0. 1282AT20R0004, SF1449andSolTerms.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

82AT

FORT COLLINS CO 80526-8119

2150 CENTRE AVENUE BUILDING E

ARAPAHOE-ROOSEVELT NF PAWNEE NG

USDA FOREST SERVICE

CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR82AT

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/21/2020 1500 MT

07/22/2020

970-295-6680KLENISE WALLACE

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1282AT20R0004

5. SOLICITATION NUMBER

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

1 40 995292OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

FORT COLLINS CO 80526

2150 CENTRE AVE BLDG E

EMAIL KLENISEWALLACEUSDAGOV

ATTN KLENISE WALLACE

USDA FOREST SERVICE

15. DELIVER TO

FORT COLLINS CO 80526-8119

2150 CENTRE AVENUE BUILDING E

ARAPAHOE-ROOSEVELT NF PAWNEE NG

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

IGF::OT::IGF

Reference Solicitation No.: 1282AT20R0004

Project Name: CLRD Big Thompson Revegetation

Description: The USDA Forest Service has a requirement for revegetation efforts on stream adjacent areas impacted by 2013 flooding and road re-construction efforts post flooding.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

KLENISE S. WALLACE

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

Company Name:

Address:

DUNS No.

POC Name:

POC Email:

POC Direct Ph.:

klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Project Location: The Project is located on the

Canyon Lakes Ranger District of the Arapaho and

Roosevelt National Forests and Pawnee National

Grassland (ARP) in Larimer, Colorado. The entire project area encompasses 9.5 acres on National

Forest System (NFS) lands. The project area treatment units are located adjacent to County

Road 43 along the North Fork Big Thompson River near Glen Haven, CO in Larimer County.

Instructions to Offerors: Submit proposal elements in accordance with Section E.1.

Pre-Bid Meeting: See Section E for the non-mandatory pre-bid/site visit instructions.

Set Aside: Total Small Business

Wage Determination: SCA 1976-1351, Revision 59

Dated 19 February 2020

Delivery: 05/28/2021

Period of Performance: 08/31/2020 to 05/28/2021

0001 CLRD Big Thompson Revegetation

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

40 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 40

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1282AT20R0004

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. 1282AT20R0004 Arapaho Roosevelt National Forests – Canyon Lakes Ranger District Page 4 of 40 CLRD Big Thompson Revegetation

Continuation of SF 1449

Blocks 27 (a) and (b): The full text of a clause or provision may be accessed electronically at https://www.acquisition.gov/browse/index/far.

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

Biobased / Biopreferred, Sustainable Products Program This procurement requires the use of bio-based products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P). For more information on biobased program and products, refer to the links under Section B.

Notice(s):

These solicitation/contract terms follow the Commercial Contract Format as stipulated in FAR Subpart 12.303. All Sections in these terms are a continuation of Section A, Form 1449.

https://www.acquisition.gov/browse/index/far

Arapaho Roosevelt National Forests – Canyon Lakes Ranger District Page 5 of 40 CLRD Big Thompson Revegetation

TABLE OF CONTENTS

SECTION A – CONTINUATION OF SF 1449, SCHEDULE OF ITEMS (SOI)

SECTION B – DESCRIPTION/SUMMARY OF WORK

B.1 DESCRIPTION/SUMMARY OF WORK

B.2 CONTRACT ADMINISTRATION

SECTION C - CONTRACT CLAUSES

SECTION D – DOCUMENTS, EXHIBITS OR ATTACHMENTS

SECTION E – SOLICITATION PREVISIONS

E.1 INSTRUCTIONS TO OFFERORS

E.2 ADDENDUM

E.3 EVALUATION OF OFFERORS

E.4 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

Arapaho Roosevelt National Forests – Canyon Lakes Ranger District Page 6 of 40

SECTION A – CONTINUATION OF SF 1449, SCHEDULE OF ITEMS (SOI)

For the purpose of this solicitation, Contractor shall complete the schedule of items in accordance with instructions shown in Section E. DO NOT provide pricing within this form.

19.

Item No.

20.

Schedule of Supplies/Services (Description)

21.

Quantity

22.

Unit of

Measure 23b.

Unit Price 24b.

Total Price

1.0 Mobilization 1 LS $0.00 $0.00

2.1 Hydraulic Application of Soil Amendments, Seed, and Erosion Control per Specifications 5.6 Acre $0.00 $0.00

2.2 Procurement of tubling sized plants per species list and number planted 810 EA $0.00 $0.00

2.3 Procurement of container sized plants per species list and number planted 210 EA $0.00 $0.00

2.4 Labor for planting container plants 120 HR $0.00 $0.00

3.1

Removal of residual flood debris, including metal, plastic, garbage, per specifications. (Primarily in Treatment Area "Monument Rock to B4") 1 LS $0.00 $0.00

TOTAL ITEMS $0.00

For the purpose of this solicitation, Contractor shall complete the schedule of items in accordance with instructions shown in Section E. DO NOT provide pricing within this form.

Arapaho Roosevelt National Forests – Canyon Lakes Ranger District Page 7 of 40

SECTION B – DESCRIPTION/SUMMARY OF WORK

B.1 DESCRIPTION/SUMMARY OF WORK

The USDA Arapaho Roosevelt National Forests have a requirement for revegetation efforts on stream adjacent areas impacted by 2013 flooding and road re-construction efforts post flooding.

The primary purpose of the project is to complete re-vegetation efforts on stream adjacent areas impacted by the 2013 floods and by road reconstruction efforts following the floods. Past revegetation treatments have been completed in some of the treatment polygons (Table B.1) and some are shown only needing partial treatment.

Table B.1 Treatment Polygons

Treatment Polygon Name Polygon Acres Amount of Treatment CFL Monument Rock to B4 0.92 Full CFL B7 to B6 1.68 Partial CFL B8 to B7 1.25 Partial CFL B6 to B5 0.84 Partial CFL B5 to monument rock 0.91 Partial

TOTAL 5.6

There are 3 items required for the completion of this work.

Item 1. Hydraulically apply soil amendment, seed, and Flexible Growth Medium (hydro-mulch) over approximately 5 acres on 5 separate treatment polygons (see Table 1, above, and project map attached). Treatments would be focused in areas with sparse vegetation while densely vegetated areas, rock armored fill slopes, rock outcrops and frequently flooded areas would be avoided. Seed, soil amendments, and tackifier will be applied in first application, following manufacturer recommendations for dilution and preparation. The Flexible Growth Medium will be applied in a separate application after Materials and Application Rates:

Seed. Seed will be furnished by the USFS with the application rate on the seed bag

Soil amendments. Biotic Soil Amendment/ Biotic Soil Media which is hydraulically applied at the rate 4,000 lbs./ac which contains bark and wood fibers with the below properties:

• Organic Material ˃ 90%

• Water Holding Capacity ˃ 500%

• pH = 6.0 ± 1.0

• Thermally Processed Bark and Wood Fibers = 94%

• Blend of Polymers, Biochar, Seaweed Extract, Humic Acid and Endomycorrhizae = 6%

• Moisture Content = 12%

Slow release, organic fertilizer which is hydraulically applied at the rate of 2,000 LB/AC which is a byproduct of dried poultry manure with a NPK analysis of 4-6-2 containing 3% Biochar, 30,000 propagules Endo Mycorrhizae and 11% Humate. (Rate can be altered if soil tests warrant it.)

Lot 125 is a biologically enhanced product that aids in the conversion of fertilizer to complex plant nutrients, helps buffer salts, and augments micronutrient availability. Applied hydraulically at the rate of 60 GAL/AC (Rate can be altered if soil tests warrant it.)

Sulphur to buffer PH applied at the rate of 2,000 LB/AC (Product can be omitted if soil tests warrant it.)

Tackifier. Tacking agent which is hydraulically applied at the rate 30 LB/AC

Arapaho Roosevelt National Forests – Canyon Lakes Ranger District Page 8 of 40 CLRD Big Thompson Revegetation

Flexible Growth Medium. HP-FGM Hydromulch which is hydraulically applied (after seed, amendments, and tackifier) at the rate of 3,000 LB/AC which contains 100% thermally refined wood fibers, crimped interlocking biodegradable fibers, micro-pore granules, naturally derived cross-linked biopolymers and water absorbents. The FGM must meet the below specifications or greater:

• Cure Time = 0-2 Hours

• Functional Longevity = ≤ 18 months

• Thermally Processed Wood Fibers = 80%

• Wetting Agents-including high-viscosity colloidal polysaccharides, cross-lined biopolymers, and water absorbents

= 10%

• Crimped, Biodegradable Interlocking Fibers = 5%

• Micro-Pore Granules = 5%

Note: Treatment acres are less than polygon acres as none of the treatment polygons require complete coverage.

Item 2. Procure and plant locally adapted vegetation at pre-determined locations on 5 treatment areas. Specific locations, species and densities would be determined on-site by the USFS representative and contractor. Planting shall occur in the spring after hydraulic seed application and paid as a separate item. Care will be taken to avoid damage to hydro seeded areas.

30 count packs (large tublings) of the following species Number of Plants o 1 pack Douglas Fir 30 o 1 pack Ponderosa Pine 30 o 4 packs Narrowleaf Cottonwood 120 o 2 packs Colorado Blue Spruce 60 o 5 packs Peachleaf Willow 150 o 7 packs Chokecherry 210 o 7 packs red-osier dogwood 210

Extra-large pots of the following species o Jamesia 120 o Wood rose 90

Total Plants 1020

Item 3. Remove inorganic flood debris (physical hazards, not natural wood) from project area that can be removed without excavation. Cut buried rebar, cable or other partially exposed material flush with surface elevation. Dispose of material off of National Forest Lands in compliance with local, state, and federal law. Note. Minimal hazards/debris exist on these sites. Treatment cost shall be based on labor and disposal.

B.1.1. Performance of the Work The Contractor shall furnish the necessary labor/personnel, transportation, facilities, utilities, materials, equipment, supervision and management (except as otherwise specified) to perform the Statement of Work/Specifications identified herein. All work shall be conducted in a safe and expedient manner and in conformance with the specifications contained herein. There are 11 units in the project area.

Arapaho Roosevelt National Forests – Canyon Lakes Ranger District Page 9 of 40

B.1.1.1 Performance Measures Measure 1. The contractor shall provide documentation of materials procured

Measure 2. Immediately following treatment, the contractor and a USFS representative shall review each unit to ensure treatments were applied according to specification. The contractor will provide a written summary of work completed with actual quantities per treatment unit. The Forest Service will review for acceptance or rejection of completed work.

Measure 3.

M3.1. Six months following completion of all treatments, revegetation success will be monitored to ensure there is a survival rate of 90% for container stock and an herbaceous ground cover of greater than 50% for treatment areas.

M3.2. Contractor will warranty revegetation success. If revegetation success 6 months post-treatment produces survival rate less than 90% and an herbaceous ground cover of less than 50%, then the contractor will replant container stock or reapply soil amendment and seed in consultation with the Forest Service.

B.1.1.2 Boundaries Treatment units are shown in the attachments to the contract. Additionally the USFS shall stake and flag the upper and lower ends of each unit.

B.1.1.3 Contractor Requirements

B.1.1.3.1 The Contractor will provide temporary traffic controls as necessary to allow for transport of equipment, and to complete the work, at no additional cost. These controls shall be considered incidental to the work.

B.1.1.3.2 The Contractor shall protect any live stream in the area of the work from inadvertent discharge of any soil, construction materials or waste materials. While contractor is not responsible for obtaining a 404 Permit with the Army Corps of Engineers, the Contractor shall comply with the general conditions of any Army Corps of Engineers 404 Nationwide Permit (see https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll7/id/8593) issued for the work (as directed by the USFS).

B.1.1.3.3 The Contractor shall protect adjacent resources, from damage during construction and shall repair any incidental damage caused by the construction at no additional cost.

B.1.1.3.4 There are areas of sensitive nature outside the project limits; all work disturbances and equipment travel shall be contained within the work corridor as agreed to by the COR at the pre-work meeting.

B.1.1.3.5 The Contractor shall protect and maintain stakes placed by the USFS for control of the work. Should stakes be inadvertently removed the Contractor shall notify the USFS for re-staking as soon as possible.

B.1.1.3.6 Minor improvements for project access off of the county road may be required and allowed to accommodate equipment access; however, all improvements shall be approved by COR prior to implementation. It is anticipated that due to prior work in the area these improvements will have been completed and any additional improvements required will be minor and incidental to the work. If, at the time of performance, additional improvement is required it will be negotiated and added to the contract.

B.1.1.3.7 All trash and excess materials shall be removed from the site and National Forest System Lands and disposed of properly in accordance with local, state, and federal law.

B.1.1.3.8 Service vehicles and equipment must be clean of soils, organic material, weeds, and aquatic invasive species prior to transport to site. Equipment, including hand tools, will be inspected by a Government Technical Monitor (GTM).

Contact the GTM to coordinate inspection at least 48-hour prior to worksite access or mobilization. To clean vehicles and equipment, remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.). To disinfect equipment, the contract may use 1 of 2 acceptable procedures:

https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll7/id/8593

Arapaho Roosevelt National Forests – Canyon Lakes Ranger District Page 10 of 40 CLRD Big Thompson Revegetation

B.1.1.3.8.1 Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment a 1:15 (6%) solution of Quaternary Ammonia Compound institutional cleaner and water. Keep equipment moist for at least 10 minutes and rinse with fresh water. Follow label for proper disposal of Quaternary Ammonia Compound. -OR- B.1.1.3.8.2 Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment with water greater than 140 degrees F for at least 10 minutes.

B.1.1.3.9 Provide for public safety during all phases of operations. The Technical Proposal shall describe the Contractor’s mitigation measures to reduce the hazards associated with his operations, traffic control plans and methods of informing neighbors, visiting public, and passing travelers of on-going operations and hazards.

B.1.1.3.10 Some treatment units occur adjacent to private lands. Private Property rights shall be respected on adjacent deeded lands.

B.1.1.3.11 If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and cleanup of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer Representative and Contracting Officer.

B.1.1.4 Resource Protection Standards

B.1.1.4.1 Noxious Weeds. The Contractor shall insure all equipment moved onto National Forest Service (NFS) Land or from a unit where noxious weeds are known to be present into a unit where noxious weeds are not known present is free of soil, seeds, and vegetation matter or other debris that could contain or hold invasive weed seeds. The Contractor shall employ whatever methods necessary to insure compliance and shall notify the COR prior to moving each piece of equipment onto NFS land. Arrangements will be made for the COR a designated Inspector to inspect each piece of equipment prior to it being moved onto NFS land. UTVs/ATVs may be used to transport fuel on NFS land once the COR or a designated Inspector has performed an inspection and determined it to be free of soil, seeds, and vegetation matter or other debris that could contain or hold invasive weed seeds.

452.211-72 Statement of Work/Specifications. (FEB 1988) 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

B.1.2. Location of the Project The Project is located on the Canyon Lakes Ranger District of the Arapaho and Roosevelt National Forests and Pawnee National Grassland (ARP) in Larimer, Colorado. The entire project area encompasses 9.5 acres on National Forest System (NFS) lands. The project area treatment units are located adjacent to County Road 43 along the North Fork Big Thompson River near Glen Haven, CO in Larimer County.

B.1.3. Deliveries of Performance The anticipated period of performance is Award through 28 May 2021. All work must be completed by 28 May 2021.

B.1.3.1 Normal Operating Period. The operating season for work on this contract shall follow these operational periods:

Removal of inorganic flood debris from “Notice to Proceed” to the start of seeding; Hydraulic Application of seed, soil amendments, tackifiers, and Flexible Growth Medium (Hydromulch)from September 15th to October 15th, 2020;

Planting of container stock from March 15th to May 1st, 2021. Work shall be implemented when soil moisture and weather conditions are suitable for successful re-vegetation. The Contractor should not expect to be able to work outside

Arapaho Roosevelt National Forests – Canyon Lakes Ranger District Page 11 of 40 CLRD Big Thompson Revegetation of the normal operating season; however, the Government may allow the Contractor to work outside of the normal operating season if the CO determines that it is in the best interest of the Government.

B.1.3.2 Notice to Proceed. No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed. The Notice to Proceed must include the work start date, the signature of the Contracting Officer AND the signature of the Contractor to be valid.

B.1.3.3 Working Timing. Contractor shall provide advanced notice to Contracting Officer’s Representative at least 7 calendar days before Contractor’s operations are scheduled to begin. Failure to do so may result in a delayed start time for Contractor’s operations.

Failure to begin work on schedule may render the contract subject to termination for default.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or sub items. Contractor shall complete all work on one sub item before proceeding to another.

52.211-10 Commencement, Prosecution and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 3 calendar days after the effective date the Contractor receives on the notice to proceed;

(b) prosecute the work diligently; and

(c) complete the entire work ready for use not later than date stated at the end of the performance period. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.242-14 Suspension of Work. (APR 1984) 52.242-15 Stop-Work Order (AUG 1989)

452.211-74 Period of Performance. (FEB 1988) The period of performance of this contract is Award (on or about 31 August 2020) through 28 May 2021. Work will commence post the pre-work meeting and effective date of the Notice to Proceed once issued.

B.1.4. Government Furnished Property/Material Except for the materials specifically stated herein/within the awarded contract, the contractor shall be expected to provide all the tools, equipment and materials necessary to carry out this work. The Government will furnish seed for the project.

B.1.5. Contract Type and Detail Contract Type: Firm Fixed Price (FFP) Contract Vehicle: Stand-Alone Award Type: Single Award (Only One Contractor for Performance)

B.1.6. Inspection and Acceptance All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and testing at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. See FAR Clause 52.212-4(a) contained herein. The following supplements also apply. If a conflict between that provided below and FAR 52.212-4(a) exist, for the purpose of this contract, the following shall take precedence.

52.246-4 Inspection of Services. (AUG 1996)

a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

Arapaho Roosevelt National Forests – Canyon Lakes Ranger District Page 12 of 40 CLRD Big Thompson Revegetation

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

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

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

B.1.6.1 Failure to Perform. If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. If the work remains deficient, the Government may use one of the remedies discussed under E.1.

B.1.6.2 Government Remedies.

B.1.6.2.1 When the defects in services cannot be corrected by re-performance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements;

And/or

(2) Reduce the contract price to reflect the reduced value of the services performed. Or

(3) COR may have the work accomplished by other means and deduct the cost thereof from the monthly payment.

B.1.6.2.2 If the Contractor fails to promptly perform the services in conformity with the contract requirements or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; Or

(2) Terminate the contract for default.

B.1.6.3 Quality Control Plan. The Contractor shall conduct inspections on all units in accordance with his/her Quality Control Plan (QCP). The Contractor’s Quality Control Plan shall be submitted and accepted by the Government prior to any work starting.

Arapaho Roosevelt National Forests – Canyon Lakes Ranger District Page 13 of 40 CLRD Big Thompson Revegetation

B.1.6.4 Government Inspections. Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated Inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

B.1.6.4.1 Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

B.1.6.4.2 Final Inspections. Final (formal) inspections for payment will be made on completed items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice.

Inspections will be completed within four working days after the notice is received If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

B.1.6.5 Disputed Inspection. The Contractor may request re-inspection without rework if the results are unacceptable.

Re-inspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Re-inspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If re-inspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If re-inspection results are greater than five percentage points above or below the first inspection, the re-inspection results will be used.

If the re-inspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the re-inspection.

B.1.6.6 Re-inspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Re-inspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for re-inspection at the time specified by the Contractor will not be re-inspected, and the results of the first inspection will be final.

B.1.6.6.1 Sampling (Government’s inspection system). Treatment Units

B.1.6.7 Specific Inspection Procedures. The Contracting Officer’s Representative or designated Inspectors will visually inspect and/or establish plots to monitor work being performed.

B.1.6.8 Acceptance.

B.1.6.8.1. Acceptance Level. Work on this contract will be deemed acceptable when all associated services are at or above 90%.

B.1.6.9 Performance Standards.

B.1.6.9.1 Performance Measures (PM)

PM 1. The contractor shall provide documentation of materials procured

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PM 2. Immediately following treatment, the contractor and a USFS representative shall review each unit to ensure treatments were applied according to specification. The contractor will provide a written summary of work completed with actual quantities per treatment unit. The Forest Service will review for acceptance or rejection of completed work.

PM 3. Six months following completion of all treatments, revegetation success will be monitored to ensure there is a survival rate of 90% for container stock and an herbaceous ground cover of greater than 50% for treatment areas.

B.1.6.10 Warranty. Contractor will warranty revegetation success. If revegetation success 6 months post-treatment produces survival rate less than 90% and an herbaceous ground cover of less than 50%, then the contractor will replant container stock or reapply soil amendment and seed in consultation with the Forest Service.

B.1.7. Special Contract Requirements

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contract Manager, Foreman/woman

(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.

(End of Clause)

B.1.7.1 Safety and Fire Prevention All work shall be conducted in a safe and expedient manner and in conformance with the specifications contained herein.

B.1.7.1.1 Occupational Health and Safety Act (OSHA) and Safety Plan. Contractors are subject to all applicable State and Federal OSHA rules and regulations. Work sites are remote, and advance planning with regards to safety is crucial.

Contractors must be prepared to discuss their safety plan and an emergency evacuation plan at the pre-work meeting and/or upon request.

B.1.7.2 Fire Protection/Prevention and Control. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees. All other actions will be in accordance with the fire plan included in Section D of this solicitation.

B.1.7.2.1 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.1.7.3 Camping. Camping is not authorized for this contract.

B.1.7.4 Trash. No littering is allowed, and the contractor shall be responsible for hauling all trash accumulated out of the area. To the extent possible, food and trash shall be stored inside locked vehicles.

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B.1.7.5 Communications. All work sites are remote, and telephone service is usually unavailable on or anywhere near work sites. Having access to reliable communications is essential should an injury occur on the work site. Cell phone coverage in Colorado is not consistent. Contractors are encouraged to familiarize themselves with proper use of radios as well as emergency procedures.

At the time of the pre-work meeting, contractors must be prepared to discuss their communications plan. Contractors shall provide a functional two-way communication system and be familiar with its use. The Contracting Officer's Representative (COR) or her /his Inspectors may require the Contractor, or their employees, to display on site that they have functional, adequate communications. Inadequate communications may be cause for the issuance of a written cure notice or stop work order.

B.1.7.6 Wage Determination. The applicable Wage Determination for this work is SCA 1976-1351, Revision 59 Dated 19 February 2020. The USDA Forest Service may or may not inspect for the compliance to the stated wage determination but the contractor should note that the accountability and compliance is mandated by the Department of Labor and can be inspected at any time, with or without the knowledge of consent of USDA Forest Service.

B.1.8 Bio-based / Sustainable Products.

The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer.

B.1.8.1 In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired:

- Competitively within a time frame providing for compliance with the contract performance schedule;

- Meeting contract performance requirements; or

- At a reasonable price.

- Information about this requirement and these products is available at https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

B.1.8.2 The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than:

1. October 31 of each year during contract performance; and

2. At the end of contract performance.

3. Information about this requirement is available at https://www.biopreferred.gov/BioPreferred/

B.1.9 Definitions.

Administrative Contracting Officer (ACO) - The ACO has authority for the administration of the contract and will handle all matters beyond the authority of the COR. Generally, this includes the day-to-day administration of the contract, except for matters pertaining to changes in contract price and time. The ACO Designation letter outlines functions the ACO cannot perform.

Contracting Officer (CO) Has full authority for the administration of the contract and will personally handle all matters beyond the authority of the ACO and COR. Contracting Officers are agents of the Government and are the only officials authorized to enter into any contract or agreement that binds the Government. If you are asked to perform additional work, or make changes not specified in the contract, DO NOT perform the work but immediately notify the Contracting Officer.

A Contracting Officer holds a legal warrant, which is a designation of authority to bind the Government.

https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml https://www.biopreferred.gov/BioPreferred/

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Contracting Officer’s Representative (COR) The Contracting Officer’s Representative (COR) is the person most responsible for technical advice. The COR is also responsible for maintaining property records, outlining work, material approvals, inspecting work in progress, estimating completed work for partial or progress payments, and conducting prefinal and final inspections. In addition, the COR oversees administrative matters (e.g., submittals, etc.). Also ensures elements of contract requirements are met in accordance with terms and conditions. The COR is NOT authorized to direct changes or bind the Government to any contractual agreement. NOTE: Designation form FS-6300-6 outlines functions the COR cannot perform.

Government Technical Monitor (GTM) Assists the CO and COR as a technical advisor/inspector to monitor contractor performance. A GTM has no contractual authority. This person exists only to advise the COR in his/her area of expertise.

Obstacle –Any object, which can impede, or damage the shredding/mulching or tree cutting equipment. This could include rocks, logs, old stumps, road banks or culverts.

Operating Plan – A written schedule completed by the Contractor of anticipated major activities, name of the Contractor’s Project Manager and other key personnel (H.3), public safety measures, management of gates, and other needs for completing the outlined work. The Contractor shall also include other specific information in the plan if requested by the Contracting Officer.

Quality Assurance – The actions taken by the Government to assess the results to determine that they meet contract requirements. The methods for quality assurance are described in the Quality Assurance Surveillance Plan (QASP).

Quality Control Plan – Those actions taken by a Contractor to control the production of outputs to ensure that they conform to the contract requirements. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).

B.2 CONTRACT ADMINISTRATION

B.2.1. Invoices. The following supplements the invoice terms contained within FAR 52.212-4(g) contained herein.

Payments will be made from the Contractor’s invoice(s). All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury.

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s). If the itemized invoice has not been reviewed and approved by the COR, the IPP payment request will be rejected. Please follow the minimum requirements to ensure a successful payment process.

IPP Invoice shall have the following areas completed at a minimum:

Invoice Number Invoice Date Bill Period Start Date Bill Period End Date Supplier Contact Name Supplier Contact Phone

Itemized invoice shall include at a minimum:

Contractor Name & Address Contract number Invoice Number Description of Services or work completed.

Date of services or completion.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

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Contract Number

B.2.2. Forest Service Representatives.

Contracting Officer - Klenise Wallace, klenise.wallace@usda.gov, (O-VM) 970-295-6680. The best way to reach the CO during the COVID-19 Pandemic via email.

Contracting Officer Representative – Thomas Bates, thomas.bates@usda.gov, (O) 970-295-6648, (M) 970-215-0364

Government Technical Monitor – Matthew Fairchild, matthew.fairchild@usda.gov, (O) 970-295-6640

B.2.3. Other Contract Administration.

Contract Award: A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

Changes: The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Unauthorized Instructions from Government or Other Personnel: The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

Designation of Contracting Officer’s Representative (COR): Designation will be made upon contract issuance of the contract and a copy of the designation letter will be furnished to the Contractor. Limits of authority are described in each designation letter.

Designation of Authorized Representative of the Contractor: The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

Contract Release: The following supplements the Payments clause in Section I: Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

mailto:klenise.wallace@usda.gov mailto:thomas.bates@usda.gov mailto:matthew.fairchild@usda.gov

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SECTION C - CONTRACT CLAUSES

Contract Clause Number Contract Clause Title, Description (when applicable) and Effective Date 52.204-7 System for Award Management (OCT 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.212-4 Contract Terms and Conditions – Commercial Items. (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.