MOD | F | Camp McLoughlin Demonstration Project: Hazard Tree Removal, Felling, Hauling, Decking, and Slash Treatment at Developed Recreation Site, Lake of the Woods, Klamath Ranger District, Fremont-Winema National Forests - Amendment 1

FBO DAILY ISSUE OF APRIL 14, 2011 FBO #3428
MODIFICATION

F -- Camp McLoughlin Demonstration Project: Hazard Tree Removal, Felling, Hauling, Decking, and Slash Treatment at Developed Recreation Site, Lake of the Woods, Klamath Ranger District, Fremont-Winema National Forests - Amendment 1

Notice Date: 4/12/2011
Notice Type: Modification/Amendment
NAICS: 115310 — Support Activities for Forestry
Contracting Office: Department of Agriculture, Forest Service, R-6 Southeastern Oregon ZAP, Winema NF, 2819 Dahlia Street, Klamath Falls, Oregon, 97601
ZIP Code: 97601
Solicitation Number: AG-04P5-S-11-0003
Point of Contact: Sonya C. Hickman, Phone: (541) 883-6776, Mark Nigh, Phone: 541-783-4088
E-Mail Address: shickman@fs.fed.us, mnigh@fs.fed.us
(shickman@fs.fed.us, mnigh@fs.fed.us)
Small Business Set-Aside: Total Small Business
Description: Attachment to Amdt. 1: Camp McLoughlin Demonstration Project -- detailed list of hazard trees. Attachment to Amdt. 1: Camp McLoughlin Master Plan Draft Map Amendment No. 1 to Solicitation No. AG-04P5-S-11-0003 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation document will not be issued. This solicitation is a request for proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular No. 2005-50. The North American Industrial Classification System (NAICS) code for this procurement is 115310, with a small business size standard of $7.0 million. This procurement is 100% set-aside for small business concerns. The Klamath Falls Office of the Central Oregon Acquisition Management Area is seeking to purchase services for the felling and bucking of marked hazard trees, for the boraxing of felled tree stumps, for the trimming of felled tree limbs and tops into firewood lengths,for the clean up of slash created under this contract, and for the hauling of tree boles. These services will occur at the Boy Scout Camp site, Camp McLoughlin, at Lake of the Woods on the Klamath Ranger District of the Fremont-Winema National Forests. All interested companies shall provide proposal(s) for the following: REQUIREMENTS Line Estimated Item Description Quantity Unit Unit Price Total 1 Cut and buck green-marked trees. Unit 1 44 Tree $________ $__________ Unit 2 6 Tree $________ $__________ Subtotal Item No. 1 $__________ +++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 2 Borax application Unit 1 40 Stump $________ $_________ Unit 2 4 Stump $________ $_________ Subtotal Item No. 2 $_________ +++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 3 Trim tops and limbs into firewood lengths; Treat Slash. Unit 1 44 TREE $__________ $__________ Unit 2 6 TREE $__________ $__________ Subtotal Item No. 3 $__________ +++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 4 Haul tree boles to Pearce Point and deck. Unit 1 44 Tree $_________ $___________ Unit 2 6 Tree $_________ $___________ Subtotal Item No. 4 $___________ +++++++++++++++++++++++++++++++++++++++++++++++++++++++++ TOTAL ITEMS 1 through 4 $_______________ NOTE PRE-BID/PRE_PROPOSAL CONFERENCE OPPORTUNITY CONTAINED HEREIN +++++++++++++++++++++++++++++++++++++++++++++++++++++++++ DESCRIPTION OF REQUIREMENTS Background: The Fremont-Winema National Forests, Klamath Ranger District, is initiating a Vegetation Demonstration Project in the Lake of the Woods recreation area, specifically in the Camp McLoughlin Boy Scout Camp. The Camp McLoughlin Demonstration Project will address current forest health and insect and disease concerns within the recreation area. The services being solicited in this solicitation are to fall and remove large hazard trees and cleanup resulting debris from tops and damaged trees. Camp McLoughlin contains many physical improvements including, but not limited to, living structures, tent sites, eating and meeting structures, restrooms, docks, numerous outbuildings, and wood sheds. Electrical power is underground, as are waterlines. The area has a high concentration of danger trees. Since the proposed treatment takes place around structures and improvements as well, safety is a high concern. The following list displays some measures that need to be addressed in any submitted proposal: • Coordination of activities with the Forest Service and slated Camp Activities. • Adequate signage for operational areas. • Coordination in the temporary closing of roads, when necessary. • Methods of informing forest users, hikers, anglers, and any adjacent homeowners of impending work. SCOPE OF CONTRACT: The purpose of this Request for Proposal is to secure services for the cutting, limbing, bucking, slash cleanup, and hauling and decking of green-marked trees. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies, and incidental to perform all work. This is a performance-based contract. LOCATION AND BOUNDARIES: • Location: The project area can be reached by proceeding west on State Highway 140 from Klamath Falls, Oregon, to the junction of State Highway 140 and Forest Service Road (FSR) 3601, a distance of approximately 35 miles. Turn south onto FSR 3601 and continue for approximately ¼ mile to Camp McLoughlin. Camp McLoughlin encompasses approximately 56 acres. • Boundaries: Boundaries are marked with blue timber sale contract boundary tags and yellow flagging. The corners of the boundary tags are painted with orange tracer paint dots on tags and boundary trees. There is an equipment exclusion zone (EEZ) around the lake and Dry Creek designated with white tags. The EEZ boundaries are approximately 25 feet from the unit boundaries. ACCESSIBILITY: The general areas of work can be reached by Forest Service roads that are accessible by standard pickup truck, weather permitting. The Government assumes no obligations to do special road maintenance to keep roads open. In order to minimize soil erosion and damage to National Forest lands and roads, all roads are subject to closure during spring and fall breakup or whenever soil or weather conditions require. At times spur roads shown on project maps may not be accessible by vehicle but show a previously known road to the work area. No vehicles will be permitted to operate off system roads without approval of the Contracting Officer. Subgrade soil moisture on FS Road 3601 is a concern. Hauling on FS Road 3601 is only permissible if the subgrade is frozen or dry. Contractor may plow FS Road 3601 to allow equipment to access the site, dependent on road conditions and prior Government approval. ITEM 1 REQUIREMENT: Cutting, Limbing, and Bucking of Green-Marked Trees. The offeror shall base pricing on the cutting, limbing, and bucking of large hazard trees, and trees damaged during felling operations. There are approximately 50 green tracer paint-marked trees designated to be cut. All trees shall be felled in such a manner as to minimize damage to existing standing trees, structures, and improvements. Some examples of possible ways to accomplish this include but are not limited to directional falling, jacking, crane use, climbing and chunking, and pulling down by cable. Trees shall be limbed and bucked to preferred log lengths (provided at post-award conference). Stump heights shall not exceed 12 inches and all stumps shall be smooth and not have jagged edges. Fallen hazard trees and trees damaged during felling operations shall not obstruct camp trails or roads. The cutting, limbing, and bucking of these green-marked trees consist of all activities normally associated with cutting and bucking of trees of this type. Estimated start work date for this item is April 25, 2011. All work shall be completed by June 5, 2011 for this item. ITEM 2 REQUIREMENT: Apply Sporax to White Fir and Shasta Red Fir stumps. Apply sporax to all White Fir and Shasta Red Fir that were felled in Item 1 and are 18 inches or larger in diameter at the stump. There are approximately 50 trees of these species. Apply enough sporax to lightly cover stump surface including exposed wood surfaces on all sides (approximately 1 pound borax per 50 square feet of exposed wood surface). Apply the material to all exposed wood surfaces. Stumps shall be level and have no splinters. The prescribed method of application is to sprinkle the material salt shaker-style on the freshly cut stump surface. Treatment shall be done as soon after tree felling as practical, preferably within 1 or 2 hours, but by no later than the end of the work day in which the tree was felled. The application of Sporax consists of all activities normally associated with Sporax application to tree stumps of this type. Estimated start work date for this item is April 25, 2011. All work shall be completed by June 5, 2011, for this item. ITEM 3 REQUIREMENTS: Cleanup of created slash Tops of felled, hazard trees and damaged trees from Item 1 down to three inches in diameter on the large end shall be bucked into 16-inch firewood lengths and left on site. Slash material created from the operations under this contract that is less than 3 inches in diameter on the large end shall be placed in piles on the site. Slash that is to be piled shall be piled in such a manner as to facilitate easy access for future retrieval and chipping. No chipping is to take place under this contract. The treatment of slash and debris from the tops of felled and damaged trees consists of all activities normally associated with slash treatment of this type. This portion of the contract requires the Contractor to have a valid State Farm/Forest Labor License and a valid DOL Farm Labor Contractor Certificate. Contractor may also claim to be exempt from these licenses but must state the specific reason(s) for exemption. Estimated start work date for this item is April 25, 2011. All work shall be completed by June 5, 2011. ITEM 4 REQUIREMENTS : Removal of Green-Marked Trees to Pearce Point Logs shall be skidded to landings on designated skid trails with minimal damage to existing trees. Logs shall be hauled to Pearce Point and shall be consolidated and placed in a designated area. The cutting and removal of these green-marked trees consist of all activities normally associated with cutting and removal of trees of this type. Estimated start work date is dependent on weather conditions. Work can take place on this item if the ground is either frozen hard and the subgrade on paved roads to be travelled by logging trucks remains frozen; OR work can also take place later in the season, when the ground is dry, paved road conditions are suitable for hauling logs, and the Boy Scout Camp Schedule allows. It is estimated that late August 2011 may afford an operating window. Actual start work date will be negotiated with Contractor. Estimated contract time is 5 calendar days. All work shall be completed on this item by September 1, 2011. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ MOTORIZED EQUIPMENT : Motorized equipment other than approved project equipment shall not be driven off designated roads without approval of the Contracting Officer. Equipment will not be allowed to travel cross country from one unit to another without prior approval of the Contracting Officer. LIABILITIES: The Contractor shall assume all risk and loss or damage to Contractor equipment and personal injury to Contractor or their employees and shall hold the Government and its employees harmless from liability of any nature or kind resulting from Contractor performance under this contract, except for negligent acts by the Government employees. DEFINITIONS OF TECHNICAL SPECIFICATION TERMS: Calendar Day: Every day shown on the calendar. Leave tree: Any tree smaller than 40 inches DBH not marked for cut with yellow, blue, or green paint. Slash: Woody material created by contractor's actions under this contract, suspended or down, including broken tops, limbs, branches, stems, chunks, and standing damaged trees. This includes material that may have been generated by trees damaged by contractor's falling operations. Select Tree: Any tree larger than 40 inches DBH not marked for cut with yellow, blue, or green paint. CONTROL OF WORK : The Contractor agrees to conduct its operations under this contract and other related business activities in compliance with Federal, State, and local statutes, standards, orders, permits, and other regulations. The Contractor shall meet all State and local environmental quality laws applicable to National Forest System lands. The Government may specify a priority of work by item(s) or subunits within the items during the period of the contract. If any cultural or archaeological sites are discovered during operations of this contract, work will be suspended in the immediate vicinity of the site until a reconnaissance survey is completed by the Forest Archaeologist. Areas excluded from treatment shall be deleted from the contract. Project work may be done at any time during the term of the contract, Monday through Friday, 07:45 am to 4:30 pm, except under the following conditions: Weather predictions indicate a hazardous fire condition warranting curtailment of operations, as specified elsewhere in this contract. No work shall be performed when Camp McLoughlin is hosting Boy Scout activities. Typically, these activities occur from June through August annually. Seasonal wildlife restrictions may apply. CONTRACTOR OBLIGATIONS (a) Furnish all labor, equipment, supplies, materials, supervision, and incidentals to perform the contract work as set forth in the specifications. EQUIPMENT REQUIREMENTS (a) Restriction of equipment is necessary to protect the soil resource and the existing physical improvements. Equipment shall meet the following requirements: (1) ground pressure - Machinery will be 6 psi or less. (2) width of equipment - equipment shall not be wider than 10 feet at any point. All equipment shall comply with OSHA, State, and local safety standards. PROTECTION OF OTHER RESOURCES (a) Vehicles used for transporting equipment, personnel, or supplies will be restricted to established roads. (b) The Contractor shall exercise extreme care to prevent damage to all structures and improvements in the work areas. The Contractor shall be held liable for all damages caused by his/her personnel and/or equipment to any existing structures or other improvements. Repairs to these structures and improvements shall be accomplished in a timely manner at no additional cost to the Government. Examples of structures and improvements include, but are not limited to, the following: (1) Fences and gates. (2) Roads, spurs, and firelines. (3) Water bars. (4) Posted monuments, corners, and accessories. (5) Select Trees. (6) Leave Trees. (7) Electrical lines. (8) Water lines. (9) Living structures. (10) Tent sites. (11) Eating and meeting structures (12) Restrooms (13) Docks (14) Numerous outbuildings (15) Wood sheds (c) Contractor shall not drive off an open system road, except with approved project equipment. (d) Treatment of slash shall be accomplished with the least possible damage to ground cover, soil, and standing leave trees. (e) If in the opinion of the Contracting Officer damage to leave trees is excessive, the Contractor shall be required to alter his/her operations to prevent the occurrence of such damage. A cost of $50.00 per tree will be charged. (f) Trees knocked over or uprooted shall be cut leaving a stump no higher than 12 inches above the ground and shall be treated as any other slash in the unit. (g) Riparian Areas are to be protected from machinery as follows: (1) No mechanical equipment will be operated between the EEZ zone boundary and the unit boundary adjacent to the lake and Dry Creek. (2) Equipment will not be permitted to cross meadows, stream channels, or other non-work areas except as approved by the Contracting Officer. (3) Areas flagged with lime green flagging or staked with blue stakes will be avoided in order to protect resources. (h) Select trees shall be protected from damage or destruction. In the event select trees are unnecessarily or negligently damaged or destroyed by the Contractor, such damage will cause serious and substantial silviculture or other damage to the National Forest. Therefore, the Contractor shall pay $500.00 for each damaged select tree and $50.00 for each leave tree damaged. "Damaged", as defined herein, includes any injury to the living crown, bole, or roots of the trees. If areas are marked on the ground around select trees, operation of any heavy equipment within the area shall be considered to be root damage to the trees. If areas are not marked on the ground, equipment shall not operate under the crown of the select trees. DATA COLLECTION REQUIREMENTS FOR TITLE II SPECIAL PROJECTS ON FEDERAL LANDS ( Public Law 106-393, Section 203 (b)(6)) This project work is funded under Public Law 106-393, Section 203 (b) (6). The initiative is partially intended to provide funding to counties affected by reduction in timber revenues. In order to assess the results of this initiative, the Contractor shall provide the Contracting Officer with the following data, relative to both prime and any subcontract(s), following completion of contract work and prior to final payment and contract closeout: (a) Number of workers employed on the contract, including managers, supervisors, and support. (b) Number of days these workers worked on the contract. (Total based on an eight (8)-hour workday.) (c) Total number of local workers employed on the contract, including managers, supervisors, and support. (d) Number of days the local workers worked on the contract. (Total based on an eight (8)-hour workday.) (e) Number of local workers, if any, that were trained on this contract. (f) Description of any products manufactured, or produced under the terms of this contract. The Contractor shall submit responses to questions (a) through (f) to the Contracting Officer with the final invoice. INSPECTION OF EQUIPMENT The Contractor shall furnish equipment to be used prior to beginning work under this contract for Government inspection, if requested by the Contracting Officer. The Contractor shall assure the offered equipment meets all contract specification prior to the inspection. If the equipment is found to be in such a condition as to indicate the need for frequent repairs and delays in performance, it shall be rejected. The decision of the Contracting Officer on equipment acceptance is final. The Contractor shall be responsible for any cost associated with making equipment available for inspection. Equipment which is deemed as unacceptable by the Government will receive no payment of transportation costs or other associated costs. If the Contractor provides less than acceptable equipment twice in a field season, the Contractor may be found in non-compliance with the requirements and the Contract may be terminated for default. CULTURAL RESOURCE PROTECTION Location of known historic or prehistoric sites, buildings, objects and properties related to America history, architecture, archaeology and culture protection by the Antiquities Act of 1906 (16 USC 431-433), National Historic Preservation Act (16 USC 470) and the Archaeological Resources Protection Act (16 USC 470 aa-ll) and 36 CFR 261.9 (h) shall be identified on the ground by the Forest Service. Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under Acts, regardless of when the area, object, or artifact is discovered or identified. Discovery of such areas or objects by either party shall promptly be reported to the other party. Contractor shall avoid identified sites by prohibiting entry of sites by Contractor's personnel and equipment and shall protect all known and identified historical or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology, and culture against destruction, obliteration, removal, or damage during Contractor's operations. PUBLIC SAFETY The Contractor shall furnish and maintain all temporary traffic controls that provide the forest user with adequate warning of hazardous or potentially hazardous conditions associated with operations being performed under this contract. Signs shall be posted on all roads that intersect the operations and on both ends of the operation. GOVERNMENT QUALITY ASSURANCE The Government may, at its option, conduct inspections of Contractor work and Contractor quality control inspections to determine compliance with contract requirements. Government inspection may be based on 100 percent visual inspection of an area or sub-item. Any finding of Contractor failure to comply with contract requirements shall be unacceptable. The Government Quality Assurance Surveillance Plan is included in the attachments to this solicitation and any resultant contract. CONTRACTOR QUALITY CONTROL The Contractor shall inspect their completed work to determine compliance with the specifications. Their inspection system shall be recorded on the enclosed Contractor's Quality Control Plan and approved by the Government prior to the start of any work performed under this contract. UNSATISFACTORY WORK When Government inspection results indicate a product that does not meet the acceptable quality levels specified in the Quality Assurance Surveillance Plan for this project, the Contractor shall remedy the deficiencies as defined in the Quality Assurance Surveillance Plan. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) (APR 1984) The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use as stated in the Item Requirements for each line item. Estimated start date is April 25, 2011, for items 1, 2, and 3. Estimated start date for item 4 is as stated in the Item Requirements for Item 4. INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-1)(JAN 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective -- (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. SUSPENSION OF WORK (FAR 52.242-14) (APR 1984) (a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government. (b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified),an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract. (c) A claim under this clause shall not be allowed -- (1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and (2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, to access roads to the project, or to adjacent property. Such action would include, but not be limited to, instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications such as, but not limited to, placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment. PROSECUTION OF WORK (a) Work shall be scheduled to provide completion of segments on a daily basis, unless otherwise herein provided. (b) A work schedule shall be prepared by the Contractor and submitted to the Contracting Officer, based on priorities provided in the contract, unless superseded by the Contracting Officer in advance of work by a Work Order. (c) The Contracting Officer may require the Contractor to finish the portion in progress before additional work is started on any additional portion. (d) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel and equipment during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site. POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held within 5 days after the date of contract award. The conference will be held at the Klamath Falls Office of the Fremont-Winema National Forests, 2819 Dahlia Street, Klamath Falls, OR 97601. INSURANCE COVERAGE (AGAR 452.228-71) (NOV 1996) (ALTERNATE I) (NOV 1996) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below: (a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers. (b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss. (d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. KEY PERSONNEL (AGAR 452.237-74)(FEB 1988) (a) The Contractor shall assign to this contract the following key personnel: (1) Equipment operators involved in items 1, 3, and 4 of the schedule of items. (b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions. (c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel. AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http:// www.usda.gov/procurement/policy/agar.html 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-77 Emergency Response (NOV 1996) 452.237-75 Restrictions Against Disclosure (FEB 1988) DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed, as soon as possible, of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR, provided they do not affect the delivery schedule or performance period stated in the contract.) On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim. NOTIFICATION OF SUBCONTRACTING The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The written notification shall include as a minimum: (a) The name, address, and telephone number of the subcontractor. (b) The date upon which the subcontract was entered into and its duration. (c) A detailed description of the work being subcontracted, including a listing of contract items, units, etc., as appropriate. (d) Documentation of the subcontractor's representative authority. EMPLOYMENT OF ELIGIBLE WORKERS (FSAR 4G52.222-701) (DEC 1999) Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS), now the United States Citizen and Immigration Services, established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a). The contractor is required to: (1) Have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) Examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) Record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer. It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status. Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law. For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local United States Citizens and Immigration Services office. LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS (FSAR 4G52.222-702) (DEC 1999) (a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to recruiting, soliciting, hiring employing, furnishing, or transporting any migrant or seasonal worker for predominately manual forestry work including, but not limited to, tree planting, brush cleaning, precommercial tree thinning, and forest fire fighting. (b) Definitions. "Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only: (1) Spouse; (2) Children, stepchildren, or foster children; (3) Parents, stepparents, or foster parents; and (4) Brothers and sisters. "Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker. (c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal Department of Labor Certificate of Registration. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate. (d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, recordkeeping, vehicle safety, and housing: (1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor. (2) Wage and Payroll Standards (i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure. (ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records must be retained for three years. (iii) Payments must be made no less frequently than every two weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which shall include the employer's tax identification number. (iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week. (3) Motor Vehicle Safety (i) The contractor shall be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee. (ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles by a farm labor contractor or agricultural employer to transport any migrant or seasonal agricultural worker must comply with Department of must comply with Department of Transportation Regulations at 29 CFR 500.105. One trip may have numerous stops. All drivers shall have a current, valid State driver's license. (iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement. (4) Housing (i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency or, if permitted by the Forest Service, in a camp on National Forest Lands as in 4G52.222-705. The contractor must post the certificate of occupancy at the housing site. (ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate. (e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT REGISTRATION (FSAR 4G52.222-703) (DEC 1999) The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number. If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract. The MSPA Registration Number is the number on the Farm Labor Contractor's DOL-issued Certificate. The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA. Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law. PERSONAL PROTECTIVE EQUIPMENT (FSAR 4G52.222-704) (FEBRUARY 2007) The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities must be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment must not be used. The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps must cover the full length of the thigh and must extend to the top of the boot on each leg. The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw. In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at not cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American national Standards Institute (ANSI) standard Z89.1-1997. The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise, i.e., chain saw operations. CAMPING NOT ALLOWED ON FOREST No camping will be allowed on the Klamath Ranger District for the contractor or any contractor employees. STATE FARM/FOREST LABOR LICENSE (a) Farm Labor Contractor's Laws require farm/forest labor Contractors to register with and be licensed by the State. SAFETY The Contractor shall abide by all Federal and State laws pertaining to the health and safety of individuals on the worksite. This includes minors working or observing the operations of the work in the field. CONTROL OF NOXIOUS WEEDS--CLEANING OF EQUIPMENT (DEC 1997) To prevent the introduction and control the spread of seeds of noxious weeds onto and around National Forest land, the Contractor shall ensure all equipment moved onto National Forest land is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. When the Contractor is working in an area that has been identified as a noxious weed infestation area, the Contractor shall ensure equipment is cleaned of weed seeds prior to moving to another work area on the Forest. The Contractor shall employ whatever cleaning methods necessary to ensure compliance with the terms of this provision, and shall notify the Forest Service prior to moving each piece of equipment onto National Forest land, unless otherwise agreed in writing. Notification will include identifying the location of the equipment's most recent operations. The Contractor shall certify, in writing, compliance with the terms of this clause prior to each start-up of operations. For the purposes of this clause, "equipment" includes all motorized equipment operated off system roads, transport vehicles, and all motorized equipment used in road maintenance. Not included are log trucks, chip vans, pickup trucks, cars, or other vehicles used to daily transport personnel. Wage Determination No. 1977-0079, Revision No. 41, 11/05/2010, is included as an attachment and applies to this contract. The Quality Assurance Surveillance plan is included as an attachment and applies to this contract. Site and Vicinity Maps are included as attachments and apply to this contract. The form entitled Contractor's Performance Data Sheet is included in the attachments to this solicitation. A sample form for the required Title II Reporting is included in the attachments to this solicitation. The Provision at 52.212-1, Instructions to Offerors -- Commercial Items, applies to this acquisition. The following are addenda to the provision: (a) No faxed proposals will be accepted. (b) The Office specified for receipt of proposals is: Fremont-Winema National Forests Klamath Falls Office ATTN: AQM 2819 Dahlia Street Klamath Falls, OR 97601 (c) Offers are to contain both a completed schedule of items page (pricing) and a technical proposal. The pricing and the technical proposals shall be separate documents. (d) TECHNICAL PROPOSAL: Five copies of the Technical Proposal shall be submitted. The technical proposal shall consist of the following: (1) Completed Past Performance Data Sheets (found in attachments to this solicitation) for similar projects completed within the last 5 years. A separate data sheet and any additional information shall be submitted for each similar project referenced. (2) A description of the technical approach the firm intends to utilize to perform the work requirements. The elements of the technical approach are listed as follows, in order of importance: (i) A narrative explanation for the performance of the requirements. This performance plan shall be explicit and shall not be merely a re-stating of the requirements. List all applicable licenses or the reason(s) why they are not required. Show ability to be insured for the requirements of this project. Include a safety plan tailored for this project. (ii) The qualifications and experience of key personnel. Key personnel are considered to be all operators of the proposed equipment. (iii) A list and description of the types of equipment to be used along with the reasons why this equipment is seen as desireable for performance of the requirements. (iv) A proposed progress schedule for the requirements. This progress schedule should reflect a realistic target, given expected performance utilizing the equipment and personnel specified. (v) A quality assurance plan. This plan must exhibit an understanding of the requirements and a method of quality assurance that is tailored to the successful, timely completion of the requirements. (vi) Other information which the offeror deems necessary for the quality of the proposal. (3) The offeror's proposed plan for utilizing local resources and workers. Local residency alone does not indicate the use of local resources and workers. All offerors must include a description of their recruitment methods for hiring and retaining local workers and of their planned expenditure of funds to purchase locally. Copies of company literature, brochures, or other information may be attached, if appropriate. Extensive, elaborate and specially prepared attachments are neither required nor desired. The Government is not obligated to request additional information and, in the absence of appropriate information, the Government may rely on personal knowledge of the firm. ADVICE TO OFFERORS Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with their offer. This provision, with addenda, is included as an attachment to this solicitation. PRE-BID/PRE-PROPOSAL CONFERENCE(AGAR 452.237-71) (FEB 1988) (a) The Government is planning a pre-bid/pre-proposal conference, during which potential offerors may obtain a better understanding of the work required. (b) Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference. Questions will be considered at any time prior to or during the conference; however, offerors will be asked to confirm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and answers, and a list of attendees, will be disseminated. (c) In order to facilitate conference preparations, it is requested that the person named on the Standard Form 33 of this solicitation be contacted and advised of the number of persons who will attend. (d) The Government assumes no responsibility for any expense incurred by an offeror prior to contract award. (e) Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer. (f) The conference will be held: Date: Monday, April 4, 2011 Time: 1:00 pm local time Location: Meet at the Snowpark on Highway 140 closest to the junction of Hwy 140 and FS Road 3601. Walk to FS Road 3601. Walk in to Boy Scout Camp on groomed snowmobile trail, approx. ¼ mile, then snowshoe to various locations within the project area. Snowpark permits may be required and can be obtained from any Oregon DMV Office. Questions on the logistics of this site visit may be addressed to: Mike Coggin: 541-783-4063 Mark Nigh: 541-783-4088 The Provision at 52.212-2, Evaluation -- Commercial Items, is applicable to this solicitation. The following information applies: Continuation of Paragraph (a) of 52.212-2: "(1)Proposal Evaluation Proposals shall be evaluated on the following factors: (i) Technical Proposal's ability to meet the Government's needs. The technical proposal consists of three major components, listed in descending order of importance: Past performance, Technical approach, and Use of local resources and workers. (ii)Price reasonableness of the price proposal. The Technical Proposal and the Price proposal are considered approximately equal in value for award purposes. If there are technical proposals that are equal or very close to equal in value, price shall be the deciding factor in determining an award. AWARD Award shall be made to the offeror whose proposal, conforming to the requirements of the solicitation, offers the best value to the Government, considering technical proposal (including past performance,technical approach, and utilization of local resources and workers) and price. " The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/far The following solicitation provisions apply to this acquisition: • FAR 52.212-3, "Offerors Representations and Certifications - Commercial Items (MAR 2011)" NOTE: This provision is included in the attachments to this solicitation. Offerors must complete annual representations and certifications on-line at https://orca.bpn.gov in accordance with FAR 52.212-3, "Offerors Representations and Certifications - Commercial Items." If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: • FAR 52.212-4, "Contract Terms and Conditions - Commercial Items (JUNE 2010)" Addenda to FAR52.212-4: • FAR 52.212-5, "Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JAN 2011)" The following sub-paragraphs of FAR 52.212-5 are applicable: (b) (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). Not applicable to contracts with an individual. (b) (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). (b) (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). (b) (20) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)). (b) (21) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755). (b) (22) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126). (b) (23) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). (b) (24) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (b) (25) 52.222-35, Equal Opportunity for Veterans (SEP 2010)(38 U.S.C. 4212). (b) (26) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). (b) (27) 52.222-37, Employment Reports on Veterans, (SEP 2010) (38 U.S.C. 4212). (b) (33) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513). (b) (34) 52.225-1, Buy American Act-Supplies (FEB 2009) (41 U.S.C. 10a-10d). (b) (37) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (b) (42) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). (c) (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (c) (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage -- Fringe Benefits GS 462-7 $19.21/hr. plus fringe WG 5716-2 $20.40/hr. plus fringe Offers are due at the following location no later than 4:30 pm, local time, on Monday, April 18, 2011: Fremont-Winema National Forests Klamath Falls Office ATTN: AQM 2819 Dahlia Street Klamath Falls, OR 97601
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Place of Performance: Address: Camp McLoughlin Boy Scout Camp, and Pearce Point, Lake of the Woods, Klamath Ranger District, Fremont-Winema National Forests, Klamath Falls, Oregon, 97601, United States; Zip Code: 97601
Record: SN02422723-W 20110414/110412234610-f1af68bf7afc21d9753390e5d7e39cc2 (fbodaily.com)
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F -- Camp McLoughlin Demonstration Project: Hazard Tree Removal, Felling, Hauling, Decking, and Slash Treatment at Developed Recreation Site, Lake of the Woods, Klamath Ranger District, Fremont-Winema National Forests - Amendment 1