AG-82X9-S-11-0064.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

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STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

AG-82X9-S-11-0064 Page 2 AG-82X9-S-11-0064

Contractual Questions: David H. Johnson – 307-578-5148

Technical Questions: Tim Elder – 307-578-5231

Site Location: Throughout the North Zone of the Shoshone NF, WY

Site Visit: None

Pre-Bid Meeting: 10:00 am, Tuesday, May 3, 2011, Wapiti Ranger District Conference Room, 203A Yellowstone, Avenue, Cody, WY 82414

Has ORCA been completed? Y N If no, complete Section K, Reps & Certs

Are you CCR registered? Y N If no, complete CCR registration prior to submission.

Socio-Economic Status ( must complete ) 8(a) = SBA 8(a) Program, HubZone = Geographic Historically Underutilized Business Zone, SDVOB = Service Disabled Veteran Owned Business, WOSB = Woman Owned Small Business ( only for certain NAICS)

8(a ) Y N HubZone Y N SDVOB Y N

WOSB Y N

Fax proposals are NOT acceptable. Sign and fill in and return the following, Standard Form 1449, Pages 1-3, Pricing Sheet Section B/Schedule of items; Section K Representations and Certifications if not ORCA registered; Required Technical Proposal and References; and Contractor's Certification of Safety Plan.

Technical Proposal and References: Shall be labeled with the project title and solicitation number - Technical Proposal and be limited to 30 double sided pages (60 sides) and shall be: un-punched, un-stapled, un-tabbed and shall be clipped together with a banker’s clip or similar device. Failure to submit this information will render the offer as non-responsive. See Section L

Non Discrimination

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

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PART I

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

THIS IS A PERFORMANCE BASED SERVICE CONTRACT

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

During the period specified in FAR clause 52.216 18, ORDERING, the Government shall place orders totaling a minimum of three thousand dollars ($3,000.00), but not in excess of $ 500,000.

The total award for the life of the contract shall not exceed $500,000.

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PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Roads IDIQ Maintenance/Reconstruction, North Zone Shoshone National Forests SCHEDULE – BASE YEAR (Award Date – March 31, 2012)

202(01) Hazard Tree Removal AQ Each $___________

203(01) Removal of Existing Culverts AQ Each $___________

204(01) Load, Haul, and Place Material AQ CY/Mile $___________

204(02) Drainage Excavation, Type Drainage Dip AQ Each $___________

204(03) Drainage Excavation, Type Waterbar AQ Each $___________

204(04) Armored Stream Crossing Excavation AQ Each $___________

211(01) Road Obliteration, Method 1 AQ L.F. $___________

211(02) Road Obliteration, Method 2 AQ L.F. $___________

211(03) Road Obliteration, Method 3 AQ L.F. $___________

251(01) Machine Placed Riprap Class 4 AQ C.Y. $___________ Government furnished

251(02) Boulder Placement AQ Each $___________

301(01)A Aggregate base, compaction method A AQ C.Y. $___________ Government Furnished

301(01)B Aggregate base, grading WYDOT W, AQ C.Y. $___________ compaction method A

301(15) Type Pit Run, Maximum Particle size 4”, AQ C.Y. $___________ compaction method A (commercial source)

ITEM NO.

DESCRIPTION

Method of Measure

UNIT

UNIT PRICE

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602(01) Installation of 18-inch diameter corrugated AQ L.F. $___________ metal pipe, 0.064” thickness max. burial depth 5 feet below road surface.

602(02) Installation of 24-inch diameter corrugated AQ L.F. $___________ depth 5 feet below road surface.

633(01) Remove Sign (Include disposal of sign and AQ Each $___________ Post off government property)

633(02) Install or Replace Single Post Sign - AQ Each $___________ Government Furnished (sign only)

633(03) Install or Replace Double Post Sign - AQ Each $___________ Government Furnished (sign only)

650(01) Furnish and install Road Closure - AQ Each $___________ Device, Type 1, Size 14’

850(01) Road Maintenance Level 2 Roads AQ Mile $___________

860(01) Road Maintenance Level 3-4 Roads AQ Mile $___________

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SCHEDULE– OPTION YEAR 1 (April 01, 2012 – March 31, 2013)

204(01) Load, Haul, and Place Material AQ CY/Mile $___________

204(02) Drainage Excavation, Type Drainage Dip AQ Each $___________

204(03) Drainage Excavation, Type Waterbar AQ Each $___________

204(04) Armored Stream Crossing Excavation AQ Each $___________

211(01) Road Obliteration, Method 1 AQ L.F. $___________

211(02) Road Obliteration, Method 2 AQ L.F. $___________

211(03) Road Obliteration, Method 3 AQ L.F. $___________

251(01) Machine Placed Riprap Class 4 AQ C.Y. $___________ Government furnished

251(02) Boulder Placement AQ Each $___________

301(01)A Aggregate base, compaction method A AQ C.Y. $___________ Government- Furnished

301(01)B Aggregate base, grading WYDOT W, AQ C.Y. $___________ compaction method A

301(15) Type Pit Run, Maximum Particle size 4”, AQ C.Y. $___________ compaction method A (commercial source)

602(01) Installation of 18-inch diameter corrugated AQ L.F. $___________ metal pipe, 0.064” thickness max. burial depth 5 feet below road surface.

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633(01) Remove Sign (Include disposal of sign and AQ Each $___________ Post off government property)

633(02) Install or Replace Single Post Sign - AQ Each $___________ Government Furnished (sign only)

633(03) Install or Replace Double Post Sign - AQ Each $___________ Government Furnished (sign only)

650(01) Furnish and install Road Closure - AQ Each $___________

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SCHEDULE – OPTION YEAR 2 (April 01, 2013 – March 31, 2014)

204(01) Load, Haul, and Place Material AQ CY/Mile $___________

204(02) Drainage Excavation, Type Drainage Dip AQ Each $___________

204(03) Drainage Excavation, Type Waterbar AQ Each $___________

204(04) Armored Stream Crossing Excavation AQ Each $___________

211(01) Road Obliteration, Method 1 AQ L.F. $___________

211(02) Road Obliteration, Method 2 AQ L.F. $___________

211(03) Road Obliteration, Method 3 AQ L.F. $___________

251(01) Machine Placed Rip Rap Class 4 AQ C.Y. $___________ Government furnished

251(02) Boulder Placement AQ Each $___________

301(01)A Aggregate base, compaction method A AQ C.Y. $___________ Government Furnished

301(01)B Aggregate base, grading WYDOT W, AQ C.Y. $___________ compaction method A

301(15) Type Pit Run, Maximum Particle size 4”, AQ C.Y. $___________ compaction method A (commercial source)

602(01) Installation of 18-inch diameter corrugated AQ L.F. $___________

AG-82X9-S-11-0064 Page 9 AG-82X9-S-11-0064 depth 5 feet below road surface.

633(01) Remove Sign (Include disposal of sign and AQ Each $___________ Post off government property)

633(02) Install or Replace Single Post Sign - AQ Each $___________ Government Furnished (sign only)

633(03) Install or Replace Double Post Sign - AQ Each $___________ Government Furnished (sign only)

650(01) Furnish and install Road Closure - AQ Each $___________

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SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Contract

The Government intends to make multiple awards of Indefinite Delivery Indefinite Quantity Performance Based Service Contracts for road maintenance, road decommissioning, and construction and related services. Work may be performed at any location within the North Zone (Wapiti, Greybull, and Clarks Fork) of the Shoshone National Forest. Work includes maintenance, general road, bridge, and structure work.

• Road: Work includes maintenance, repair and reconstruction of native surface, gravel or paved roads; minor culvert installation, and road repair due to damage from human or natural causes, and construction of drainage dips.

• Road decommissioning: Work includes de-compaction, partial or full re-contour to restore the roadway to a hydrological stable condition; removal of drainage structures and associated fill to restore site to natural contour; work may include excavation of stream channels without drainage structures; and the construction of waterbars.

• Bridge: Work includes installation of riprap.

• Related work includes signs; closure devices such as gates.

• Campgrounds: maintaining roads in the project area to prevent rutting, maintaining road prism and drain structures, and road and spur improvements in campgrounds.

C- 2 Project Location

Each Task Order will identify a project specific location. Work may be performed at any location within the boundaries of North Zone of the Shoshone National Forest. The Shoshone National Forest Service is located in northwest Wyoming.

C- 3 Price Range and Contract Minimum/Maximums

The following outlines the estimated value of each contract award and the minimum guarantee for each contract award. These are separate and distinct measurements which are applied separately. The Price Range is the Government’s estimate of how much work may be ordered against each contract; while the minimum contract amount is a requirement for the Government to order at least the stated amount.

C- 3-1 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $3,000 but less than $30,000 per task order. Total award for the life of the contract shall not exceed of $500,000.

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General Notes:

1) Mobilization costs shall be negotiated when the task order is issued.

2) Pay Items 204(01) shall include loading, hauling, and initial placement of the specified material. Cost of the material shall be paid for under other pay items.

3) Pay Item 301(01)A involves final placement only. Any materials will be Government-furnished.

4) Pay Item 301(01)B involves Contractor furnished (includes cost of aggregate) and final placement of materials.

5) Pay Items 602(01) and 602(02) assume excavation achievable with a backhoe or track hoe.

Solid material requiring the use of hydraulic hammers or blasting will be covered separately.

Imported backfill material will also be covered separately, under Pay Item 301(01)B or other Pay Items, as determined by the CO.

6) Pay Items 850(01) and 860(01) covers all aspects of maintenance required by Special Project Specification 850 and 860, including drainage maintenance and vegetative clearing.

7) Temporary traffic control for all Pay Items shall be considered incidental.

C- 4 Pre-proposal Meetings

• May 3, 2011 at 10:00 am at the Wapiti District Office, 203 A Yellowstone Ave., Cody, Wyoming.

C- 5 Site Visit

If a formal site visit is planned before a Task Order is due, it will be noted in the request. This information will include the date, time, and meeting place for the site visit as well as any instruction regarding RSVP, types of vehicle that may be necessary for traversing the area, name and phone number of Government contact.

C- 6 Start Work and Period of Performance

The estimated start work date and completion schedule will be identified on each Task Order.

Unless otherwise agreed, this schedule will be the contract time for the Task Order.

The IDIQ Contract Periods will be:

Base = Award Date – 3/31/2012 Option 1 = 4/1/2012 – 3/31/2013

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Option 2 = 4/1/2013 – 3/31/2014

C- 7 Government-Furnished Property

Any property that will be furnished by the Government will be identified on the Task Order.

C- 8 Standard Specifications

"Standard Specifications for Construction of Roads & Bridges of Federal Highway Projects" (FP-03, U.S. Customary Units) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.

Copies of the "Standard Specifications for Construction of Roads & Bridges on Federal Highway Projects", (FP-03, U.S. Customary Unit), are available from the SUPERINTENDENT OF

DOCUMENTS, U.S. GOVERNMENT PRINTING OFFICE, P.O. BOX 371954,

PITTSBURGH, PA 15250-7954. The stock number to order is SN001-001-00660-2. Call (202) 512-1800 for the current price and to place telephone orders. You can FAX orders to (202) 512- 2250. Credit card orders will be accepted.

Electronic versions of the "Standard Specifications for Construction of Roads & Bridges on Federal Highway Projects" FP-03, U.S. Customary Unit, are available on the U.S.

DEPARTMENT OF TRANSPORTATION Federal Highways Administration website at http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

C.9 CONTRACTOR-FURNISHED PROPERTY AND SERVICES

C.9.1 CONTRACTOR FURNISHED ITEMS- Unless otherwise specified herein, the

Contractor shall provide all labor, supervision, transportation, materials, and equipment necessary to perform the work as described herein.

C.9.2 SECURITY OF MATERIALS- The Contractor may leave their equipment and Government-furnished property at the work site. The Contractor shall be responsible for the Contractor's equipment and Government-furnished property if it should be lost, stolen or damaged.

C.9.3 NOXIOUS WEEDS- Equipment cleaning requirements must be followed. (see section J)

C.9.4 SUPERVISOR(S)- A working (English literate) supervisor, who is knowledgeable and experienced in the required work and supervision, shall be provided for each crew and is required to stay with the crew while work is in progress.

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C.10 WORK PLAN AND SCHEDULE

C.10.1 WORK PLAN AND SCHEDULE - The Contractor shall provide a work plan and schedule for each task order issued that demonstrates how the work will be completed and in what time frame at the pre work meeting. No work shall start until the work plan and schedule is approved by the COR.

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SECTION D--PACKAGING AND MARKING

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

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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

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

E.1 INSPECTION OF SERVICES

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reworking, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed (3) Charge contractor for any cost incurred for a re-inspection of the service.

(e) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services to the appropriate standard and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

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(f) In the event that work is performed that is contrary to the requirements in the task order the Government is not liable for costs incurred by the contractor during negligent performance that is without the fault or negligence of the Government.

E.3 BASIS OF PAYMENT

(a) The period of Acceptance for completed work is 7 days. The COR will have 7 days to perform the inspection from the date in which the contractor submitted their written request. After the Contractor and the COR agree upon the quantities, the Contractor will then submit the progress payment to the CO for processing. Progress payments should not be submitted to the CO more that once per month.

E.3.1 METHOD OF MEASUREMENT

(a) As shown in the Schedule of Items and identified in the task order.

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SECTION F--DELIVERIES OR PERFORMANCE

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/

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

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

The effective period of this contract is from Award Date through March 31, 2014.

F.1 NOTICE TO PROCEED- After award of each task order, the CO will issue, to the

Contractor, a written notice to proceed. Issuance of the notice may be delayed for a reasonable time; at the discretion of the Government, if adverse soil, vegetative, or climate conditions exist. The Contractor shall begin work from the effective date of the Notice to Proceed and shall continue performance of the work under the contract without delay or interruption except for causes beyond his/her control as defined in the contract, or by the receipt of a "Suspend Work Order" issued by the Government.

F.1.1 START DATE- The Contractor shall perform no preliminary work prior to receipt of the written notice to proceed. Contract time starts on the effective date of the notice to proceed. Contractor must start work within 10 days of the Notice to Proceed.

F.2 TASK ORDERS- may be placed throughout the contract by the CO at the prices listed on the Schedule of Items. The task order will specify either a completion date or number of calendar days to complete all task items. The CO will consider contractor proximity to project, contractor status as a small business, contractor’s plan for providing employment and training opportunities to people in local rural communities, past performance and price, on this and previous contracts in determining placement of task orders. When past performance histories of awarded contractors are considered relatively close, price will be a major selection factor.

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F.3 POST AWARD - Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms, task order, and work performance requirements. At this meeting such things as work progress schedule, quality control plan, camping/worksite plan, and safety plan shall be finalized in writing. Once COR has approved the above mentioned documents, a notice to proceed may be issued.

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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 30 days after the date of contract award. The conference will be held at TBA.

Designated Billing Office

R2 AQM / Cody 808 Meadow Lane Cody, WY 82414

Only hard copy invoices will be accepted. No Faxes and No emails.

G.2.3 GOVERNMENT RESOURCES- The following definitions for government resources are applicable to this plan:

CONTRACTING OFFICER (CO)-

A person duly appointed with the authority to enter into, administer, or terminate contracts and make related determinations and findings on behalf of the government.

CONTRACTING OFFICER’S REPRESENTATIVE (COR)-

An individual designated in writing by the CO to act as his or her authorized representative to assist in administering a contract. The source and authority for a COR is the CO. COR limitations are contained in the written letter of designation.

PROJECT INSPECTORS (PI)-

An individual appointed by the COR to act as his or her authorized representative for the technical administration of specific task order(s) issued under the contract. The duties and limitations of the PI are contained in a written letter of designation and/or in the body of the issued task order.

G.2.4 RESPONSIBILITIES

CONTRACTING OFFICER

The CO ensures performance of all necessary actions for effective contracting and ensures compliance with the terms of the contract safeguarding the interest of the United States in the contractual relationship. It is the CO who assures that the Contractor receives impartial, fair, and equitable treatment under the contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

CONTRACTING OFFICER’S REPRESENTITIVE-

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The COR is responsible for technical administration of the project and assures proper government surveillance of the Contractor’s performance. The COR is not empowered to make any contractual commitments. Any changes that may affect contract price, terms, or conditions shall be referred to the CO for action.

PROJECT INSPECTORS-

The PI provides detailed technical oversight of the Contractor’s performance and reports his or her findings to the COR in a timely, complete, and impartial fashion to support the COR’s technical administration activities. While the PI may serve as a direct conduit to provide government guidance and feedback to the Contractor on technical matters, he/she is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Any changes that may affect contract price, terms, or conditions shall be referred to the CO for action.

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SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1.0 WORK HOURS- Work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day.

H.2.0 PROSECUTION OF THE WORK

H.2.1 CAPACITY- The capacity of the Contractor's plant, method of operation, and forces employed shall, at all times during the continuance of the contract, be subject to the approval of the Contracting Officer and shall be such as to assure the completion of the work within the specified period of time. To the extent stated in the specifications, the Contracting Officer shall have the right to select the sequence in which the individual work will be completed.

H.2.2 DEFICIENT WORK- If work is seriously or chronically deficient, the Contractor's right to proceed may be suspended until the performance problems can be resolved and work may resume. The contract time will continue to run during any such period of suspension.

H.3.0 ENVIRONMENTAL INTERRUPTION OF WORK

H.3.1 ENVIRONMENTAL- The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions or fire danger. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for short term environmental delays up to one day at a time. The count of contract time will therefore continue during work interruptions of one day or less, but the count of contract time will stop during work interruptions in excess of one day at a time. All periods of interruptions directed by the Government will be documented. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

H.3.2 ENDANGERED SPECIES- The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate, sensitive or state listed species, are discovered to be present in or adjacent to the project area. Actions taken under this paragraph shall be subject to the Suspension of Work clause.

H.4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL RESOURCES

If, in connection with operations under this contract, the Contractor(s), subcontractor(s), or any employee(s); discovers, encounters or becomes aware of any objects or sites of cultural value on the project area, such as; historical or pre-historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall

AG-82X9-S-11-0064 Page 22 AG-82X9-S-11-0064 immediately suspend all operations in the vicinity of the cultural value and shall immediately (within 48 hours) notify the COR in writing of the findings. No objects of cultural resource value may be removed. Operations may resume at the discovery site upon receipt of written instructions. Actions taken under this paragraph shall be subject to the Suspension of Work clause.

H.5.0 SUBCONTRACTS- If the Contractor desires to subcontract any work under the contract, he/she shall obtain the Contracting Officer's written consent. The request to subcontract shall contain the following information:

(a) Name of subcontractor

(b) Description and amount of supplies or services to be subcontracted. The

Contractor shall insert in any subcontracts all applicable clauses contained in the contract.

H.6.0 RESTORATION OF RESOURCES

H.6.1 CLEANUP - The Contractor is responsible for cleaning up all camp and worksites before leaving the area. Final payment may be withheld until the Contractor has complied with this requirement.

H.7.0 FIRE DANGER SEASON- If the CO allows the Contractor to continue work during periods of High Fire Danger, the Contractor shall comply with all applicable Federal and State laws relating to fire prevention and with all special conditions of work as directed by the CO. See Section J for additional fire restrictions.

H.8.0 UNDOCUMENTED WORKERS- This contract involves the employment of unskilled labor working under arduous field conditions. Such employment may be attractive to persons coming from foreign countries, sometimes illegally. Bidders are reminded that it is a crime to bring into the United States, transport within the United States, and to harbor aliens who do not have a proper visa for entry and working in this country (8 U.S.C. § 1323-1325). If violations are suspected by the COR during the performance of work on this (these) project(s) they will be reported to the U.S.

Immigration and Naturalization Service for investigation and appropriate action.

Conviction of the Contractor for commission of a criminal offense referred to herein will be deemed sufficient cause for default and the initiation of debarment or suspension proceedings to prevent the Contractor from receiving future Government contracts.

H.9.0 MIGRANT SEASONAL AGRICULTURAL WORKERS PROTECTION ACT

REGISTRATION

H.9.1 REGULATION- As set forth in Title 29, Part 500 of the Code of Federal Regulations, Migrant and Seasonal Agricultural Worker Protection, the Contractor shall maintain all necessary U.S. Department of Labor registrations during the performance period

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H.10.0 IMPROPER DISPOSAL OF GOVERNMENT-FURNISHED MATERIAL

H.10.1 IMPROPER DISPOSAL- includes, but is not limited to, the wrongful ditching, hiding or burying of Government-furnished material (GFM). The Government may, by issuance of a written order, suspend the Contractor's right to proceed for improper disposal of GFM. The Contractor may be required to remove from the contract site any individuals involved in the improper disposal of GFM.

H.10.2 LIABILITY- The Contractor will be charged for the actual costs of the improperly disposed GFM. The costs will be based on the current market value and any associated costs.

H.11.0 KEY PERSONNEL- The personnel specified in the Contractor's offer are considered to be essential to the work being performed. Prior to diverting any of the specified individuals from this program, the Contractor shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Contractor without the written consent of the Contracting Officer.

H.13.0 ORDERING

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the CO. Such orders may be issued from date of award through the end of contract.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

H.14.0 LIABILITY INSURANCE

(a) The contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$300,000 each person $300,000 each occurrence $300,000 property damage

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(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contacting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

H.15.0 CAMPING - With approval by the Wapiti Ranger District, National Forest System lands may be used by the Contractor. Conflicts with general public should always be avoided.

H.16.0 FOOD STORAGE ORDER- For the purpose of minimizing adverse interactions between bears and humans special food storage orders apply to Shoshone National Forest (see Section J).

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) 52.215-2 Audit and Records -- Negotiation (JUN 1999) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.217-2 Cancellation Under Multiyear Contracts (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. ( DEC

2010)

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52.222-41 Service Contract Act of 1965, as Amended (JUL 2005) 52.222-43 Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple

Year and Option Contracts) (NOV 2006) 52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002) 52.222-54 Employment Eligibility Verification (SEPT 2009) 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) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-1 Payments (APR 84) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-11 Extras (APR 1984) 52.232-17 Interest (OCT 2008) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT

2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-13 Accident Prevention Alternate I (NOV 1991) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007) 52.246-25 Limitation of Liability—Services (FEB 1997) 52.248-1 Value Engineering (FEB 2000) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

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FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of Award through March 31, 2014

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $30,000

(2) Any order for a combination of items in excess of $90,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 Indefinite Quantity (OCT 1995)

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(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 October 2014

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days.

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years and 6 months

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FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)

Funds are not presently available for performance under this contract beyond September 30, 2011. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond30 September 2011, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

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)

52.204-7 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

AG-82X9-S-11-0064 Page 30 AG-82X9-S-11-0064 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.

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(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…