1202NV19Q0011_Dust_Abatement(CORRECTED).docx

1202NV19Q0011

IDAWY ACQUISITION SERVICE CENTER INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

IDAWY ACQUISITION SERVICE CENTER

1405 HOLLIPARK DR.

IDAHO FALLS, ID 83401

FAX (208) 557-5829

SOLICITATION NO. 1202NV19Q0011

OFFERS ARE SOLICITED FOR: DUST ABATEMENT FOR THE SALMON-CHALLIS NATIONAL FOREST

SET-ASIDE: SMALL BUSINESS SET-ASIDE

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS SOLICITATION:

1.SF-1449 Request For Quotation (Complete, date, and sign)

2.Section I – Schedule of Items

3.Technical Proposal/Experience Questionnaire

4.Representations and Certifications (Complete the Representations and Certifications electronically via the System for Award Management (SAM) website at https://www.sam.gov)

5. Acknowledgement of Amendment (If Any)

IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT SYSTEM PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE 52.204-7 SYSTEM FOR AWARD MANAGEMENT FOR DETAILS ON HOW TO APPLY.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

939094

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

1202NV19Q0011

6. SOLICITATION ISSUE DATE

2/27/2019

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Beverly Winkler

b. TELEPHONE NUMBER (No collect calls)

(208) 557-5766

8. OFFER DUE DATE/LOCAL TIME

3/29/2019 1:00 pm MST

9. ISSUED BY CODE

IDAWY Acquisition Service Center 1405 Hollipark Drive Idaho Falls, ID 83401 |X| Small Business |X| Women-Owned Small Business (WOSB) Eligible Under the Women-Owned |_| Hubzone Small Small Business Program NAICS: 115310 Business |X| Economically Disadvantaged Women- |_| Service-Disabled Owned Small Business (EDWOSB) Size Standard: $7.5 Million Veteran Owned Small Business |X| 8(A)

|_| 13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

11. Delivery for FOB Destination unless Block is Marked

|_| See Schedule

12. Discount Terms

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |X| RFP

CODE

15. DELIVER TO

See Delivery Schedule Same as Block 9

TELEPHONE NO.:_____________________________________

DUNS NO:_____________________ CAGE Code. ___________________________ U.S. Dept. of Agriculture National Finance Center P.O. Box 60000 New Orleans, LA 70160-0001

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

DUST ABATEMENT PROJECT,

Supervisor Office, Salmon-Challis National Forest

This requirement is being procured as a fixed-price Simplified Acquisition.

Faxes will not be accepted.

PLEASE PLACE YOUR QUOTE IN SECTION I- SCHEDULE OF ITEMS

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

25. ACCOUNTING AND APPROPRIATION DATA

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

|_| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED.

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

BEVELY L. WINKLER

31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ___________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

|_| COMPLETE |_| PARTIAL |_| FINAL

37. CHECK NUMBER

PARTIAL

FINAL

42.b. RECEIVED AT (Location)

Standard Form 1449 (REV. 5/2011) Back

1202NV19Q0011

SECTION I--SUPPLIES OR SERVICES AND PRICES

DUST ABATEMENT PROJECT

SUPERVISOR OFFICE

SALMON-CHALLIS NATIONAL FOREST

IDAHO, LEMHI

Indicate below the product(s) you are offering and the corresponding price. In all items, vendors may quote product option A, B or both but must quote at least one product option for each item. Price shall include delivery and application at the indicated rate and application width. In order to be considered a responsive bid, vendors must bid the base and optional item.

1 - Schedule of Items

If quoting dry products specify product quantity and pricing in (C) adjust quantity estimate for equivalent solids by weight)

BASE Item 1 Salmon River Road Blended Products Product Option

Amount Total Amount

OPTIONAL Item 1: Magnesium OR Calcium Chloride Brine 40579 Road Product Option

Amount Total Amount

Guaranteed 31% MgCl2 in brine

Guaranteed 36% CaCl2 in brine

OPTIONAL Item 2: Magnesium OR Calcium Chloride Brine 40568 Road Product Option

Amount Total Amount

Guaranteed 31% MgCl2 in brine

Guaranteed 36% CaCl2 in brine

NOTE: Costs for mobilization and moves between job locations are considered incidental to the ordered work; therefore, the Contractor must consider this expense in their pricing.

TOTAL AMOUNT FOR BASE AND OPTIONAL ITEM $__________

I- 2: Quote on all items. Only quotes to the nearest cent will be accepted.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the quoter specifies otherwise in the quote.

A single award will be made for the base item plus any optional items for which there is adequate funding based on the offered quotes. Award will be based on best value using the evaluation criteria in Section VI.

The products listed have been approved through consultation with responsible oversight agencies under the Endangered Species Act. Alternate products other than the three products listed cannot be accepted. Dry forms of the indicated product (i.e. Calcium Chloride flake or prill) may be offered with the understanding that the vendor will need to provide additional detail on specific application proceedures that may be different from the application of the brine product(s). If offered, dry products will be evaluated on a total cost of project basis including any additional costs for road preparation, watering and finishing that would be incurred by the Forest Service.

Describe the dust abatement product(s) you are offering (e.g. chemical analysis pH, foreign material content, specific gravity, consistency, temperature of material when applied, and a description of water used with brine.)

Describe equipment used in application of product.

Application procedure you intend to use:

SECTION II - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

II- 1 – Scope of Work

This solicitation is for the purchase, delivery and application of dust abatement materials on 29.242.2 miles of road on the Salmon-Challis National Forest. Two locations are specified Salmon River Road near North Fork, ID (23.9529.2 miles) and the roads leading into the Boundary Creek launch site near Stanley, ID (13.0 miles).

Two products are specified as acceptable items- Magnesium or Calcium Chloride brines. Other products including oils, polymers or other proprietary formulations have not been evaluated under Section 7 of the Endangered Species Act for use as dust supressents on the Salmon-Challis National Forest

The vendor is responsible for delivering and applying the specified products at the locations and rates specified in this contract.

The indicated products listed have been approved through consultation with responsible oversight agencies under the Endangered Species Act. Dry forms of the indicated product (i.e. Calcium Chloride flake or prill) may be offered with the understanding that the vendor will need to provide additional detail on specific application proceedures that may be different from the application of the brine product(s). If offered, dry products will be evaluated on a total cost-of-project basis including any additional costs for road preparation, watering and finishing that would be incurred by the Forest Service.

The Forest Service will grade and water the roads prior to application of the product. Application and preparation schedules will need to be coordinated to ensure that the dust control products are being applied on newly prepared surfaces. The Forest Service will adjust pre-application work to the extent possible in order to accommodate contractors desired application schedule per II – 5 Application Schedule. Current capability is limited to the amount of road that can be prepared with one grader. Estimated production rate is 4-6 miles per per day minus moving time beween application locations. Estimated quantity that can be applied is 100 tons per day.

Moving time between projects is variable and may require one or more days to move graders and water trucks between projects. The Contracting Officer’s Representative will accompany the Contractor to all road locations where the material will be delivered and spread. The Contracting Officer’s Representative will provide on the ground direction or mark the beginning and ending points for application including changes in quantity, width or application rates. Any modification to spreading applications shall be approved by the Contracting Officer’s Representative.

The Contractor is expected to coordinate application schedules with road preparation and pre-wetting by the Forest Service, including providing estimates of deliveries/application to ensure that suffient roadway is prepared in advance of application and prevent the costs associated with having to maintain excessive lengths of roadway in an applicable condition. The Contracting Officer’s Representative may suspend or delay application of dust abatement material if weather, traffic, delays or other causes create conditions unsuitable for application until suitable conditions can be restored.

II- 2 – Location or Delivery

Product description andestimated quantities:

Road Name Item

Rd. #

Mile Posts Application Rate

Miles Average Width

Quantity Tons

0.28

Total Base

29.2

Total Options

13.0

* At live stream crossings (bridges and culverts) road will not be treated within 50 feet of the crossing.

II- 3 – Delivery

The project completion date is July 1, 2019. A Notice to Proceed may be issued any time after June 1, 2019.

II- 4 – Application Requirement

To prevent loss of product from the roadway, the contractor shall not apply product prior to or during significant precipitation occurrences. Determination of allowable weather conditions is the responsibility of the C.O.R.

II- 5 – Application Schedule

All applications shall be scheduled with the COR a week prior to actual application. An application schedule shall be submitted and approved by the COR prior to issuance of the Notice to Proceed.

If the Government is required to recondition the road due to the contractor’s delay in schedule, the contractor shall be liable for all additional costs incurred by the Government for additional reconditioning.

II- 6 – Road Access/Description

State Highways 75 and 21, US 93 See State of Idaho for current restrictions.

Salmon River Road MP 0.0 Junction with Highway 93 at 22 miles north of Salmon.

MP 0.0 – 17.0 2 lane paved with flat (0-3%) favorable gradients.

II- 7 – On Site Storage

Vendor’s representative will need to meet with the COR for this project to discuss location and setup of any tanks. Possible locations are indicated on the maps but other locations may be approved.

Temporary storage at delivery locations may be used if the following conditions have been met.

1. The Forest Service has approved the site prior to setting up and filling the tank.

2. The tank(s) and transfer equpment are in good physical condition with no visible signs of leakage.

3. Valves shall be lockable and kept locked when unattended or not in use.

4. Secondary containment is provided for flexible tanks (bladders).

II- 8 – Existing Facilites

In addition to the requirements of the Use of Premises Clause of this contract, all existing facilities such as signs, cattleguards, and culverts damaged by the Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government.

II- 9 – Public Safety

The Contractor shall exercise due caution and care when operating to prevent undue conflict with public users of the roads. The Forest Service will have in place temporary traffic control for blading and watering of the road that will remain in place for the duration of work including application of the product. The vendor is not expected to provide additional signage but should exercise the use of warning lights or flashers to help identify stationary or slow moving equipment on the roadway.

II- 10 – Pollution and Erosion Control

(a) All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor’s operations, including camps, parking areas, and equipment maintenance areas shall be stored and collected in a sanitary manner and disposed of in a State-approved sanitary landfill or as approved by the Contracting Officer.

(b) Equipment shall be fueled away from perennial and intermittent streams, scoured channels or any other live water source. Proper procedures shall be used when fueling to prevent overflow, leakage, or spills from fueling equipment.

II- 11 – Equipment Breakdown

All repairs to equipment furnished under this contract shall be made by the Contractor. Repairs shall be made promptly and equipment returned to use within 48 hours. In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified.

II- 12 – Government Responsibility

The Government will be responsible for preparing the road surfaces for the materials, including the hauling of any water needed to prepare the road surface. Unless otherwise agreed to prior to application, roads will be prepared for night-time or early morning application. The Government will coordinate road preparation with the Contractor to minimize delays associated with inadequately prepared roads. Planned preparation will be based on Contractor’s schedule and delivery estimates within the capability of available resources.

II- 13 – Contractor Responsibility

The Contractor shall be responsible for obtaining any necessary licenses and permits, and for complying with any applicable federal, state, and municipal laws, codes, and regulations in connection with the prosecution of the work.

The Contractor shall furnish with each delivery a Certificate of Compliance (see exhibit 4 in Section IV) or a bill of lading if it contains the same information as the Certificate of Compliance, describing product delivered. THE CONTRACTOR MAY BE REQUIRED TO PRESENT CERTIFICATION OF ANY DELIVERY BY THE COR PRIOR TO APPLICATION OF THE PRODUCT.

II- 14 – Method of Measurement

The method of measurement is the tonnage of dust abatement materials applied to the road surface and accepted. The contractor will provide certified scale tickets for each load delivered in order to receive payment.

II- 15 – Basis of Payment

(a) Quantities stated in Section I - Services and Prices are estimates only and will be used for evaluation of quotes. Delivery of quantities in excess of those estimated will not be required unless agreed to by the Contractor. The Contracting Officer's Representative may direct additional check weighing of loaded and empty vehicles at any time.

(b) Payment will be made at the contract unit prices, for actual quantities accepted in accordance the Quality Assurance Plan of this contract.

II- 16 – Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

II- 17 – End Product Description

After performing Dust Abatement operation, the roadway:

· Shall have a uniform spread of abatement material on the road.

· Shall have product applied in a manner not to exceed by 5% the estimated qualities.

· Shall be covered as to the specified width.

· Shall be no over-spray running into ditches or waterways.

· Shall have a product that complies with specifications.

· Shall have an Application Rate as listed in the Schedule of Items.

· Shall not have been contaminated by other products hauled in the distribution equipment.

· Shall have been accomplished within the requirements of II- 3 Delivery

II- 18 – Contractor’s Quality Control Plan

Shall provide a Quality Control Plan that outlines, in part, a performance strategy and addresses all major points contained in the Quality Assurance Plan.

II- 19 – Quality Assurance Plan

See Section IV Exhibit 2 & 3 for attached plan for full understanding of all tasks required and acceptable quality levels.

II- 20 – Sustainable Acquisitions

The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Bio-based and Sustainable Product Procurement,” dated February, 2012 to provide bio-based products.

The Contractor shall utilize products and material made from biobased materials 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’s Representative (COR).

It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications. Finding Bio-Preferred products is simple, using the program’s online catalog. To view the catalog, go to www.biopreferred.gov.

II- 21 - Inspection and Warranty

If the Government returns supplies to the Contractor for correction or replacement under this clause, the Contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in this contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor’s plant and return to the place of delivery specified in this contract. The Contractor shall also bear the responsibility for the supplies while in transit.

The Contractor shall be the source for warranty work regardless of the make of the component.

II- 22 - Final Inspection

A final physical inspection and operating check shall be made before delivery. The Contractor shall notify the Inspector before the road is ready for final inspection.

SECTION III - CONTRACT CLAUSES

III- 1 - FAR 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. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

III- 2 - AGAR 452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate Applicants (FEB 2012) Alt I (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

III- 3 - FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 24-hours. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

III- 4 - FAR 52.223-2 Affirmative Procurement of Bio-based Products Under Service and Construction Contracts (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat- related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

III- 5 - FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008)

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm.

III- 6 - AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuance 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 disease 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 workers' 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 insurance and shall be required in the amount of $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 occurence 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.

III- 7 – FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

III- 8 - FAR 52.236-7 Permits and Responsibilities (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

III- 9 - FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

III-10 - Sanitation and Servicing Contractor shall take all reasonable precautions to prevent pollution of air, soil, and water by Contractor’s Operations. If facilities for employees are established on Contract Area, they shall be operated in a sanitary manner. In the event that Contractor’s Operations or servicing of equipment result in pollution to soil or water, Contractor shall conduct cleanup and restoration of the polluted site to the satisfaction of Forest Service.

Contractor shall maintain all equipment operating on Contract Area in good repair and free of abnormal leakage of lubricants, fuel, coolants, and hydraulic fluid. Contractor shall not service tractors, trucks, or other equipment on National Forest lands where servicing is likely to result in pollution to soil or water. Contractor shall furnish oil-absorbing mats for use under all stationary equipment or equipment being serviced to prevent leaking or spilled petroleum-based products from contaminating soil and water resources. Contractor shall remove from National Forest lands all contaminated soil, vegetation, debris, vehicle oil filters (drained of free-flowing oil), batteries, oily rags, and waste oil resulting from use, servicing, repair, or abandonment of equipment.

III-11 - Prevention of Oil Spills If Contractor maintains storage facilities for oil or oil products on Contract Area, Contractor shall take appropriate preventive measures to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

If the total oil or oil products storage exceeds 1,320 gallons in containers of 55 gallons or greater, Contractor shall prepare a Spill Prevention Control and Countermeasures Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer.

Contractor shall notify Contracting Officer and appropriate agencies of all reportable (40 CFR 110) spills of oil or oil products on or in the vicinity of Contract Area that are caused by Contractor’s employees agents, contractors, Subcontractors, or their employees or agents, directly or indirectly, as a result of Contractor’s Operations. Contractor will take whatever initial action may be safely accomplished to contain all spills.

III-12 - Weed-Free Equipment

In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in…