RFQSolicitation20Q0216.docx

RFQ 12034320Q0216 – Commercial Item Kaniksu Zone Roadside Brushing

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3.AWARD/EFFECTIVE DATE

12034320Q0216

6. SOLICITATION ISSUE

DATE

08/17/2020

Marion Daniel, Contracting Officer Joe Heisel, COR

b. CONTACT INFORMATION marion.daniel@usda.gov joseph.heisel@usda.gov 208-265-6619

8. OFFER DUE DATE/

LOCAL TIME

08/26/2020 4:00 p.m. Pacific

9. ISSUED BY CODE | 02RC

USDA Forest Service

10. THIS ACQUISITION IS

☐ UNRESTRICTED

☒ SET ASIDE 100 % FOR:

☒ TOTAL SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

☐ SEE SCHEDULE

12. DISCOUNT TERMS

☐ HUBZONE SMALL BUSINESS

☐ SERVICE DISABLED VETERAN-

☐ 13A. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

3815 Schreiber Way Coeur d Alene ID 83815

OWNED SMALL BUSINESS

☐ 8(a)

13B. RATING

NAICS: 238910

SIZE STANDARD: $16.5 Million

14. METHOD OF SOLICATION

☒ RFQ ☐ IFB ☐ RFP

Idaho Panhandle National Forests Sandpoint Ranger District 1602 Ontario St.

Sandpoint ID 83864 USDA Forest Service Idaho Montana Acqusition Team 3815 Schreiber Way Coeur d Alene ID 83815

FACILITY

CODE

Name:

Address:

Phone and Email:

DUNS:

Invoice Processing Platform (IPP) All invoices must be submitted electronically through the Invoice Processing Platform via www.ipp.gov.

☐ 17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS

BLOCK BELOW IS CHECKED ☐ SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

KANIKSU ZONE ROADSIDE BRUSHING

Idaho Panhandle National Forests Bonners Ferry, Sandpoint, & Priest Lake RD Bonner & Boundary County, Idaho Pend Oreille County, Washington Insert pricing in the Schedule of Items on Page 2 Instructions to Quoters, Page 43

25. ACCOUNTING AND APPROPRIATION DATA

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

☒ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. ☒ ARE ☐ ARE NOT ATTACHED.

☐ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ☐ ARE ☐ ARE NOT ATTACHED

☐ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 Copy TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN ☐ 29. AWARD OF CONTRACT: REFERENCE _ OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH A11

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (Rev. 3/2005) Prescribed by GSA-FAR (48CFR 53.212

Continuation of SF-1449 Blocks 19-26

SCHEDULE OF ITEMS

KANIKSU ZONE ROADSIDE BRUSHING

Idaho Panhandle National Forests Bonners Ferry, Sandpoint, and Priest Lake Ranger District Bonner & Boundary County, Idaho and Pend Oreille County, Washington

BASE ITEMS (Period of Performance 10/05/2020 – 09/30/2021)

ITEM

NO.

DISTRICT

PAY

UNIT

EST

QTY

Miles

TOTAL

PRICE

From end of County Maintenance at MP 1.9 in Section 28 to IPNF boundary in Section 8

Sum

From road start at junction with FSR 302 in Section 34 to road end at junction with FSR 2512 in Section 28

Sum

From road start at junction with FSR 1013 to NFSL boundary in Section 1

Sum

From road start at junction with FSR 638 in Section 34 to road end at junction with FSR 638 in Section 30

Sum

From road start at Hwy 95 junction to NFL boundary in Section 20

Sum

From road start at junction with FSR 2481 to road end in Section 11 at International Boundary (Only Open from 6/16-11/15/2020)

Sum

From road start at junction with FSR 272 to road end in Section 12 at International Boundary last six miles (Only Open from 6/16-11/15/2020)

Sum

TOTAL BASE ITEMS $

OPTION ITEMS (Period of Performance 10/05/2020 – 12/01/2022)

ITEM

NO.

DISTRICT

PAY

UNIT

EST

QTY

Miles

TOTAL

PRICE

From road start at FSR 332 Bunco High Drive junction in Section 25 North to CR 198 junction at Avista Substation in Section 3

Sum

From road start at FSR 278 Lakeview Johnson junction in Section 3 to Gold Creek Bridge and FSR 278H junction in Section 3

Sum

From road start at CR 198 junction at Gold Creek Bridge in Section 3 to road end at FSR 278 junction in Section 35

Sum

From FSR 2706 junction to NFS Boundary in Section 13

Sum

From end of NFS Boundary in NE corner of Section 30 to FSR 2517 junction

Sum

From road start at junction with FSR 638 in Section 34 to road end at junction with FSR 638 in Section 30

Sum

TOTAL OPTION ITEMS $

GRAND TOTAL BASE & OPTION ITEMS $

NOTE: Quoters shall quote on Base Items and Option Items.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

ADDENDA TO 52.212-4

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.

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 Items. (AUG 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 items:

(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 (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (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. 3805 note)).

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

[Contracting Officer check as appropriate.] __ (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 (JUN 2020) (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.)

X (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).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

__ (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 (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) of 52.219-6 (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 (MAR 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 (JUN 2020) (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 (JUN 2020) 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 (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

X (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (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 (MAR 2020) (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 (Mar2020) (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 (MAR 2020) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (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.

X (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).

X (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 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 (Jun2014) 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.

X (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 (Jun2016) (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 (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 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) Alternate II (MAY 2014) of 52.225-3.

__ (iv) Alternate III (MAY 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (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 (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (FEB 2006) 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 items:

[Contracting Officer check as appropriate.] X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

X (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).

**This is for information only. It is not a Wage Determination.**

__ (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) ( 29U.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).

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 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 items. 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 (JUN 2020) (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 (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (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 (Aug2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) 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 (May2014) (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 (MAY2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 (FEB 2006) (46 U.S.C. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

OTHER DOCUMENTS, EXHIBITS, AND ATTACHMENTS

The following attachments are part of this solicitation and any resulting contract

(a) Performance Work Statement (8 pages)

(b) Wage Determination 2015-5511, Revision No. 11, dated 06/09/2020 (11 pages)

(c) Wage Determination 2015-5537, Revision No. 10, dated 07/02/2020 (11 pages)

(d) Food Storage Order (5 pages separate document)

(e) Exhibit A Typical Brushing Limits (1 page separate document)

(f) Maps (5 pages separate document)

The following attachment is part of this solicitation, but will not be part of the resulting contract (separate document).

(g) Experience Questionnaire (2 pages separate document)

1.0 PERFORMANCE WORK STATEMENT

1.1 Scope of Contract. Award of this solicitation will result in Firm-fixed Price contract.

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

1.2 Work Objective. Successful, quality performance will result in a clear line of sight, clear of debris as outlined in specifications.

1.3 Location And Description.

1.3.1 Location. The work sites are located on the North Zone of the Idaho Panhandle National Forests: Bonners Ferry, Sandpoint, and Priest Lake Ranger Districts, Bonner and Boundary County, Idaho and Pend Oreille County, Washington.

1.3.2 Roadside Brush Cutting. This work consists of cutting vegetative growth including trees six (6) inches or less in diameter (when measured 6 inches above the ground) which interferes with the sight distance and drainage features along the roadway. Work also includes the removal of all logs and windfall within the specified clearing limits. The clearing limits are shown in the attached Exhibit A Typical Brushing Limits. This includes a horizontal distance of ten (10) feet, (or a slope distance of 12 feet) from the bottom of the ditch for the roads with ditches, eight (8) feet horizontal distance (or a slope distance of 12 feet) from hinge without ditch, and a horizontal distance of four (4) feet (or a slope distance of six (6) feet) from the shoulder of the fill side. Clearing shall include turnouts and curves. The clearing limits are shown in Exhibit A.

1.3.2.1 If brush cutting is needed within riparian areas (particularly stream crossings) heavy machinery shall be used only from the established road prism and only to the shoulder. Riparian areas are any road or road segment 20 feet or closer to a live stream.

1.3.2.2 Standard Maintenance Brushing will require removal of low brush and a few tress scattered along shoulders of the roadway varying to denser brush and trees along the entire length of the shoulders of the roadway. Heavy Maintenance Brushing will require removal of heavier brush and small trees with stems up to approximately 2” diameter encroach into the shoulders reducing the travel width.

2.0 CONTRACTOR WORK REQUIREMENTS AND STANDARDS

2.1 Moving of Equipment and Supplies. The moving of equipment and supplies to the job site and between job sites shall be the Contractor's responsibility.

2.2 Replacement of Equipment. The Contractor shall provide quality equipment capable of safely performing the work under the terms of the contract. All repairs are the total responsibility of the Contractor.

2.3 Equipment Performance Standards. The Contractor shall make equipment available for inspection and approval before use. The Contractor shall provide quality equipment capable of safely performing the work under the terms of the contract. If equipment is rejected because it does not meet minimum requirements, including but not limited to safety and operability, or if it becomes inoperable, the Contractor shall correct the deficiencies or furnish replacement equipment meeting contract requirements within two (2) days. All repairs are the total responsibility of the Contractor.

The Contractor must satisfy all applicable OSHA and DOT requirements or certifications for the operation of offered equipment. There will be no obligation to make payment for any equipment delivered that does not meet the Technical Specifications.

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer (CO), accomplishes the intended work in the contract, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the CO’s approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the CO the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the CO, the Contractor shall also obtain the CO’s approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor’s expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

Equipment provided to conduct work must meet or exceed the following minimum specifications unless otherwise approved by the CO:

Tractor Mower. 75 SAE net horsepower rubber tired tractor with side mount rotary head boom mower, year 2005 or newer, capable of cutting up to 6” inch diameter vegetation.

The Contractor is required to get equipment approval from the CO prior to any work taking place.

2.3a Existing Facilities. All existing facilities such as signs, cattle guards, drainage structures, and road surfacing damaged by the Contractor's operations shall be replaced or repaired by the Contractor at no cost to the Government.

Restrictions. Bridge overload permits are required for any vehicle which exceeds the maximum allowable gross vehicle weight of 80,000 pounds; if axle weight limitations dictated by the Bridge Formula result in a lower gross vehicle weight; if single axle loads exceed 20,000 pounds or tandem axle loads exceed 34,000 pounds; if the vehicle exceeds the posted load limits for the bridge. The Bridge Formula can be found in Forest Service Handbook 7709.56b – TRANSPORTATION STRUCTURES HANDBOOK, CHAPTER 90 – ROAD BRIDGE OPERATION.92 – BRIDGE MANAGEMENT.

*NOTE: Equipment with metal tracks are not allowed on paved roads.

2.3b Pollution and Erosion Control. During all operations under this contract, the Contractor shall exercise reasonable measures to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored and collected in a sanitary manner and disposed of in a State-approved sanitary landfill.

Oil from crankcases or gear boxes, equipment waste, or spilled or excess fuel shall be placed in containers and removed from the work site and disposed of as approved and required by Federal, State, and Local laws.

Equipment ordered for operations in close proximity to streams or bodies of water will be required to meet more stringent requirements regarding seals and fittings that prevent the leaking of hydraulic fluids, lubricants, and fuels. Failure to comply will result in immediate rejection of equipment.

2.3c Noxious Weed Control. Prior to moving the equipment to the worksite, the Contractor shall be required to clean all equipment prior to entry on to the project area. This cleaning shall remove all dirt, plant parts, and material that could carry noxious weed seeds into the project area. Failure to provide clean equipment may result in the rejection of equipment.

2.4 Brushcutting Methods.

2.4.1 All material.

2.4.1.1. - All brush, slash, trees, herbaceous plants (grass and weeds), etc., shall be cut off cleanly with no material left partially cut, bent over, or matted down.

2.4.1.2. - No brush, slash, or other material shall be disposed of in creeks or streams and shall not interfere with or obstruct drainage facilities.

2.4.1.3 - All slash having a diameter greater than two (2) inches and a length greater than two (2) feet or a length greater than three (3) feet regardless of diameter shall be disposed of by scattering downslope from the roadbed and outside the clearing limits so that no material extends above the roadway elevation. Fragmented debris of smaller dimension may remain within the clearing limits but must be removed from roadbed surfaces. Scattered debris in roadbed is acceptable in minor amounts that will not contaminate aggregate surfacing or may readily be incorporated into native surface materials. On all open roads the Contractor shall maintain the roadway to a condition that is safe for public traffic to pass which may require removing all brush that is a driving hazard within the same day it was cut from the roadbed. All other brush shall be picked and scattered within seven (7) consecutive days of being cut.

2.4.2 Logs and windfalls.

2.4.2.1 - Logs and windfalls lying within or across the clearing limits shall be cut off at the top of the cut-slope and moved to the lower side of the road beyond the clearing limits. Logs placed on the fill-slope of the road shall be outside the clearing limits and at least two feet below the shoulder elevation. The remaining portion of a log or windfall that lies on the upper side of the road shall either be firmly anchored to prevent sliding inside the clearing limits or moved across the road as described above.

2.4.2.2 - Windfalls on the fill-slope side which extend above the road elevation shall be cut off at least two (2) feet below the road elevation and disposed of as outlined above. Logs shall be placed, limbed, or scattered so that limbs do not extend above the roadway elevations.

2.4.2.3 - No windfalls or logs shall be disposed of in creeks or streams and shall not interfere with or obstruct drainage facilities.

2.4.3 - Brush and trees six (6) inches or less in diameter

2.4.3.1 - All brush and trees with a stump diameter of six (6) inches or less located inside the clearing limits, with exception of the roadbed, shall be cut off no higher than six (6) inches above the ground level, as measured on the uphill side. The tree diameter shall be measured on the uphill side. Roadbed clearing limit vegetation stump height shall not exceed two (2) inches and shall be cut as not to create a hazard to foot or vehicle traffic.

2.4.4 - Trees in excess of six (6) inches in diameter.

2.4.4.1 - Trees in excess of six (6) inches in diameter, when measured six (6) inches above the ground, shall be limbed so that no limb extends within a clear height of 14 feet directly above the traveled way or within ten (10) feet in elevation of the road surface within the cutting limits. Limbs shall be cut to within six (6) inches of the trunk to produce a reasonably smooth vertical face.

2.4.4.2 - Slash and debris shall be scattered downslope from the roadbed and outside of the clearing limits, avoiding any concentration.

2.4.5 - Piling. Will not be required under this contract, however, may be approved by the Contracting Officer’s Representative (COR). The Forest Service (FS) will cover and burn such approved piles.

2.5 Maintenance of Traffic and Use of Warning Devices. The Contractor shall provide signs, other devices, and traffic control for occupied work areas in accordance with National standards as contained in Part VI of the Manual of Uniform Traffic Control Devices (MUTCD), current edition, and these specifications https://mutcd.fhwa.dot.gov/pdfs/2009r1r2/mutcd2009r1r2edition.pdf. All signs and devices remain the property and responsibility of the Contractor.

2.5.1 - Traffic Conditions

2.5.1.1 - Roads shall be open to traffic unless otherwise provided.

2.5.1.2 - One lane roads shall be available for one lane channelized passage of traffic at all times unless approved in writing by the COR.

2.5.2 - Devices

2.5.2.1 - Required signs can be mounted on portable or temporary mountings. Standard MUTCD legends shall be used.

2.5.2.2 - Traffic approaching the work area from either direction and/or side approaches shall be warned by signing.

2.5.2.3 - Signs will at all times be within one mile of the operating equipment or personnel.

2.5.2.4 - Hazards incidental to the work within or on the traveled way, shoulders, or turnouts shall be marked with hazard identification, illuminated beacons, or other MUTCD devices to safely guide road users through the area. Work shall be scheduled to provide for completion of segments on a daily basis.

2.5.2.5 - Advisory speed plates may be used to control traffic through the work area.

2.5.3 – Equipment

2.5.3.1 - All vehicles and machinery operating on or from the traveled way or road shoulder shall have flashing 4-way or top mounted flashing amber lights or rotary beacons operated continuously while work is in progress.

2.5.3.2 - Vehicles and machinery not directly used in the maintenance operation shall be parked off the traveled way to minimize interference with the normal use of the road.

2.5.3.3 - Use of motorized equipment other than hand held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the CO.

3.0 REPORTS AND DOCUMENTATION

3.1 Contractor Quality Control Plan. The Contractor shall submit a Quality Control Plan (QCP) before any work begins that demonstrates how the Contractor will assure that quality of performance meets the objectives and requirements of the contract. The QCP shall be submitted and approved before work begins. The QCP shall specify:

· How quality will be monitored to assure performance standards are met and rate of progress (See 2.0 Contractor Work Requirements and Standards)

· How the work will be supervised and by whom

· Identify the personnel responsible for performing quality control.

· Provide a copy of a checklist used for inspections.

Failure of the Contractor to maintain satisfactory inspection results will be grounds for deduction in payment or termination for cause. Contractor shall submit complete written copies of Quality Control Inspections. The Contractor may supplement the QCP within 10 days of the start of work and submit for review and approval. The Contractor’s QCP must provide the Government with sufficient information to indicate and verify the contractor is conducting work in accordance with this agreement.

3.2 Contractor Quality Control Inspection. 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 standards are met and the Contractor follows the QCP.

The Contractor shall assure performance meets contract specifications in accordance with FAR 52.212-4(a) Inspection/Acceptance prior to requesting the Government to inspect for payment or acceptance. Upon completion of a road, the Contractor shall notify the COR in writing to set a mutually agreed upon date for inspection of completed work.

The Contractor’s Quality Control inspections will be the basis for computing payment unless the Government verification results indicate the work is unacceptable.

4.0 ACCEPTANCE REQUIREMENTS

4.1 Government Quality Assurance Inspection. The Government will, at its convenience, make periodic inspections of the work to assure contract compliance and will perform Quality Assurance Inspections to determine the Contractor is performing quality control in accordance with the Contractor’s Quality Control Plan. Methods may include visual survey and review of Contractor quality control documents, procedures, plan inspection reports and/or customer comments.

4.2 Acceptance. Acceptance of the work under the contract will be made after the CO has made the determination of satisfactory acceptable compliance with the specifications. For acceptance purposes, complete an entire road or road segment otherwise approved by the CO. Acceptance will not be made for segments broken by unacceptable portions. The Government will inspect completed section of the road within 3 consecutive business days following the Contractor’s written notification of completion of the work. A business day is defined as Monday through Friday, excluding Holidays.

When inspection indicates the performance objectives were not met, work will be deemed unacceptable and payment will not be made until the Contractor has assured the Government that its Quality Control measures have corrected the deficiencies. Inspections after re-work will be made in the same manner as the first inspection and the Contractor may be charged for actual costs incurred by the Government for re-inspection of rework and deducted from the Contractor’s payment.

5.0 DELIVERIES OR PERFORMANCE

5.1 Performance Period. The Contractor shall maintain progress at a rate which will assure completion of the work within the period specified.

Work may be accomplished during daylight hours (one-half hour before sunrise to one-half after sunset). The Government may restrict operations on weekends of expected high use.

The Government reserves the right to specify the sequence in which the work is performed.

FIRE CONTROL

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

(b) 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 handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. 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 or higher rating.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(C) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift.