estimated quantities shown in the Schedule of Items as awarded.

Contracting Officer Technical Representative (COR/COTR)- Technical Representative designated in writing by the Contracting Officer who performs quality assurance evaluations of the Contractor's performance.

Contracting Officer (CO)- A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

Contractor- The term as used herein refers to both the prime Contractor and any subcontractor. The Contractor shall be responsible for insuring that his subcontractors comply with the provisions of this contract.

Contractor Representative- A foreman, superintendent, or manager, assigned in writing, to be responsible for the execution of work under this contract. Sample Representative form is provided in Attachment 5.

Culvert - Any structure which provides a passageway, drain, or waterway under a road or embankment.

Daily Diaries- Documentation of Government inspections which reflect the Contractor’s performance.

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

Drainage dip - A constructed depression within the trailbed to form a uniform depression that allows routine passage of users while diverting water from the traveled way. Also known as Grade Dip and Rolling Dip.

Drainage ditch - A ditch located parallel to and abutting the trailbed.

Drainage structure - A term identifying man-made devices placed to control water movements.

Drawings – Design sheets or fabrication, erection, or construction details submitted to the Government by the Contractor. Also refers to submissions and submittals.

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

Excess Material – Material generated from the work of this contract which is unsuitable or in excess to that needed for maintenance work required by this contract.

Foreslope - The slope of the ditch section from the road shoulder to the ditch flowline.

Forest Service--The United States of America, acting through the Forest Service, U.S. Department of Agriculture.

Government - The Contracting Officer with authority to sign orders or the duly authorized Contracting Officer's Representative (COR/COR)

Grade (noun)- The vertical alignment of the top surface of the trail, a ditch flowline, the ground or other surface. Grade can also mean slope.

High Clearance Vehicles – Vehicles such as, pickups, 4x4s, and log trucks.

IDIQ - Indefinite Delivery Indefinite Quantity. A contract vehicle used when it is not possible to define a contract’s quanitity or delivery requirements at the time of the initial award.

Inspector- A person designated in writing by the COR to assist with inspection of the Contractor’s performance.

Lead-off ditch - A ditch used to remove water from the trail or from trailside drainage ditches.

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

Measurement – The process of identifying the dimensions, quantity, or capacity of an item.

Neat Line--A line defining the proposed or specified limits of an excavation or structure.

Offer- A response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract.

Option. A unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional services called for by the contract, or may elect to extend the term of the contract.

Task Order - A written order, issued on an OF-347, by the Government directing fulfillment of work requirements under the terms of the contract. Sample OF-347 Form is provided in Attachment 5.

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

Pavement Structure – The combination of sub base, base, paving geotextiles, and surface courses placed on a subgrade to support and distribute the traffic load to the roadbed.

Performance Requirement Summary (PRS)- Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by contractor. See Attachment 3.

Plans – The contract plans furnished by the government showing the location, type, dimensions, and details of the work.

Protected Stream course--A drainage shown on the plans or area map that requires designated mitigation measures.

Quality Assurance- Those actions taken by the Government to assure services meet the requirements of the Performance Requirement Summary (PRS).

Quality Assurance Surveillance and COR Action Plan (QASP)- An organized written document used for quality assurance surveillance. The document contains specific methods to perform surveillance of the contractor.

Quality Control (QC)- A method used by the Contractor to control the quality of goods and services provided.

Reasonably Close Conformity - Compliance with customary maintenance tolerances where working tolerances are not specified.

Right-of-Way- A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Rolling Dip - A shallow, wide, ditch placed across the trail to remove water from the trail surface. A rolling dip includes a ramp on the down-grade side of the ditch and it can be easily crossed by trail users. It is usually placed diagonal to the centerline. See Drainage Dip.

Road Ditch – Drainage ditch. Trailside ditch.

Roadside Ditch – Road ditch. Drainage ditch.

Rolling Dip - A shallow, wide, ditch placed across the trail to remove water from the trail surface. A Rolling dip includes a ramp on the down-grade side of the ditch and it can be crossed by trail users. It is usually placed diagonal to the centerline. See Drainage Dip.

Schedule of Items - See Bid Schedule.

Shall- The imperative.

Silt Trap – A constructed rectangular pit, approximately 2’-4’ wide, 2’deep, and 4’-8’ long (or longer), placed in the vicinity of a trail-side ditch flowline or tail ditch, such that water flowing in the ditch enters the trap and allows silts and sands to “drop out” before exiting the trap and continuing down the ditch or to daylight. Trail-side ditch silt traps are generally parallel to and adjacent to the trailbed and clean the water flowing in the trail-side ditch. Tail ditch silt traps are on the outfall side of a culvert, typically in the tail ditch (if present) and clean the water prior to discharge. It does not include a pit that catches water from sheet flow across a trailway.

Slough or Slide - Material fallen or slid on to the trailway or off or down an embankment slope that may need to be repositioned or removed.

Slump - A localized portion of the trailbed which has slipped or otherwise become lower than that of the adjacent trailbed and constitutes a hazard.

Special Project Specifications - Specifications which detail the conditions and requirements peculiar to an individual project, including additions and revisions to the standard specifications.

Subcontractor. Any supplier, distributor, vendor, or firm that furnishes supplies or services to a prime contractor.

Suitable Material - Rock that can be accommodated in the trail structure, and soil free of duff with a recognizable granular texture.

Supplemental Agreement- A contract modification that is accomplished by the mutual action of both parties.

Surfacing- Material placed on top of the trailbed or base course that provides the desired tread.

Switchback- A reverse in direction of trail grade with a level landing used to change elevation on a steep slope, usually involving special treatment of the approaches, barriers, and drainages.

Tail Ditch – A ditch used to convey water away from a culvert outlet, Cattle guards, or similar drainage structure, typically and preferably to daylight.

Trailbed- The finished surface on which base course or surfacing may be constructed. For trails without surfacing the trailbed is the tread.

Trailway- The portion of the trail within the limits of the excavation and embankment.

Tread- The surface portion of the trail upon which traffic moves.

Treadway- The surface portion of the trail within the limits of clearing.

Traveled Way - The portion of the trailway for the movement of users. For purpose of this contract, traveled way includes turnouts and curve widening.

Turnout - A short section of extra trail width to provide for passage of trail users.

Unsuitable Material - Material removed during maintenance which must be disposed of in designated locations. This includes material with substantial amounts of debris, rocks, vegetation, muck, sod, organics or other objectionable material. See also excess material.

Warranty. A promise or affirmation given by a contractor to the Government regarding the nature, usefulness, or condition of the supplies or performance of services furnished under the contract.

Waterbar – A structure used for turning water off the trail, usually made of logs or stones.

Water Courses - Any natural or construction channel where water naturally flows or will collect and flow during spring runoff, rainstorms, etc.

Where "as shown", "as detailed", or words of similar import are used, it shall be understood that reference is made to the attachments accompanying this specification unless stated otherwise.

Where "as directed", "as required", "as permitted", "approval", "acceptance", or words of similar import are used, it shall be understood that direction, requirement, permission, approval or acceptance of the Contracting Officer is intended unless stated otherwise.

Wing Ditch – Lead-off ditch.

Work Schedule - The Contractor's current schedule for work progression.

Other Abbreviations, Acronyms, and Terms or Definitions referenced specifically to a construction project are contained in Federal Highway Administration’s U.S. CUSTOMARY SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF TRAILS, PACIFIC NORTHWEST REGION - JULY 2005

4. CONTRACTOR’S QUALITY CONTROL

The Quality Control plan shall describe the Contractor’s method for ensuring all work meets the specifications of the project. The Contractor is responsible for ensuring that the work is completed in a timely manner and in accordance with the specifications of the contract. See Attachment 3.

A Quality Control Plan is required to be submitted with the initial task order in Attachment 8 and each task order quote after award.

5. OBLIGATION OF THE CONTRACTOR

Contractor shall furnish all supplies, materials, tools, equipment, labor, supervision and transportation to do the required work. Each week, unless otherwise approved, the Contractor shall keep the Contracting Officer's Representative (COR) informed of his location and progress of work in writing to the to permit timely inspection and acceptance of completed work by the Government. If construction work is included in the task order, the Contractor shall forward to the COR each week the payrolls, including the WH-347, for the prior week in accordance with the Department of Labor Davis Bacon requirements. Sample WH-347 is provided in Attachment 5.

The Contractor shall provide a sufficient number of certified, trained and competent personnel to accomplish the work of this contract in a manner consistent with the highest professional standards of the industry.

The Contracting Officer (CO) 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.

On all matters that pertain to the contract terms the Contractor shall communicate, in writing, 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 CO 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.

The Contractor shall post all required posters and wage rates applicable for each task in a location accessible to all employees.

Note: All Contractors are required to submit price quotes on 50% of the task orders issued for the IDIQ Contract they are awarded. Failure to submit a price quote on 50% will result in the Contractor forfeiting their minimum guarantee and the Government possibly not exercising future options.

6. GOVERNMENT’S QUALITY ASSURANCE (QA)

The Government will monitor progress to ensure that the Contractor is providing the quality promised in their QC Plan and that work meets performance standards. Visual observation may be used. The Government reserves the right, if deemed necessary to ensure compliance with the contract, to make random or 100% full inspections of the work. Each trail will be inspected separately, and the results will not be averaged.

Government inspections will be documented on Daily Diaries and placed in the contract file. If work in part of an area does not meet the Acceptable Quality Level given above, a Notice of Non Compliance (CDR) will be issued to the Contractor. See Attachment 5 for sample of CDR. The CO may issue other cure notices if work is not being performed in a timely manner or does not comply with contract specifications.

Inspection intervals will be determined at the prework meeting for each task order. The COR or designated Inspector shall make an overall inspection of trails. If a need for remedial work prior to acceptance is reflected by the COR/Inspector`s inspection, such remedial work will be performed before the Contractor moves to the next work item. If the inspection results in acceptance of the area, the Contractor may immediately proceed with work on the next work item.

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

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work.

7. OBLIGATION OF THE GOVERNMENT

When required by the specifications or drawings, the locations of special work items will be staked on the ground by the government.

8. MEASUREMENT AND PAYMENT

For Assessment work, refer to Attachment 3, Section C-5 and individual work item descriptions.

For Maintenance and Construction work refer to Attachment 4, U.S. CUSTOMARY SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF TRAILS, PACIFIC NORTHWEST REGION, JULY and individual work item descriptions for details on measurement and payment.

Quantity Measurement Terms

U.S. Customary Units of measure are used in conjunction with these specifications.

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

All items, which are measured by the foot, will be measured along its longitudinal centerline, unless otherwise shown on the drawings.

A station when used as a definition of term or measurement will be one hundred feet, or a precise location along a survey line.

Miles will, in the absence of known distances from existing plans or surveys, be determined by the Government using a calibrated survey wheel or equal substitute operated on the traveled way at or parallel to trail centerline.

The term "ton" means 2000 pounds. Trucks used to haul material measured by truck weight shall bear a plainly legible identification mark. Weight tickets furnished by the Contractor from certified scales will be used to determine weight measurements.

Materials measured by the cubic yard in the hauling vehicle shall be measured therein at the point of delivery. Vehicles may be of any legal size or type, provided that the box is of such shape that the actual volume may be readily and accurately determined.

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

Measure square yard along longitudinal and traverse slopes on transverse slopes steeper than 2:1.

The term "lump sum" when used in the Bid Schedule means the complete unit as required by or described in the contract.

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

9. SAFETY

Contractor Safety Responsibilities. It shall be the responsibility of the Contractor to assure that proper techniques and procedures are followed and precautions taken to prevent injury to any person or property as a result of work performed under this specification. The Contractor shall be solely responsible for the repair of, or payment for, any damage or injury to government property and their property caused by his representatives, materials, or equipment. All work areas shall be left in a safe and clean condition equal to that in which they were found.

The Contractor shall equip his representative with required safety devices such as safety glasses and protective gloves and shall comply with all local safety requirements.

The Contractor and the Contractor’s employees shall adhere to all safety regulations and guidelines applicable to this type of work. These include, but are not limited to safety requirements provided by the Occupational Safety and Health Administration (29 CFR 1910-1926, www.osha.gov). It is the contractor’s responsibility to know what safety regulations and guidelines are applicable to this type of work.

The contractor shall exercise caution and care while pursuing the work in order to prevent unnecessary conflict with trail users.

Appropriate warning signs shall be posted on each end of work areas or zones. These signs shall be moved as needed to properly delineate and identify the sections of trails being maintained. Additional signs may be placed to cover entire work area. See also “Maintenance and Control of Traffic” in Section C-6, Attachment 3.

The Contractor shall provide a written, job-specific safety plan for the inherently hazardous conditions that exist during operations. The Contractor’s safety plan shall identify and describe any inherently hazardous conditions and specific actions to reduce these hazards.

This plan shall be provided to the Contracting Officer at the pre-work conference. Work shall not commence on this project if the Contractor fails to provide a safety plan.

Inherently hazardous conditions that could lead to serious injury or loss of life are lacerations from saws, slips and trips from uneven terrain, hidden obstacles of slope of ground, driving and weather conditions. These are not inclusive.

10. SCHEDULING WORK

Before any of the work is initiated under a task order, the Contractor shall confer with the CO or the COR and agree on a sequence of procedures and the inspection intervals; means of access to work sites, use of Government property, etc. In most cases, a pre-work conference will be scheduled by the CO, with the COR, to review task order requirements, administrative details and other information necessary to perform the task.

Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel. All deliveries shall be coordinated with the COR, prior to the delivery date.

The work shall, so far as practicable, be done in definite sections or divisions and confined to limited areas which shall be completed before work in other sections, or division is begun. Work sequencing shall be coordinated with the COR, so as to have minimal impact on Government operations and personnel.

11. PERFORMANCE REQUIREMENTS

The Contractor is required to adhere to all requirements listed in the contract and to Adhere to all Standard Specifications, Special Specification, and Drawings for each project.

The Contractor is to communicate with the CO and COR as to progress, location, and completion of items and to adhere to all requirements of the National Forests of North Carolina Fire Protection Requirements.

12. WORKING HOURS

Work hours are generally limited to Monday through Sunday between dawn and dusk. The Contractor will be provided a key to access any gated roads.

13. ENVIRONMENTAL PROTECTION

The contractor shall instruct employees in environmental protection practices. The contractor shall be responsible for operating under conditions which preclude the waste of fuel or spoiling the environment which shall include:

Disposal of Refuse: Contractor shall be required to remove all refuse from each respective work site every day work is performed and shall dispose of the refuse off of Government property. Where no bathroom facilities are available, deposite solid human waste in catholes dug 6 to 8 inches deep, at least 200 feet from water, campsites, or trails. Contractor is to cover and disguise the cathole when finished.

Fuel for equipment, trucks and vehicles shall not be wasted. Extended engine idling shall not be permitted.

Machine fluids (fuel, oils, coolants, etc.) shall not be drained on the ground or allowed to enter any watercourse. Inadvertent spills shall be contained immediately and the District Ranger, Project Inspector, and local authorities shall be notified immediately. Promptly remediate the spill unless otherwise directed by authorities. A spill kit must be located on each piece of equipment able to handle the hydraulic capacity of the machine in the event of a spill.

The Contractor shall provide protective barriers to prevent soil erosion on all projects requiring excavation and have environmental protection measures in place to prevent sedimentation drainage of silts into storm drains or waterways. All protective barriets will be continually maintained on the project until the project is completed and accepted by the Government.

14. FIRE PROTECTION REQUIREMENTS

The Contractor shall comply with all policies and rules of the National Forests of North Carolina to prevent forest fires. The Forest Service Health and Safety Code Handbook (FSH 6709.11), National Wildfire Coordination Group Fireline Handbook, and Forest and District policies describe procedures to avoid the unintentional ignition and spread of wildfire. These include, but are not limited to:

1. Use spark arrestors on fuel powered vehicles and machinery.

2. Have onsite access to a fire extinguisher and/or other firefighting tools, such as shovels or rakes.

3. Ensure proper storage and handling of flammable liquids.

4. Ensure positive extinguishing of any open flames or burning materials, such as tobacco.

5. Obtain COR and District approval for any open fires.

6. Completely extinguish all approved fires before departing worksite.

15. NOISE CONTROL

The Contractor shall comply with all applicable local laws, regulations, and ordinances relative to noise control.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

SECTION F - DELIVERIES OR PERFORMANCE

52.242-15 STOP WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (Apr 1984)

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from April 01, 2013 through February 28, 2014.

Option Periods If the option periods are exercised by the Government the period of performance for each option period will be as follows:

Guaranteed Minimum The guaranteed minimum amount for each contract, inclusive of the base and all option periods, in the amount of $2,500.00 will be obligated on a task order and shall be inclusive of all profit and overhead.

Note: All Contractors are required to submit price requests on 50% of the task orders issued for the National Forests of North Carolina (NFNC) IDIQ Contract they are awarded. Failure to submit a price quote on 50% of pricing requests will result in the Contractor forfeiting their minimum guarantee and the Government not exercising future options.

SECTION G - CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a site to be determined at the time of award.

GOVERNMENT-FURNISHED PROPERTY and UTILITY SERVICES

Property Unless specified in the individual task order or elsewhere in this contract, the Government will not provide any Government property to the Contractor for use in the performance of this contract. If the task order provides Government property the Contractor shall used and maintain the property in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Utilities Where available on the Forests, Contractors may use Forest Service water systems, toilet facilities, and electrical services in the completion of requested work and at no cost to the Contractor. However due to the location of the projects under the resultant contract the Government does not guarantee there will be facilities available to use under this contract. Where no bathroom facilities are available, deposit solid human waste in catholes dug 6 to 8 inches deep, at least 200 feet from water, campsites, or trails, Cover and disguise the cathole when finished.

INVOICING

The majority of the work on the Task Orders will be for service type work. Partial and final invoices will be processed, net 30 days, for work complete and accepted by the Government by the COR. Invoices may only be submitted on work that is completed and based on actual measurement of performance completed (validated by schedules, progress reports, and COR / inspector site visits). A proper invoice must be submitted to the COR with the proper documentation attached and approval. The COR will then forward the invoice to the CO to be processed.

A proper invoice must include the contractor’s name, address and telephone number, the task order number and contractor’s tax identification number. Each invoice submitted must reflect a different invoice number. Any invoices that are received without the proper information and/or documentation will be rejected and returned to the Contractor to be corrected and re-submitted. A sample invoice is provided in Attachment 5. See Attachment 3, Section C1.8.

A Contract Release form shall be submitted with the final invoice for each Task Order. Sample Release Form is provided in Attachment 5.

NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly contact the Contracting Officer upon entering into any subcontract arrangement. Standard Form 1413, provided in Attachment 5, shall be completed and forwarded to the CO for each subcontractor utilized.

If the contractor or a subcontractor at any tier is utilized for a task order that contains construction work, the IDIQ contractor shall submit the subcontractor’s payroll reports and certifications, WH-347, provided in Attachment 5, on a weekly basis for all employees that worked on the construction item of work.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: a Manager or Superintendent that will be a primary point of contact for this contract.

(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.

SECTION I--CONTRACT CLAUSES

52.204-7 Central Contractor Registration. (FEB 2012)

52.211-18 Variation in Estimated Quantity. (APR 1984) If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (NOV 2012)

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

[Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

X (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] X (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

X (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

X (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

X (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies…