RFQ 22Q0063.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

84LL

COEUR DALENE ID 83815

3232 WEST NURSERY ROAD

IDAHO PANHANDLE NATIONAL FORESTS

USDA-FS CSA INTERMOUNTAIN 1

CODE 16. ADMINISTERED BYCODE

X

X

X

238910

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR84LL

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/25/2022 marion.daniel@usda.govMARION DANIEL (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

08/08/2022 1600 PD

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1284LL22Q0063

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 58See ScheduleOFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

COEUR DALENE ID 83815

3232 WEST NURSERY ROAD

IDAHO PANHANDLE NATIONAL FORESTS

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA INTERMOUNTAIN 1

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Machine/Hand Road Brushing, Libby RD and Cabinet RD, Kootenai NF Period of Performance: 08/15/2022 to 10/31/2023

0001 Libby RD Machine/Hand Road Brushing Requisition No: 1061320

Delivery Location Code: 03J6

USDA FS KOOTENAI NATIONAL FOREST

LIBBY RANGER DIST CANOE GLUCH RS

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

MARION P. DANIEL

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

NAME OF BUSINESS:

ADDRESS:

CITY, STATE, ZIP:

SAM UEI:

EMAIL:

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

12557 HWY 37

LIBBY MT 59923 US

0002 Cabinet RD Machine/Hand Road Brushing

Requisition No: 1066382

Delivery Location Code: 03JJ

KOOTENAI NF CABINET RANGER DISTRIC

2693 HIGHWAY 200

TROUT CREEK MT 59874 US

0003 Cabinet RD Machine/Hand Road Brushing

Requisition No: 1066382

Delivery Location Code: 03JJ

KOOTENAI NF CABINET RANGER DISTRIC

2693 HIGHWAY 200

TROUT CREEK MT 59874 US

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

RFQ 1284LL22Q0063

Machine/Hand Road Brushing Kootenai NF

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

ROAD BRUSHING CABINET RANGER DISTRICT

Item Road

No.

Road Name Start End Qty Unit Unit Price Total Price

0001 410 South Fork Bull River Jct

Jct

10.2 Miles $ $

0002 2796 Berray Creek Hwy

End 0.13 Miles $ $

0003 407 East Fork Bull River Jct

End 4.56 Miles $ $

0004 2278 Lost Girl Jct

Gate 1.4 Miles $ $

0005 2278A Lost Girl A Jct

Berm 0.3 Miles $ $

0006 2745 West Fork Blue Creek Jct

Berm 1.3 Miles $ $

0007 2292 Fatman Hwy

MP

5.2

5.22 Miles $ $

0008 2292B Fatman B Jct

Gate 0.6 Miles $ $

0009 2710 Huckleberry Mountain Jct

End 10.78 Miles $ $

TOTAL PRICE CABINET RD $

OPTIONAL MILES ROAD BRUSHING CABINET RANGER DISTRICT

Item Road

No.

Road Name Start End Qty Unit Unit Price Total Price

0010 TBD TBD TBD TBD 5 Miles $ $

OPTIONAL ITEM EXCAVATOR CABINET RANGER DISTRICT

Item Road

No.

Road Name Start End Qty Unit Unit Price Total Price

0011 TBD TBD TBD TBD 20 Hour $ $

ROAD BRUSHING LIBBY RANGER DISTRICT

Item Road

No.

Road Name BMP EMP Qty Unit Unit

Price Total Price

0012 68 Pipe Creek South Fork Yaak

12 23.77 11.77 Miles $ $

0013 228 Koocanusa West Side 0 19.5 19.5 Miles $ $

0014 332 Hennesy Creek 0 4.6 4.6 Miles $ $

0015 535J McKillop McGinnis J 0 0.53 0.53 Miles $ $

0016 336 Big Creek Pipe Creek 14.83 21.7 6.87 Miles $ $

0017 2317 Poorman Creek 0 0.81 0.81 Miles $ $

0018 4400 Hoodoo Creek 0 4.38 4.38 Miles $ $

0019 4400B Hoodoo Creek B 0 2.51 2.51 Miles $ $

0020 4604 Little Tom 0 5.4 5.4 Miles $ $

0021 4604C Little Tom C 0 0.9 0.9 Miles $ $

0022 4697 Upper Hennesy Creek 0 1.64 1.64 Miles $ $

0023 4745 Upper Horse Mtn 0 3.6 3.6 Miles $ $

0024 4745A Upper Horse Mtn A 0 2.02 2.02 Miles $ $

0025 4774 Libby Cr Swamp Cr 0 5.82 5.82 Miles $ $

0026 4774D Libby Cr Swamp Cr D 0 0.54 0.54 Miles $ $

0027 4776 Horse Mtn Lookout 0 4.38 4.38 Miles $ $

0028 4776A Horse Mtn Lookout A 0 2.8 2.8 Miles $ $

0029 4776B Horse Mtn Lookout B 0 2.9 2.9 Miles $ $

0030 4778 Midas Howard Creek 0 5.6 5.6 Miles $ $

0031 4778C Midas Howard Creek C 0 1.8 1.8 Miles $ $

0032 4778E Midas Howard Creek E 0 0.79 0.79 Miles $ $

SUBTOTAL LIBBY RD $

ROAD BRUSHING LIBBY RANGER DISTRICT CONT’D

Item Road

No.

Road Name BMP EMP Qty Unit Unit

Price Total Price

0033 4781 Ramsey Creek 0 1.17 1.17 Miles $ $

0034 4784 Upper Bear Creek 0 4 4 Miles $ $

0035 4820 South Jackson Connector

0 1.88 1.88 Miles $ $

0036 5010 Big Hoodoo Unit 1 1 1.04 1.04 Miles $ $

0037 5010A Big Hoodoo Unit 1 A 0 0.29 0.29 Miles $ $

0038 5010B Big Hoodoo Unit 1 B 0 0.11 0.11 Miles $ $

0039 5178 Big Hoodoo Unit 3 0 0.44 0.44 Miles $ $

TOTAL PRICE LIBBY RD $

OPTIONAL ROADS (MAP 5) LIBBY RANGER DISTRICT

Item No.

Road No.

Road Name BMP EMP Qty Unit Unit Price Total Price

0040 516 McGinnis Fishtrap 7.9 10.66 2.76 Miles $ $

0041 592 Whitney Lake 0 3.22 3.22 Miles $ $

0042 6754 Owl Peak 0 2.08 2.08 Miles $ $

0043 6754C Owl Peak C 0 1.2 1.2 Miles $ $

0044 6754E Owl Peak E 0 0.22 0.22 Miles $ $

0045 6764 North Houghton Ridge 0 1.98 1.98 Miles $ $

0046 6877 Debone Road 1.2 1.55 0.35 Miles $ $

0047 6877A Indian Tree Road 0 0.56 0.56 Miles $ $

TOTAL PRICE OPTIONAL ROADS LIBBY RD $

GRAND TOTAL ALL ITEMS

Schedule Notes:

(a) Definitions.

• BMP – Beginning Mile Post

• EMP – Ending Mile Post

• TBD – To be Determined

(b) Multiple Awards. The Government may make one or two awards from this solicitation.

(1) Award will be made by location.

(2) Quoters may quote on both locations or one location and limit the total amount of work the Quoter could accept.

(3) Quoters must quote on all items for a location (including Optional Roads for Libby Ranger District)

(4) Quotes may not be submitted for quantities less than those specified in the Schedule of Items.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity quoted, at the unit price quoted.

(c) ALL OR PART of the items in the schedule may be awarded. Items NOT awarded shall be struck from the Schedule of Items at time of award.

(d) Equipment Rental/Hourly Work. This is work directed by the Contracting Officer (CO) which is not otherwise provided for under this contract. Only quantities approved by the CO shall be accepted under this contract. The hourly rate specified in the Schedule of Items shall be paid for all hours of actual operation of equipment on work authorized by the CO. The Government reserves the right to reduce or eliminate entirely the work under this item with no adjustment in the contract unit prices.

SECTION C - CONTRACT 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

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021)

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C 4712 and 10 U.S.C 2409 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

Loss, Damage, or Destruction

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

(b) Repairs. All repairs to equipment under this contract shall be made and paid for by the Contractor.

(c) Operating Supplies. Fuel, oil, and other operating supplies will be furnished by the Contractor.

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

Contract Administration Data

(a) Post Award Conference. A post award conference with the successful quoter is required. It will be scheduled and held before work begins. The conference will be held on a date and time, and at a location agreed upon by the parties.

(b) Invoice Processing Platform (IPP). The Invoice Processing Platform (IPP), is a secure, web-based service that more efficiently manages government invoicing from purchase order (PO) through payment notification, at no charge to federal agencies and their vendors.

The Forest Service is utilizing IPP for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. Payment through IPP is an Electronic Funds Transfer (EFT) into the Contractor’s bank account.

Vendors that are required to submit an invoice through IPP do not need to contact IPP to enroll. Enrollment will occur directly through the agency they are doing business with. Once enrolled by an agency, vendors will receive two (2) emails with IPP login ID and a temporary password.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAY 2022) (DEVIATION JUL 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-

78 (19 U.S.C. 3805note)).

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

[Contracting Officer check as appropriate.] ☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate

I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (5) [Reserved].

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of

Div. C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(41 U.S.C. 2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C.657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep

2021) 15 U.S.C. 657a).

☐ (13) [Reserved] ☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period;

or ☐ By the end of the performance period for each order issued under the contract.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15

U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C.

632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (DEVIATION

JUL 2020) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☐ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

☐ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (36) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s

13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (DEVIATION

JUL 2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108- 286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

☐ (iii) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☐ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021)

(41 U.S.C.4505, 10 U.S.C.2307(f)).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

(31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

2013) (31 U.S.C.3332).

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only. It is not a Wage Determination.

Employee Class Monetary Wage-Fringe Benefits

23440 - Heavy Equipment Operator $29.19 Lincoln & Sanders County MT

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.

chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O

13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(SEP 2013)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

(AUG 2018)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (OCT 2021)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for de-obligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for de-obligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

Period of Performance

The period of performance of this contract is from date of award through 10/31/2023.

Post Award Conference

A post award conference with the successful quoter is required. It will be scheduled and held before work begins, after date of contract award. The conference will be held on a date and at a location as agreed upon.

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

1. STATEMENT OF WORK

2. WAGE DETERMINATION 2015-5401, REVISION NO. 17, DATED 06/27/2022

3. KOOTENAI NATIONAL FOREST FOOD STORAGE ORDER

4. CLEARING DETAIL

5. MAPS

STATEMENT OF WORK

Machine/Hand Road Brushing Libby and Cabinet Ranger District

Kootenai National Forest

Scope of Contract

The services covered in this contract require the contractor to furnish all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform machine/hand roadside brush cutting of designated roads, in compliance with the terms, specifications, conditions, and provisions of this contract. The equipment used to perform this work shall meet safety standards and shall be in good mechanical condition.

Description of Requirement

The Libby Ranger District and the Cabinet Ranger District on the Kootenai National Forest have a requirement for Machine/Hand Road Brushing the roads specified in the Schedule of Items.

Location

The project roads on the Libby Ranger District are within two (2) hours or 60 Miles of Libby, MT within Lincoln County, MT. The project roads on the Cabinet Ranger District are in various locations within Sanders County, MT. See attached maps for actual locations.

Libby Ranger District Cabinet Ranger District 12557 Montana Highway 37 2693 Montana Highway 200 Libby, MT 59923 Trout Creek, MT 59874

Commencement, Prosecution, and Completion of Work

The Contractor shall: 1) commence work under this contract within 10 calendar days after the date the Contractor receives the Notice to Proceed; 2) prosecute the work diligently; and 3) complete the entire work ready for use within the period of performance. The time stated for completion shall include final cleanup of the premises.

Moving Equipment

Costs for mobilization and moves between job locations will be considered incidental to the ordered work. Therefore the Contractor must consider this expense in the pricing.

Method of Measurement

(a) Machine road brush cutting shall be measured to the nearest tenth of a mile along the road centerline and shall include only those sections of the roads which are included in the contract and are completed in accordance with the specifications. Measurement shall be by a Forest Service vehicle. Parking areas, turnouts, curve widening, and approach road connections are considered as adjuncts to the main roads and shall not be measured separately. Mileage is per attachment Exhibit A – Typical Clearing Detail and includes brush cutting/tree limbing both sides of the road, any brush growing on the road surface, removal of all downed trees, and debris removal as stated in the Performance Requirements Summary.

(b) The Excavator HOURLY rate on the Cabinet Ranger District will require a daily record, which shall be documented on a shift ticket.

(1) Hourly Work Method of Measurement. An hour consists of 60 minutes of actual operation of equipment on authorized Government work. Moving of equipment under its own power, when so ordered by the Contracting Officer (CO), will constitute authorized work. Non-productive time such as, but not restricted to, lack of operating supplies, being stuck, or moving and loading time of equipment and specified accessories shall not constitute “actual operation.”

(b) Daily Record. The Government shall maintain a daily record for each piece of equipment on a shift ticket showing:

Contract number and work item number applicable to the equipment Name of Contractor Hours of operation authorized to nearest quarter hour Hour of actual operation on regular work Authorized hours of operation lost and reason

The Operator performing the work or Designated Representative and the Contracting Officer Representative (COR) shall sign the shift ticket each day. Signed shift tickets are required to be submitted with invoices. The shift ticket will be used to reconcile the Contractor’s proper invoice for payment. Appropriate Government surveillance of Contractor performance is required for ALL hourly work to give reasonable assurance that efficient methods and effective cost controls are being used.

Noxious Weeds/Equipment Cleaning

Noxious weeds are any exotic plant species established or that may be introduced into the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the State's Department of Agriculture, or by the County's weed management district, or by other appropriate agencies having jurisdiction. A weed management district is any area of land identified for the purpose of weed management or control. Such an identified land area may be, but is not limited to, one of the following:

• Project or job site;

• County;

• Two or more Counties; or

• National Forest

To mitigate the anticipated impacts of spreading noxious species, the following precautions shall be used:

All equipment and vehicles to be used at the job site shall be cleaned and free of noxious weeds and their seeds prior to entrance onto the project site. The restriction shall include equipment and vehicles intended for off-road as well as on-road use, whether they are owned, leased, or borrowed by the Contractor or any subcontractor.

Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment, components, or the need for specialized inspection tools is not required.

Notify the CO in writing at least 24 hours before moving any equipment onto the national forest.

Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service. Inspection will be required after each subsequent cleaning.

The Contractor shall only use methods of cleaning and locations for cleaning approved by the CO.

New infestations of noxious weeds of concern to Forest Service and identified by either Contractor or Forest Service, on the project area or on the haul route, shall be promptly reported to the other party. The Contractor and Forest Service shall agree on treatment methods to reduce or stop the spread of noxious weeds when new infestations are found. A current list of noxious weeds of concern to the Forest Service is available at each Forest Service office.

The initial cleaning shall be incidental to the unit price. Additional cleanings required by the CO resulting in the Contractor’s failure to properly clean/remove vegetation will not be included for payment. Subsequent cleanings necessitated by the Contractor’s actions, but not directed by the CO, will not be included in the measurement for payment. Equipment may not be removed from the wash site until it has been inspected and approved. Should equipment be moved without approval, the Contractor shall bear all costs of treatment to potential newly infected areas traveled by unapproved equipment. Treatment will be performed by Forest Service employee with Forest Service supplies and equipment. Treatment shall mean weeds mitigation, spraying, and/or any other means deemed necessary by the Government to prevent weed migration.

Certification of each piece of equipment or vehicles shall remain valid for the duration of the contract as long as the identified subjects remain solely on the project. Off road equipment that leaves the job site shall be recertified before being allowed to return.

The following roads in the Libby Ranger District project area have been identified as having active RUSH SKELETONWEED or DALMATION TOADFLAX infestations. The Contractor is to provide the CO with written notice of intent and schedule of work pertaining to the roads listed below not less than 5 business days prior to commencement of work on these items. These sites will then be identified and marked/flagged on the ground prior to brushing. Rush Skeletonweed sites and Dalmation Toadflax sites shall be brushed. Equipment shall be washed after brushing and prior to leaving the site area to prevent spread of weeds. The Contractor shall make an allowance for equipment washing and be included in the contract price for the affected Item as there is no line item specific to equipment cleaning. No other method of payment shall be provided.

Rush Skeleton Item Road Road Name Weed

1.16 4776 Horse Mtn Lookout Rush Skeleton

1.31 5226 BiG Hoodoo Unit 2 Rush Skeleton

1.36 6199 Bear Cr Canyon Rush Skeleton

1.37 6205 Big Hoodoo Rush Skeleton

1.39 6205B Big Hoodoo B Rush Skeleton

1.41 6209F Crazyman F Rush Skeleton

1.71 6877 Debone Road Rush Skeleton

Closure Notifications Libby Ranger District

All or portions of the following roads are behind gates which are closed during various times of the year. No activity will be allowed within the restricted portions of these roads until the COR has been notified and the activity has been approved to proceed.

Restriction

Item Rd Name

ATM Begin End

1.7 4400 Hoodoo Cr 1 15-Oct 30-Jun

1.12 4745 Upper Horse Mtn 4 15-Oct 30-Jun

1.13 4745A Upper Horse Mtn A 2 15-Oct 30-Jun

1.15 4774D Libby Cr Swamp Cr D 1 15-Oct 30-Jun

1.23 4784 Upper Bear Cr 2 15-Oct 30-Jun

1.39 6205B Big Hoodoo B 2 15-Oct 30-Jun

1.41 6209F Crazyman F 4 15-Oct 30-Jun

1.68 6754C Owl Peak C 2 15-Oct 30-Jun

1.59 14463 Saddle Ridge 4 15-Oct 30-Jun

1.60 14464 Hoodoo Cr Ridge 2 15-Oct 30-Jun

1.61 14464A Hoodoo Cr Ridge A 2 15-Oct 30-Jun

1.62 14468 Upper Horse Trail 2 15-Oct 30-Jun

1.63 14468A Upper Horse Trail A 2 15-Oct 30-Jun

Contractor Responsibilities

(a) Clearing and Brushing. The area to be cleared and brushed is shown on Exhibit A - Typical Clearing Details. This area includes turnouts and curve widening. This area is to be cleared of all trees 6 inches diameter or less without exception at stump height, brush, limbs on trees outside the clearing area which obtrude upon the clearing area, all downed trees which are within or obtruding upon the clearing area, and all vegetative material within or obtruding upon the clearing area.

Vegetative material (alive or dead) includes grass, weeds, residual brush, live brush, and trees.

Brush and trees shall be cut off and completely severed from the stump no higher than 6 inches above the ground or rocks and other obstructions when encountered. Limbs cut from trees which will remain standing shall be severed as close to the trunk as practical. Maximum stump/cut heights may only increase while transitioning over obstacles and only for a maximum distance equal to the length of the mower head before and after the obstacle. Additional clearing shall be required as shown on the exhibit to obtain sight distance.

(b) Disposal. All cleared material as described in paragraph (a) above shall be disposed of outside the area to be brushed on the fill or downhill side of the road. This cleared material shall be scattered and not concentrated. Cleared material shall not be deposited in any watercourses.

(c) Barricades, Warning Signs, and other Devices. The Contractor shall provide, erect, and maintain manufactured (not handmade) warning signs to read “MEN WORKING” or “ROAD MACHINERY AHEAD” at the beginning and end of the daily work area. All warning signs and/or other protective devices shall conform with Part VI of the Manual on Uniform Traffic Control Devices (2003 Edition) for Streets and Highways, published by the Federal Highway Administration and applicable safety codes. Through traffic must be maintained during brushing and clearing operations.

Other Constraints on Performance

(a) Existing Facilities. All existing facilities such as signs, cattleguards, and drainage structures damaged by the Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government.

(b) Motorized Equipment. Use of motorized equipment other than hand-held equipment such as power saws and brush cutters shall not be permitted off designated roads in the project area without approval of the CO.

Contractor Quality Control

The Contractor is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract requirements are met.

Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

A description of the site specific quality control inspection plan shall be provided within thirty (30) days of contract award. The plan shall include; (1) control procedures for security of Government-provided items such as keys, and lock combinations; (2) location of the inspection documents; (3) corrective or preventive actions that will be taken to meet performance requirements; and (4) a customer comments feedback system.

Government Responsibilities

(a) Performance Assessment. The Contracting Officer Representative (COR) will inspect the Contractor’s performance on a “PER ITEM” basis under this contract via visual inspection to ensure compliance with any and all specifications for the entirety of the item, and that the dimensions of the area to be cleared are being met, the materials to be cleared and brushed from the area are being cut and removed, that disposal is being properly scattered outside the area to be cleared, and that signs and traffic control devices are properly in place during periods of Contractor performance.

Unacceptable performance occurs when the Contractor responsibilities fail to meet stated Performance Requirements. The Government will not pay for unacceptable performance. When unacceptable performance is observed, the COR will document the unacceptable performance on a work order as well as meet with the Contractor at the job site to ensure the Contractor is aware of the unacceptable service. The Governments inspection of the work does not relieve the Contractor of its responsibility to provide an inspection system as stated in paragraph (b) referenced above.

Government Quality Assurance Quality assurance will be performed by the Government during the contract at regular intervals.

Methods may include visual survey and review of Contractor quality control documents.

Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction.

PERFORMANCE REQUIREMENTS SUMMARY

Requirement Performance Standard Method of Assessment Incentive/Deduction

Clearing & Brushing

Cut all trees, without exception, 6 inches diameter at stump height, brush and vegetative material within the clearing limit as shown on Exhibit A. Cut material to within 6 inches above the ground or obstructions and remove from the clearing limits. Remove ALL downed trees from the clearing limits shown on Exhibit A. Cut limbs which obtrude into the clearing limits as close to the tree trunk as practical on trees that remain standing.

Maximum stump/cut heights may only increase while transitioning over obstacles and only for a maximum distance equal to the length of the mower head before and after the obstacle.

Visual Inspection (C-4 (a))

The area shall be reworked to meet performance standards.

Disposal Slash with a length greater than 36 inches (diameter less than 2 inches) or with a length greater than 24 inches (diameter greater than 2 inches), is to be scattered so as not to produce concentrations and shall not be deposited in watercourses. All slash shall be removed at the end of each workday.

Visual Inspection (C-4 (a))

The area shall be reworked to meet performance standards.

Signing Adequate signing to protect users of the road is in place whenever the Contractor is working.

Visual inspection and verification

Performance shall not be allowed until proper signing is in place.

Fire Controal

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

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

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

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

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC…