1240BH22R0005_SolicitationPacket.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

1240BH22R0005

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

02/11/2022

PAGE OF PAGES

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

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

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SIUSLAW NATIONAL FOREST

3200 SW JEFFERSON WAY

CORVALLIS, OR 97331

Email or Fax Submission Only. ALL documents to be Emailed or Faxed to:

sm.fs.conwest@usda.gov or 866.230.8120.

Subject Line: ATTN: Janet Paul

9. FOR INFORMATION

CALL:

A. NAME

Janet Paul, Contracting Officer B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

541.750.7120

SOLICITATION

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

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

RFP 1240BH22R0005

R6 LIVESTOCK FENCE CONSTRUCTION IDIQ CONTRACT

Includes all National Forest lands in Oregon and Washington (USDA Forest Service, Pacific Northwest Region 6)

Price Range The Government's estimate is between $5,000,000 and $10,000,000 (SEE SECTION B)

THIS IS A SMALL BUSINESS SET-ASIDE PROJECT. OFFERS RECEIVED FROM

OTHER THAN SMALL BUSINESSES WILL BE REJECTED.

* Blocks 11, 12 & 13B: See elsewhere herein for detailed information.

11. The Contractor shall begin performance within * calendar days and complete it within * calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

* YES per Task Order NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and -0- copies to perform the work required are due at the place specified in Item 8 by 4:00 PM local time 03/14/2022 . If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.* per Task Order

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

Solicitation No: 1240BH22R0005 Project Name: R6 Livestock Fence Construction IDIQ

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

R6 LIVESTOCK FENCE CONSTRUCTION IDIQ

Indefinite Delivery Indefinite Quantity (IDIQ) Contract

This is an indefinite-delivery, indefinite-quantity contract with a period of performance of five

(5) years from the date of contract award. The areas of coverage are as follows, please identify the Zone(s) you would like to be considered for award by checking the applicable boxes (you may choose multiple Zones):

Check Box(s)

Zone

Areas of Coverage

See Region 6 National Forest Vicinity Map located in Section J (Attachment 1)

Zone 1 – Western Washington

Mt Baker-Snoqualmie, Gifford Pinchot and Olympic NF’s

Zone 2 – Eastern Washington

Colville and Okanogan-Wenatchee NF’s

Zone 3 – Western Oregon

Mt Hood, Siuslaw, Willamette, Umpqua, and Rogue River-Siskiyou NF’s, and the Columbia River Gorge National Scenic Area

Zone 4 – Central Oregon

Ochoco (and Crooked River National Grassland), Deschutes and Fremont-Winema NF’s

Zone 5 – Eastern Oregon

Malheur, Umatilla and Wallowa-Whitman NF’s

Note: Per FAR 52.204-7(b)(1), System for Award Management (SAM), an Offeror is required to be registered in SAM when submitting an offer, and shall continue to be registered until time of award, during performance, and through final payment for any contract resulting from this solicitation. Information on registration may be obtained via: https://www.sam.gov. All Offerors must complete the electronic version of the Representations and Certifications in the SAM system.

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS – Continued

PERFORMANCE PERIOD – Date of Award through five years.

Actual performance periods for completion of work included in Individual Project Task Orders may extend beyond 5 years. See Section F.

The actual value of each contract is based on the cumulative amounts of Individual Project Task Orders and any modifications to them.

B.1 SCHEDULE OF ITEMS:

As noted elsewhere in this solicitation, Individual Project Task Orders will be competed amongst the respective awardees. However, for Parent IDIQ evaluation purposes, please provide your estimated, average/typical, pricing per foot below.

Schedule of Items

Item Number

Description Estimated Quantity

(ft.)

Estimate Unit

Price ($)

Estimated Total

Amount ($)

Livestock, Range, Wildlife and/or

Riparian Fencing

Clearing the fence Right of Way (ROW) of trees and brush at 4 ft either side of the fence for a total of 8 ft.

See Section C.6.

1 foot

Remove and dispose of damaged or unusable existing fence material.

See Section C.6.

Provide all material needed to construct new fence. See Section C.6.

Construct new fence. See Section C.6.

Total:

Contractor DUNS Number___________________________________

Contractor EMAIL __________________________________________

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS – Continued

Fill-in the MAXIMUM Amounts (considering bonding capacity and financing capabilities) you can provide if a contract is awarded to you:

$________________Maximum Individual Project Size

$________________Maximum Aggregate Amount of Task Orders being performed simultaneously

BASIS OF AWARD:

The Government anticipates awarding up to fifteen (15) contracts as a result of this solicitation. Actual number of awards may be more or less, depending on offers received.

Awards will be made on the best value for the Government. Offerors must respond to the other factors as described in Sections L and M.

Proposals that fail to provide a complete response to the Evaluation Criteria (Section M) may be rejected and not be considered further.

ISSUANCE OF TASK ORDERS:

All work will be ordered by Fixed price TASK ORDERS (TO) and subject to Fair Opportunity.

Concurrent Task Orders may be issued. Orders may be issued orally and followed up in writing, by facsimile or by electronic commerce methods.

Any Forest Service warranted Contracting Officer, within the limits of their warrant, may award and administer a task order for work covered by this contract.

Estimated start work dates and performance times will be identified on each Task Order. Task Orders may be issued continuously with no time discounted for normal weather conditions or fire restrictions.

Refer to FAR Clauses: 52.216-18 Ordering (I.2); 52.216-19 Order Limitations (I.3), and 52.216-22 Indefinite Quantity (I.4).

B-2 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (AGAR 452.216-73)

(FEB 1988)

During the period specified in FAR clause 52.216-18 Ordering (I.2), the Government shall place orders totaling a minimum of $1,000.00 for each awarded contract over the life of the contract, but not in excess of $7,000,000.00 aggregate for all awarded contracts.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This contract covers construction and/or reconstruction of Livestock Fencing across USDA Forest Service, Pacific Northwest Region 6, Oregon and Washington. Individual projects may include construction and/or reconstruction of livestock, range, wildlife, riparian and/or recreation fences (see Section J, Attachment 6, “Sample photos for reference purposes only”). Related work may include, but not limited to, the following:

Construction of 3 or 4 strand barbed wire fence Other type of wildlife or riparian fence construction Removal/Disposal of damaged or unusable fence Clearing of fence-line Right of Way (ROW) Providing new fencing materials

Fences will be built to Forest Service specifications (see Section J, Attachments 2 – 4). The contractor will be responsible for transporting all the necessary material to the project site. The contractor will be responsible for disposing of all leftover pieces of metal, flagging, other construction debris and associated garbage.

In the event coordination with private landowners is necessary to access project locations, it will be identified per individual task order.

This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract, allowing specific projects to be added via Individual Project Task Orders as they are developed.

Individual Projects will be packaged with the project-specific details that supplement the standard specifications and terms of the basic contract. These Individual Project requirements will include detailed payment items, special or supplemental project specifications, drawings, specialized inspection terms, performance period requirements, government-furnished property, government-furnished facilities, or government-furnished services, special contract requirements, exhibits and other detailed requirements applicable to the specific Individual Project.

For each Individual Project a best-value analysis and source selection will be completed.

Project-specific pricing and project-specific technical proposals will be requested as described herein. See Section G.

If a fair and reasonable price is negotiated through the Individual Project proposal process, an Individual Project Task Order will be prepared for that specific project. The actual contract value is based on the cumulative amounts of these Individual Project Task Orders and any subsequent modifications to them. If a fair and reasonable price is not reached through the Individual Project proposal process, that Individual Project will be withdrawn for acquisition separate from this contract. Pricing of Individual Projects will be firm-fixed price.

Applicable bonding requirements will be included with each Individual Project Task Order and will apply only to that specific Individual Project Task Order. There are no separate bonding requirements for the contract as a whole.

The Government reserves the right to determine whether any specific Individual Project is to be made available under this contract. Numerous projects that also use the standard specifications and terms covered under this contract may be acquired separately from this contract.

C.2 INDIVIDUAL PROJECT LOCATON

The areas to be covered by this contract include USDA Forest Service Region 6: Oregon and Washington.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

The magnitude of construction will be identified per Individual Project Task Order.

C.4 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS

(AGAR 452.211-73) (FEB 1988)

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

C.5 SPECIFICATIONS APPLICABLE TO INDIVIDUAL PROJECTS

The standard and any supplemental specifications that apply will be identified per Individual Project Task Orders.

C.6 TECHNICAL SPECIFICATIONS AND CONSTRUCTION REQUIREMENTS

C.6.1 EXISTING FENCE REMOVAL

The existing fence and associated materials shall be removed, where needed. All metal wire, staples, and metal T-post will be completely removed and hauled off-site by the contractor and disposed of in accordance with all local, state, and federal requirements. Any untreated wood posts or trees used as part of existing fence can be left on site to degrade naturally. Questions related to removal or leaving should be directed to the CO.

C.6.2 FENCE CORRIDOR CLEARING

The fence line corridor shall be cleared to an approximate width of 8 feet, measuring 4 feet on each side of fence centerline, and 8 feet above ground. All live woody vegetation greater than 24 inches in height is to be removed, except any live tree 8 inches or greater at diameter breast height (DBH) (4.5 feet above ground). Those trees stay. Stumps shall be cut no higher than 12 inches above the ground. Small diameter brush does not need to be cleared. Large diameter bushes containing stems greater than 1-inch basal diameter shall be cleared.

All dead down trees that are within the fence line corridor shall be dragged away from the fence line ROW. Down trees greater than 20 inches may be left on the outside of the center of the fence line.

All dead standing trees that are within 4 feet of the fence centerline (fence line corridor) shall be removed from the ROW. Stumps shall be cut no higher than 12 inches above the ground.

Slash created by clearing fence line will be scattered outside of the fence line corridor, and not in any ditch or roadway.

Limited additional clearing may also be necessary as the fence is constructed to meet clearing specifications, as approved by the CO.

C.6.3 FENCE CONSTRUCTION

The following fence building specifications (see Section J) will be incorporated in all Individual Project Task Orders:

1. A Landowner’s Guide to Wildlife Friendly Fence Design from the Montana Fish, Wildlife and Parks (Attachment 2)

2. USDA/USDI 1999 Interagency Fences document (Attachment 3)

3. All Metal Fence Specifications (Attachment 4)

Additional unit specific specifications may also be added per Task Order.

The following covers only items not discussed in one of the attached documents. Fence Material Specifications are as follows:

Barbed wire, 2-point, 12.5 gauge, galvanized, 4" or 5" spacing Barbless wire, 12.5 gauge, galvanized T-Post, 5.5", studded, Medium or Heavy weight (1.25 or 1.33) Oil Field Stem Pipe, 2 3/8”, 2 7/8”, or 3”

C.6.4 POSTS

T-post spacing identified in Section J may be slightly closer to keep the bottom wire at an acceptable height above the ground line. Live trees or line jacks may be used in lieu of steel posts. If live trees are used, they must be located within two feet of the established line (a fence line offset brace must be used to maintain the stretch line), be a minimum of 8" DBH and must have a nailer ("scab") (see photos in Section J). Steel posts shall be driven into the ground, past the top of the flange plate. It is acceptable to pre-drill post holes in rocky ground to permit the use of posts in these conditions. If this method is used, the flange may be knocked off prior to pounding; however, the post must be secure in the hole with no wobbling. Steel posts shall be relieved of upward pull of wires by use of deadman rock anchors and tie-downs. Tie downs can be secured using a large rock or a T-post driven at a 45-degree angle parallel to the fence (no more than 18 inches of post can remain out of the ground.)

C.6.5 GATES

The locations of the gates will be flagged by the Forest Service and/or permittee. Gates shall be 14 feet wide and constructed with 4 strands of barbed wire. The bottom wire on the gate will be at 16 inches above ground with the next two spaced 8 inches apart and the top wire spaced at 10 inches. Ends of the gate shall be attached to trees, rock jacks, rock cribs or H-braces.

C.6.6 WIRE STRETCHING

Wire will be tightened adequately to set the wire twists and remove factory kinks. It is, however, important to refrain from stretching the wire excessively. Excessive tension will weaken the barbed wire by removing the capacity for it to stretch. Location of stretch points will be determined by topography and the availability of tie-trees.

C.6.7 SPLICING

Splices in the wire shall be made by wrapping the ends of the wire back around the wire three times, thereby forming an eye at the end of the wire. The other wire end is then placed through the eye and wrapped back around itself at least three times. All wraps shall lie directly adjacent to each other, thus forming neat, tight wraps.

C.6.8 ROCK JACKS/LINE JACKS

Rock jacks or line jacks will be placed at the top and bottom of all abrupt breaks in slopes. Rock Jacks will also be used to anchor both sides of gates, stream crossings and fence end points.

Tree-ties or H-braces may be substituted for rock jacks.

C.6.9 TREES

Solid live trees over 8 inches DBH may be used in place of posts, provided they are located not over 2 feet out of line. Tree branches shall be removed completely around the fence, to a height of 8 feet. A scab shall be securely nailed, with 6" helix nails to the tree at three points: top, center, and bottom.

C.6.10 STAPLING

Staples shall be driven at a slant to the grain of the wood to prevent the wood from splitting and will not be driven so deep as to nick the galvanizing on the wire. Staples should be driven to allow movement of the wire between the wire and post/tree scab to prevent the wire from pulling into the scab.

C.6.11 WATER GAPS/STREAM CROSSINGS

Stream crossings shall be constructed to allow the flow of high water and provide a barrier for livestock.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E-2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project location.

E-3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Supplemental Specifications.

Inspection for acceptance of work will be accomplished by visual inspection and will be based on adherence to the specifications. In the event visual inspection finds less than satisfactory work is being performed, re-work will be required at no additional cost to the Government.

Areas not adhering to specifications will be flagged, identified to the contractor, and documented in the daily diary.

E-4 DETERMINATION OF ACCEPTABLE WORK

Inspection as stated above shall be performed by the Forest Service for evaluation of contract specification compliance. The Contractor will be notified in writing the fence items not meeting contract specifications. Portions of fence which do not meet contract specification will be reconstructed by the Contractor and the identified items will be brought up to the required standard before the fence will be considered acceptable.

E.5 UNACCEPTABLE WORK

If any portion of the project is found to be unacceptable, the Contractor shall reconstruct the unacceptable portion to comply with the specifications. Upon completion of the reconstructed portion of the project, the Forest Service will re-inspect to determine compliance. If more than two inspections are needed for repeated deficiencies, the Contractor may be charged inspector’s time and vehicle use.

E.6 RE-INSPECTION UPON CONTRACTOR REQUEST

If the original inspection results are not acceptable to the Contractor, a re-inspection may be requested in writing up to 7 days after being notified of the unacceptable work. The original inspection will be re-examined. If the re-inspection confirms the original inspection as not meeting standards, the Contractor shall reimburse the Government the actual costs incurred in making the re-inspection. If the inspection indicates that work meets acceptable standards, the Government assumes the cost of re-inspection and payment will be made for the fence.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)

F-2 AGAR 452.211-75 EFFECTIVE PERIOD OF CONTRACT (FEB 1988)

The effective period of this contract is from date of award through five (5) years.

Task Orders issued prior to the end of the current Ordering Period may provide for work under those Task Orders to be completed at a later date. In order to allow reasonable time for actual construction work, specific project performance periods may extend beyond the Ordering Period by 12 months or longer.

Performance time for all Task Orders will run concurrently within the contract period unless an exception is established by mutual agreement.

Individual Project Task Orders may require much shorter completion periods. The dates shown above are for the purpose of providing a “latest date” limitation under the contract.

F-3 SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S

CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of:

(1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or

(2) Failure of the Contractor to comply with specifications such as but not limited to performing work prior to prerequisite approvals, operating equipment not meeting fire requirements or when conditions exist which do not meet safety requirements.

Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

F-4 INDIVIDUAL PROJECT TASK ORDER PERFORMANCE PERIOD

REQUIREMENTS

The following clause (F-5: FAR 52.211-10) shall apply to each Individual Project Task Order. A specific completion date and Notice to Proceed date will be included within the Individual Project Task Order. The specific days/dates included under an Individual Project Task Order will vary considerably. The allowed performance completion period for an Individual Project Task Order will be dependent upon factors such as project size, complexity, available work periods limitations, and date of issuance.

F-5 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK (APR 1984) ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than ____________.

[For each Individual Project Task Order the Contracting Officer will specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.] The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by_______________[For each Individual Project Task Order the Contracting Officer will provide an assumed effective date for notice to proceed]. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 PROCESS FOR REQUESTING INDIVIDUAL PROJECT PROPOSALS AND

AWARDING TASK ORDERS

a. After award of the Request for Proposals the Individual Project proposals and awards shall follow the process established in this section. It is the Government’s intent to provide each contract Awardee with a fair opportunity to be considered for each Individual Project. “Awardees” refers to the Contractors receiving awarded contracts under the basic Request for Proposals. A Contract Specialist from the Issuing Office will be assigned the responsibility for preparation of the Individual Project package.

Whenever practicable all Awardees shall be provided Individual Project proposal requests, unless compelling reasons dictate otherwise.

b. Individual Project Proposal Packaging. As they are developed Individual Projects will be packaged with all necessary detailed requirements that supplement the basic contract. Supplemental information will be formatted to correlate with the basic contract format. Each Individual Project will include the following:

TASK ORDER form with:

o ISSUING OFFICE shown o PROJECT Section completed including a response time/date o OFFER Section for completion by Offeror o AWARD Section for later execution by ISSUING OFFICE if awarded

Section B Bid Schedule with detailed Payment Items, Option Items, quantities and units. Unit prices and amounts for Offeror pricing.

Section C Statement of Work – Project Scope, Project Location, Applicable Standard Specifications.

Section E Inspection Requirements, if needed.

Section F Performance Time – Completion Date/Days and Notice to Proceed Date.

Section G Government Furnished Property/Facilities/Services and any additional Administrative Information.

Section H Special Contract Requirements – Supplements to the basic contract clauses.

This will include any use and operational period limitations, additional submittal requirements and other details.

Section I Contract Clauses – added regulatory clauses such as Option clauses.

Section J Attachments o Specification List, Special Project or Supplemental Specifications o Current Wage Decision that will apply o Questionnaire for Technical Proposal, if needed o Other Exhibits or Attachments

Section L Instructions for Offer submission.

Section M Evaluation Factors for Source Selection relating to factors other than price.

c. Individual Project Proposal Requests. Individual Project packages will be provided with a specified response date and time. Awardees shall submit their questions related to the project to the assigned Contract Specialist. Submission of written questions may be required. If necessary, a written Amendment to the project package will be issued with an adjusted response date where appropriate. Individual Project Proposal Requests may require only a price proposal or may also require submission of a technical proposal that is specific to the project.

d. Individual Project Proposal Submission. Proposals shall be submitted to the issuing office by the specified response date. Proposal submissions shall include:

Completed and signed “OFFER” section on the TASK ORDER form Completed Section B Bid Guarantee (20%) if the total offer amount exceeds $150,000.00 Technical Proposal, if required

Offers are considered firm for 30 calendar days after the response date.

e. Source Selection for Award of Individual Projects. Source selection may be based on price alone or may be based on the best overall value to the Government, price and other factors considered. The factors will be expressed in the Individual Project Proposal Request package. These factors may include one or more of the following:

Technical Capabilities relating to the specific project [including elements such as Project Sequencing, Scheduling, Resource Availability, Technical Experience]

Past Performance History

Other factors

f. Award of Individual Projects. A written award emailed or otherwise provided to an Offeror shall result in a binding Individual Project Task Order.

g. No Award of Individual Project Offerings. In the event a fair and reasonable price is not reached, the project will be formally withdrawn for acquisition separate from this contract.

h. Bonding of Individual Projects. Bonding requirements apply separately to each

Individual Project Task Order as follows:

Individual Project Task Order Value Related Bonding Requirement(s) Individual Project Task Order amounts $35,000.00 or less

No bid guarantee is required No bonding is required

Individual Project Task Order amounts between $35,000.01 and $150,000.00.

Refer to FAR 52.228-13 (included in full text in Section I)

No bid guarantee is required

Alternate Payment Protection is required: 100% Payment Bond

Individual Project Task Order amounts greater than $150,000.00.

Refer to FAR 52.228-1 (included in full text in Section I).

Refer to FAR 52.228-15 (incorporated by reference in Section I).

20% bid guarantee is required

100% Payment Bond is required and 100% Performance Bond is required

G-2 INDIVIDUAL PROJECT TASK ORDERS

Services to be provided hereunder will be ordered by issuance of a written Individual Project Task Order. Each Individual Project Task Order will refer to this contract and will be subject to all the terms and conditions herein. Each Individual Project Task Order will contain the following information.

Individual Project Task Order Number Date of Order Accepted Items Award Amount Itemized Payment Items, Quantities and Prices Individual Project Details to supplement the basic contract

Individual Project Task Orders will be firm-fixed price. The contract minimum amount is offset by the value of awarded Individual Project Task Orders. Any Forest Service warranted Contracting Officer, within the limits of their warrant, may award and administer a task order for work covered by this contract.

G-3 ADMINISTRATION OF INDIVIDUAL PROJECT TASK ORDERS

Wherever the term “contract” is used herein it shall be construed to apply equally to Individual Project Task Orders placed under the contract, as if each Individual Project Task Order was a separate contract.

For example, the clause FAR 52.232-5, Payments Under Fixed Price Construction Contracts requires the final payment to be dependent upon (1) completion and acceptance of all work, (2) a properly executed voucher, and (3) a release of claims. All three of these final payment conditions shall apply to each Individual Project Task Order.

As another example, the clause FAR 52.228-15, Performance And Payment Bonds – Construction states, “Original contract price means the award price of the contract…” The term “Individual Project Task Order” is substituted in like meaning and effect for “contract” in this clause.

There are numerous other examples where reference to “contract” shall apply as if the term “Individual Project Task Order” was substituted. The Contractor shall refer all questions to the Contracting Officer if clarification is needed regarding the application of contract clauses to Individual Project Task Orders.

Each Individual Project Task Order is separable to the extent that it will be initiated, performed, administered, completed and closed independently.

1. Individual Project Task Orders may have separate Contracting Officers, Contracting

Officer’s Representatives and/or Government Technical Monitors.

2. Individual Project Task Orders will have unique performance terms and notices to proceed.

3. Individual Project Task Orders will require separate submittals, unless otherwise agreed.

4. Individual Project Task Orders will have separate payments.

G-4 BID AND BIDDER VERSUS PROPOSAL AND OFFEROR

Wherever the term “bid” is used it shall be construed to mean “proposal.” This applies in reference to the basic contract, to the Individual Project proposal and award process and to Individual Project Task Orders. The term “bidder” shall be construed to mean “offeror.”

G-5 INDIVIDUAL PROJECT PROPOSAL RESPONSES

After the basic Request for Proposals is awarded Individual Project proposals are requested periodically. These requests will be limited based on the Offer Qualifications and corresponding contract award limitations. It is understood that the Contractor will be balancing their other commercial work with any proposed work under the awarded contract.

Nonetheless there is a general expectation that Contractors will respond affirmatively to the majority of Individual Project proposal requests with a reasonable price and performance proposal. Repetitive failure to respond may impact the source selection process for future Individual Project proposals.

G-6 ISSUING OFFICE ADMINISTRATION

The Issuing Office shall be responsible for fund obligation and payment processing. The Issuing Office shall complete all Federal Procurement Data System and other reporting.

G-7 DESIGNATION OF CONTRACTNG OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (COR) is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order or other matter deviating from the terms of this contract be effective or binding upon the government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions, or inactions, by the Contractor, or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule or the performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing, if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G-8 PAYMENT FOR MATERIALS DELIVERED OFF THE SITE

As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the Contractor, may, at the option of the Contracting Officer, be included in progress payments. Prior to payment, such material will be subject to Government inspection and must be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the Contractor shall furnish the Government with a right of ingress and egress to the property together with right of removal.

G-9 PAYMENTS FOR INCIDENTAL ITEMS

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items.

All other work and materials will be considered incidental to and included in the payment for items shown.

G-10 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Government or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

G-11 RETURN OF PERFORMANCE AND PAYMENT BONDS

Performance and payment security furnished under this contract must be retained by the Government for a minimum of one year after acceptance of all work under the contract.

Performance and payment security other than corporate or individual surety bonds will be returned to the Contractor one year after completion of work if no claims against these bonds have been filed at that time.

G-12 PAYMENT FOR PERFORMANCE AND PAYMENT SECURITY EXPENSES

It is mutually agreed that the premium costs for performance bonds, payment bonds and alternative payment protections furnished for this contract are included in the total amount bid for other items and that any payment to the Contractor for the cost of bonds made in accordance with FAR 52.232-5 refers only to corporate sureties listed in the current Department of Treasury Circular 570 and no advance payment will be made for bond premiums where other than corporate surety bonds are furnished. Bond premiums as used in this paragraph and FAR 52.232-5 shall include any Small Business Administration fees paid in connection with SBA guaranteed corporate surety bonds.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 USE OF PREMISES

(a) Before any camp or storage is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.2 ARCHAEOLOGICAL OR HISTORIC SITES

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.3 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(a) Operations 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.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste 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.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.4 POTENTIAL SAFETY HAZARDS (will be identified per Individual Task Order)

(a) Data and information furnished or referred to below is for the Contractor's information. The

Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

(b) The following checked activities have been identified by the Government as potential safety hazards.

[X] Tree falling [X] Heavy equipment operation [X] Fire hazards [X] Hydraulic and/or pneumatic and/or other high pressure hazards [X] Mechanical hazards such as pulleys, springs, etc.

[X] Other: Chainsaws; Fuel for equipment; Barbed Wire

H.5 LANDSCAPE PRESERVATION

The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for treatment. The Contractor shall confine operations to within the clearing limits or other areas designated in the 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) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products on site, appropriate preventive measures shall be taken to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual states. If a spill of petroleum product should occur in water, the Contractor shall take immediate action to clean up or contain the spill and immediately notify:

The COR and Contracting Officer Either the Oregon Emergency Response System (1-800-452-0311 or 1-503-378-4124) or the Washington Emergency Management Division (1-800-OILS-911), as applicable

AND

The National Response Center (1-800-424-8802)

Oil absorbing mats are required under all stationary equipment, or equipment being serviced while on Government land to prevent leaking or spilled petroleum base products from contaminating soil and water resources. Such material will be furnished by Contactor and approved by Contracting Officer.

Equipment shall be furnished on a fully operational basis, of modern design and in good operating condition with no fuel or oil leaks. Repairs and move-in/move-out are the Contractor’s responsibility. All equipment shall be power washed and shall be clean prior to entering Government Land.

(c) No objectionable material (i.e. gasoline, oil and hydraulic fluids) shall be allowed to enter any stream, river, lake, or other body of water. Material which falls in these areas shall be retrieved and disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the project limits shall be repaired as directed by the Contracting Officer.

(d) The Contractor shall not operate equipment or otherwise disturb the natural vegetation and soil beyond the fence ROW.

(e) The Contractor will make every reasonable attempt to preserve the scenic and natural environment along this construction project.

H.6 PROSECUTION OF WORK (will be identified per Individual Task Order)

Construction activity shall be limited to __________________, coordinate your work plan with the Contracting Officer. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. The project site shall be open to public access and free of hazards on weekends. Any activities requiring closure to the public shall be scheduled with the COR at least 7 days in advance.

H.7 FINAL CLEANUP

Contractor shall remove and dispose all its own trash and refuse from the contract area. Material to be removed includes, but is not limited to camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. The Contractor shall also remove and dispose of upon completion of the fence construction, all stakes, flagging, and similar debris within the project area. This Cleanup is a subsidiary item for which no special payment will be made. If a forest has a food storage order in place for bears, the contractor will comply with that order. All debris shall be disposed off of National Forest Land and in accordance with State and Local disposal requirements.

H.8 USE OF ROADS BY CONTRACTOR (will be identified per Individual Task Order)

The Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites for all activities necessary to complete this contract. This authorization is subject to the limitations described per Individual Task Order, and when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform

Employees of Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY

2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-15 Service Contract Reporting Requirements for Indefinite Delivery Contracts (OCT

2016) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.210-1 Market Research (NOV 2021) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-9 Small Business Subcontracting Plan (NOV 2021) 52.219-14 Limitations on Subcontracting (SEP 2021) 52.219-16 Liquidated Damages --Subcontracting Plan (SEP 2021) 52.219-28 Post Award Small Business Program Rerepresentation (SEP 2021) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY

2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC

2010) 52.222-50 Combating Trafficking in Persons (NOV 2021)…