AG-82B1-S-10-0168.doc

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RECOVERY** Snowmobile Trail Brushing, LoLo National Forest
Solicitation number
AG-82B1-S-10-0168
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SERVICE RFQ

SOL #: AG-82B1-S-10-0168

LoLo National Forest, Seeley Lake Ranger District

Snowmobile Trail Brushing

REQUEST FOR QUOTATION

PAGE OF PAGES

(THIS IS NOT AN ORDER)
THIS RFQ
FORMCHECKBOX
IS
FORMCHECKBOX
IS NOT A SMALL BUSINESS SET- ASIDE
1
43
1. REQUEST NO.
2. DATE ISSUED
3. REQUISITION/PURCHASE REQUEST NO.
4. CERT. FOR NAT.DEF.
RATING
AG-82B1-S-10-0168
2/5/10
359134
UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY
6. DELIVER BY (Date)

EROC Intermountain Team 740 Simms Street

Golden, CO 80401

5b. FOR INFORMATION CALL (NO COLLECT CALLS)
7. DELIVERY
FORMCHECKBOX

FOB DESTINATION

NAME
TELEPHONE NUMBER
FORMCHECKBOX

OTHER (See Schedule)

AREA CODE
NUMBER
9. DESTINATION
Sandra Aiken
208
983-4015
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
March 3, 2010 @ 4:00 P.M. Pacific Time
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)
ARRA RECOVERY – Snowmobile Trail Brushing and Clearing
LoLo National Forest
YOU MAY SUBMIT YOUR QUOTE TO THE ADDRESS IN BLOCK 5A OR BY FAX TO: 208-983-4098
Your Quote must include:
SF 18, Schedule of Items, and a Technical Proposal (Section M). You shall be Registered in CCR (Section I) and in ORCA (Section K).
DUNS # ___________________________
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
FORMCHECKBOX
are
FORMCHECKBOX

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)

PART I—THE SCHEDULE

SECTION B -- SERVICES AND PRICES

SNOWMOBILE TRAIL BRUSHING

(Snowmobile Trails are on existing driveable Forest Service Roads)

Seeley Lake Ranger District

Lolo National Forest Missoula, County, Montana

Schedule of Items Item No.1 - Brushing of Snowmobile trail/Roadside Right-of-Way on the Seeley Lake Ranger District

Sub-Item No.
Description
Pay Unit
Estimated Quantity
Unit Price
Amount
1.1
Trailside Brushing
Mile
77.5
$___________
$___________
1.2
Equipment Rental (Brushing Tractor)
Hour
15
$___________
$___________
1.3
Equipment Washing (As directed)
Each
1
$___________
$___________
TOTAL QUOTE
$___________

B-2 – Basis of Award

The Government will make one award for the contract resulting from this solicitation to the responsible offeror whose offer is the lowest evaluated price or proposals meeting or exceeding the acceptability standards for the non-cost factor.

Award may be made without further negotiations. Proposals should be submitted initially on the most favorable terms, from a price and technical standpoint, which the offeror can submit to the Government.

SECTION C -- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

This work is being solicited as a performance-based service contract. Performance based means the Contractor is responsible for an end product.

Scope of Contract

The performance-based services covered in this contract are for the furnishing of all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform snowmobile trail/roadside brushing and clearing on roads specified herein, in compliance with the terms, specifications, conditions, and provisions of this solicitation.

Location and Description

The machine snowmobile trail/roadside clearing and brushing to be accomplished under this contract are located on the Seeley Lake Ranger District, Lolo National Forest. The locations of the trails/roads are shown on the attached maps. The trails/roads will be staked using painted wood laths with the trail/road and section number printed on them. Stakes will be placed at the beginning and end of each trail/road segment.

Additional information such as maps, worklists, and clearing limits concerning the trails/roads to be brushed is shown in the Exhibits of this solicitation, located either incorporated in Section H or Section J as attachments. Further information can be obtained from Steve Thompson at the Seeley Lake Ranger District, Seeley Lake, MT. (406) 677-3932.

Site Visit

No site visit is planned for this project. For further information, please contact Steve Thompson at the Seeley Lake Ranger District, Seeley Lake, MT. (406) 677-3932.

Motorized Equipment

(a) Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated trails/roads in the project area without approval of the Contracting Officer.

(b) Moving of support equipment and personnel shall be at the Contractor's expense. Transportation of the brush cutter between projects shall be at the Contractor's expense for all sub-items being paid for by the mile. When working on an hourly basis, the Contractor shall be responsible for transporting the brush cutter and will be paid the hourly rate bid in the Schedule of Items to cover transportation costs.

Rental Equipment Brushing Tractor.

An hour consists of 60 minutes of actual operation of equipment on authorized Government work. Moving of equipment under its own power, when so ordered by the Forest Service (except move in/move out) will constitute authorized work. Nonproductive time such as, but not restricted to operating supplies or qualified operator, service time, time lost by reason of breakdown or being stuck, or loading time of specified accessories shall not constitute “actual operation”.

The Contractor shall maintain a daily record for the brushing tractor. This daily record shall be documented on a shift ticket. The operator performing the work shall sign the shift ticket and give a copy to the COR or inspector each day.

The Government reserves the right to reduce or eliminate entirely the work under this item with no adjustment in contract unit price.

Existing Facilities

In addition to the requirements of the Use of Premises Clause of this contract, all existing facilities such as signs, cattleguards, culverts, riprap protecting culvert inverts or fill slopes, and drainage structures damaged by the Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government.

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/

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)

SECTION F -- DELIVERIES OR PERFORMANCE

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

52.242-14 Suspension of Work (APR 1984) FAR 52.211-10 Commencement, Prosecution and Completion of Work (APR 1984) Alternate 1 (APR 1984) The contractor shall be required to (a) commence work in accordance with the accepted workplan (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 15, 2010. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the contract will be awarded by May 1, 2010. If award is made after this date, the completion date will be extended by the equivalent number of days, except to the extent that the delay in commencing work results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified.

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

FIRE CONTROL

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with a 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site when all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. NOT USED

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Submit a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

Pollution and Erosion Control

(a) The Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor's operations, including camps, parking areas, and equipment maintenance areas, shall be collected and disposed of in a sanitary and nuisance-free manner. Refuse shall be disposed of in State-approved dumps or as approved by the Contracting Officer.

(b) The Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution.

Washing of Equipment

In an attempt to stop the spread of weeds, this work will require the Contractor to wash their equipment when specified by the Contracting Officer or designated representative. The equipment shall be washed with a pressure washer that is capable of producing enough water force to thoroughly remove all organic, mineral debris, and including excess grease from the machine. Before the equipment is moved to the jobsite, it shall be inspected and approved by the Contracting Officer or designated representative.

Signing and Public Safety

The Contractor shall exercise due caution and care when operating to prevent conflict with public users of the roadways.

A reflective "Slow Moving" vehicle emblem shall be attached to mowing equipment.

The Contractor shall post warning signs with 12-inch by 12-inch flags on both ends of the section being worked to warn the road users of the work in progress. Signs shall be of size, number, and colors as required in Section 6B of the current edition of the "2001 Manual on Uniform Traffic Control Devices". Each sign shall have at least two flags. Signs shall be moved, as needed, so that a sign does not precede machinery by more than one (1) mile.

Loss, Damage, or Destruction

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

(b) All claims arising under this clause will be submitted to the Contracting Officer.

Landscape Preservation

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

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.). Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

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

End Product Description

Before and after finish brushing the roadway:

· Shall be cut to the vertical and horizontal dimension shown on the Typical Clearing Detail.

· Shall have all material cut of the proper diameter size requirement.

· Shall have material cut to the proper height requirement.

· Slash shall be scattered outside the Clearing Limits.

· Material shall not be scattered into the stream or waterways.

· Shall not have concentration of slash over 18 inches above the ground.

· Shall have Traffic Control signing in place as stated in Quality Assurance Plan.

· Signing shall meet the requirements of the Manual of Uniform Traffic Control Devices.

· Shall have no damage to existing facilities.

It is industry practice to use machine-mounted (rotary or flail type mowers) brush cutters and hand labor to do this work. Sub-Items requiring hand brushing will be accomplished by use of chainsaws, pruners, loppers, etc. and all material to be removed will be cleanly severed.

(a) Description. Clearing and brushing shall consist of cutting and specified disposal of all vegetative material including, but not limited to, limbs, residual slash and brush, live roadside brush, and small trees which are within the designated clearing limits on both sides of roadway. The clearing limits shall be as shown in the Typical Clearing Details, Exhibit A.

Contractor’s Quality Control Plan

Contractor shall provide a Quality Control Plan that outlines a progress schedule and addresses all major points contained in the Quality Assurance Plan.

Quality Assurance Plan

See attached plan for full understanding of all tasks required and acceptable quality levels.

QUALITY ASSURANCE PLAN

Contractor Performance Checklist

Snowmobile trail/Road Brushing (Seeley Lake)

Tasks and Critical Subtasks
Quality Standards
Acceptable Quality Level
Method of Inspection
Penalties
Incentives

Clearing and Brushing

· Brush trail/road using the horizontal and vertical dimension shown on the Typical Drawing in the Exhibits.

· This includes all turnouts and additional lane width.

· All trees and brush 6 inches or less shall be cut and completely severed with no stumps higher than 9 inches above the ground or any obstruction such as rocks.

· Tree diameter shall be measured 12 inches above the ground.

· Trees and brush protruding into the Clearing Limits shall be trimmed as near to flush as practicable.

· Windfalls shall be cut where they enter the Clearing Limit.

· Accepted industry quality workmanship.

· The quality standards shall be met consistently.

· Visual verification.

· Random samples.

· Contractor may be required to rework, at their expense, the unacceptable section.

· Government may withhold compensation for that section.

· Contractor may receive poor performance rating.

· Contractor would receive a superior performance rating.

Tasks and Critical Subtasks
Quality Standards
Acceptable Quality Level
Method of Inspection
Penalties
Incentives

Slash Disposal

· Slash shall be scattered outside the Clearing Limit without damaging trees.

· Slash shall be defined as any cut material, with the exception of windfalls.

· Trees 2 inches and larger in diameter shall be lopped and scattered.

· A length greater than 36 inches with a diameter less than 2 inches.

· A length greater than 24 inches with a diameter greater than 2 inches.

· No material shall be deposited in stream, drainage ways, and CMP inlets.

· The depth shall not be greater than 18 inches above the ground.

· All cut material shall be disposed of outside the Clearing Limits.

· Accepted industry quality workmanship.

· The quality standards shall be met consistently.

· Visual verification.

· Random samples.

· Will inspect completed sections of road within 2 working days following Contractor’s notification of completed work.

· Contractor may be required to rework, at their expense, the unacceptable portions of work.

· Contractor may receive poor performance rating.

· Contract may be terminated with repeated deficiencies.

· Contractor would receive a superior performance rating.

Tasks and Critical Subtasks
Quality Standards
Acceptable Quality Level
Method of Inspection
Penalties
Incentives

Traffic Control

· The Contractor shall exercise caution when operating, to prevent undue conflicts with public user of the roads.
· A “slow moving” emblem shall be attached to brush equipment.

· Work site shall be posted with warning signs.

· Shall meet the requirements of 2001 Manual of Uniform Traffic Control Devices.

· Each sign shall have two 12”x12” flags on both ends of section being worked.

· Signs shall be moved as needed and shall not precede the machinery by more than 1 mile.

· Accepted industry quality workmanship.

· Insuring for public safety.

· Visual verification if signs are in place and moved with the equipment.

· Random sample.

· Stop Work Order may be issued until signing is correct for operation.

· Contractor may receive poor performance rating.

· Contract may be terminated with repeated deficiencies.

· Contractor would receive a superior performance rating.

Tasks and Critical Subtasks
Quality Standards
Acceptable Quality Level
Method of Inspection
Penalties
Incentives

Existing Facilities

· Existing facilities such as signs, cattleguards, culverts, riprap, protecting culverts, etc.
· No damage.
· No damage.
· Visual verification.

· Random samples.

· Contractor may receive poor performance rating.

· Contract may be terminated with repeated deficiencies.

· Repair damage at Contractor’s expense.

· Contractor would receive a superior performance rating.

PART II -- CONTRACT CLAUSES

SECTION I -- CONTRACT CLAUSES

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

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) (Applicable if contract exceeds $30,000) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.222-3 Convict Labor (JUN 2003)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000)

52.222-41 Service Contract Act of 1965, as Amended (JUL 2005)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.232-1 Payments (APR 84)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-11 Extras (APR 1984)

52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007) 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)

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009--Use the clause at 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 in all solicitations and contracts funded in whole or in part with Recovery Act funds.

Whistleblower Protections Under The American Recovery And Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause) 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

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

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

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

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

(b)

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

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

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

(1) An offeror may obtain a DUNS number—

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

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

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

(i) Company legal business name.

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

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

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

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

(g)

(1)

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

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

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

52.204-11 American Recovery and Reinvestment Act—Reporting Requirements. Insert the clause at 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements in all solicitations and contracts funded in whole or in part with Recovery Act funds, except classified solicitations and contracts. This includes, but is not limited to, Government wide Acquisition Contracts (GWACs), multi-agency contracts (MACs), Federal Supply Schedule (FSS) contracts, or agency indefinite-delivery/indefinite-quantity (ID/IQ) contracts that will be funded with Recovery Act funds. Contracting officers shall ensure that this clause is included in any existing contract or order that will be funded with Recovery Act funds. Contracting officers may not use Recovery Act funds on existing contracts and orders if the clause at 52.204-11 is not incorporated.

American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a) Definitions. As used in this clause—

“Contract”, as defined in FAR 2.101, means 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 or task letters 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. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

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

(1) Salary and bonus.

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

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

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

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

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(End of clause) FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, 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

Forestry Aid, GS-2/3/4

$9.59/$10.46/$11.75

52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials. Insert the clause at 52.225-21, Required Use of American Iron, Steel, and Manufactured Goods-Buy American Act—Construction Materials, in solicitations and contracts for construction that is performed in the United States valued at less than $7,443,000. (1) List in paragraph (b)(2) of the clause all foreign construction material excepted from the requirements of the Buy American Act.

Required Use of American Iron, Steel, and Manufactured Goods-Buy American Act-Construction Materials (Mar 2009)

(a) Definitions. As used in this clause—

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States.

“Foreign construction material” means a construction material other than a domestic construction material.

“Manufactured construction material” means any construction material that is not unmanufactured construction material.

“Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“Unmanufactured construction material” means raw material brought to the construction site for incorporation into the building or work that has not been—

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

(b) Domestic preference.

(1) This clause implements—

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the…

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