1224H819R0005.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

1224H819R0005

2. TYPE OF SOLICITATION

SEALED BID (IFB) X

NEGOTIATED (RFP)

3. DATE ISSUED

July 9, 2019

PAGE OF PAGES

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SAME AS BLOCK 7: ATTN ASHLEY WITMER

North East Acquisition Team 4 Farm Colony Drive Warren PA 16365

9. FOR INFORMATION

CALL:

a. NAME

Ashley Witmer

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

814-728-6258 or email ashley.a.witmer@usda.gov

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

REFERENCE SOLICITATION AND ATTACHMENTS

The magnitude of construction for this project is:

Between $250,000 and $500,000.

Proposals shall be emailed to the Contracting Officer. Hardcopy and/or fax proposals will not be accepted. Proposals shall be emailed to ashley.a.witmer@usda.gov. Proposals should include the solicitation number in the subject line.

Proposal guarantees must be submitted in hardcopy using an SF-24 only and be received prior to the date and time established for the close of this Request for Proposal (RFP). The remainder of the proposal must be submitted via email.

This acquisition is a Total Small Business Set-Aside.

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

12b. CALENDAR DAYS

NO

7 365

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) (5 ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

Construction RFP 1224H819R0005 Woven Wire Fence Construction ANF

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Schedule of Items

FENCE

NUMBER

Method of

Measure

Pay Unit

ESTIMATED

QUANTITY

(Feet)

UNIT

PRICE

AMOUNT

207021 DQ LF 3833

215008 A DQ LF 3351

215008 B DQ LF 4723

215010 DQ LF 5696

215014 DQ LF 5182

216026 DQ LF 6415

218014 DQ LF 4283

228026 DQ LF 4967

282004 DQ LF 6795

321023 DQ LF 5236

337002 DQ LF 6282

339007 DQ LF 4524

340006 DQ LF 3722

340017 DQ LF 5524

344003 DQ LF 4632

344009 DQ LF 4884

344019 DQ LF 5595

348032 DQ LF 5218

401047 DQ LF 4196

402030 DQ LF 5330

488001 DQ LF 5088

TOTAL 105,476

NOTES:

Contractor Notes:

1. Contractor must be registered in www.sam.gov in order to submit an offer on this project. THIS IS A FREE REGISTRATION.

2. This is a construction project which has the following bonding requirements:

20% proposal guarantee bond for offers over $150,000 required with offer submission.

100% performance and payment bonds for offers over $150,000 upon award. See Section I for details.

3. Award will be made to one contractor. You must submit pricing for all items, including any option items and/or option years to be considered.

4. There is no “Show-me” trip scheduled for this project, prospective bidders are “strongly encouraged” to view the sites themselves to make their own estimate on the amount of work needed. Assistance with locating the specific project areas may be obtained by contacting Kevin Wiltsie at the Bradford Ranger District Office, Bradford, PA. Office hours 8:00-4:00 Monday – Friday. Office phone number: 814-363-6042. However, this POC is for location assistance only. All other questions must be submitted to the contracting officer in writing.

5. There is no pre-proposal meeting. Contractors should visit the sites independently. Some areas are located behind locked gates.

6. There is a requirement to submit a technical proposal with your offer. See Section L &

M for preparation instructions.

7. Under Method of Measurement, "DQ" stands for Design Quantities. The quantities denote the final number of units to be paid for under the terms of the contract. They are based upon the original design data available. Changes in the number of units shown may be authorized under any of the following conditions:

o As a result of changes in the work authorized by the Contracting Officer.

o As a result of the Contracting Officer determining that errors exist in the original design that cause a pay item quantity to change by 15 percent or more.

o As a result of the Contractor submitting to the Contracting Officer a written request showing evidence of errors in the original design that cause a pay item quantity to change by 15 percent or more. The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designated quantity is believed to be in error. Pay unit "LF" stands for linear feet.

8. This Solicitation will result in a firm, fixed price construction contract. One of the requirements is that the Contractor pay their employees the Davis Bacon wages and fringes specified in Section J. Weekly certified payrolls must be submitted, and the workers may be interviewed in this regard.

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise excepted as follows:

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DIVISION 100 - GENERAL SPECIFICATIONS

110 - Scope of Contract

It is the objective of this contract to build fences around timber stands to keep the deer out and prevent tree seedlings from being browsed.

This contract will construct eight foot woven wire fence (7 to 8 foot high with up to 1 foot overlap on the ground) in forested areas on the Allegheny National Forest. The Contractor is responsible for furnishing all supervision, labor, equipment, tools, materials, and incidentals (except as noted in 150 - Government Furnished Property) necessary to complete the work.

120 - Location and Description of Fence Construction Areas

Refer to Attached Unit and Vicinity Maps. Work areas are in McKean, Warren and Forest County.

130 – Contractor Representative Before work starts the contractor shall designate a person in writing knowledgeable of contract requirements to act for him in his absence. The contractor or authorized representative shall be at the job site whenever work is in progress. In the absence of the contractor, the authorized representative may receive instructions from the Contracting Officer.

140 - Contractor Furnished Property

The Contractor will furnish material such as woven wire fence, 10' “U channel” steel post or 4-5” round treated wood posts and 2x4 boards (2x4 boards do not have to be treated), hog rings or ring fasteners, wire ties, and fence staples.

150 - Government Furnished Property

Site maps (included within the contract package) and fence signs.

160 - Protection of Existing Structures

The Contractor shall be required to protect existing improvements such as tree shelters, pipelines, power lines, oil pumping jacks, buildings, gates, culverts etc. which are located in the project area. The Contractor shall be required to repair or replace such improvements if damaged as a result of their operations.

170 - Measurement

The perimeter lengths were determined by using GPS equipment.

180 - Work Schedule

The Contractor will notify the COR two days in advance of where and when work will start. Forest Service personnel will be available to answer questions or check areas Monday - Thursday, 7:00 am to 4:00 pm.

Contractor may work other than these hours and on weekends. Contractor may accompany the Forest Service inspector when conducting final inspections for acceptance and payment.

SECTION 200

TECHNICAL SPECIFICATIONS –

WOVEN WIRE FENCE CONSTRUCTION

210 - Project Description

211 - Boundary

The fence line has been marked with orange flagging on some of the sites; however, other sites have noticeable orange three stripe that will be used as the fence line. The contractor must remain within 10 feet of the flag line, or orange 3 stripe at all times. Units are designated with an orange tag that says: ”FY 19 JC Fence Const” and “Unit #” that indicates the location. The Contractor may elect to make slight changes in the location of the fence, however these changes must be approved by the Forest Service prior to erecting the fence.

212 - Hazard Tree Felling

The COR will designate any hazard trees which are to be felled at the time of implementation of the project (either by paint or flagging).

Hazard trees are dead or dying trees, split trees, heavily leaning trees, or root-sprung trees that are in a position to fall across the fence location. No hazard trees on private property will be designated and all property lines including rights of ways shall be kept free of slash or other fence construction debris.

213 - Fence Row Clearing

The Contractor will clear a path at least eight feet wide but less than twelve feet wide, of heavy brush, stumps, large rocks or other obstructions. This path, which will lie outside the fence, serves as the access corridor for erecting the fence, and serves as an access for ATV/UTV’s for maintenance of the fence for the next 5 to 8 years. It may not however be necessary to disturb the ground around the entire perimeter. In cases where the ground is generally level, free of stumps and large rocks, ground disturbance will not take place. A small bulldozer or equivalent represents a good machine to use to clear this corridor and level off high and low spots to reduce the amount of fill needed under the fence. The Contractor shall be responsible for, and may be charged for, damage to standing trees.

214 - Fence Supports

The Contractor shall erect the fence by fastening the fence to posts or trees. All trees will be protected by placing a 2x4 board between the fence and the tree and stapling the fence to the board. Trees under 4" DBH are not to be used nor are striped maple trees. Boards will be fastened to trees with no more than 2 nails. One on the top and one on the bottom (the bottom being below stump height (<12")).

Black cherry trees or veneer quality trees will not be used unless prior approval is given by the Forest Service on a case by case basis. It has been found that by nailing into black cherry, that the nails will cause staining thus causing a defect in the wood of the tree. Maximum distance between steel posts, wooden posts or trees will be no greater than 30 feet.

It is not the intent of the Forest Service to have straight fence lines. Trees will be used for support where available along the flagged/3-striped location. Posts will be used where tree support is not available within the 30’ maximum span.

Posts that are not in line (corners for example) will be treated wood, 6"x 6" square, or 4-5" diameter round and braced or supported in place. In-line post may be the same as the previously mentioned wood post, or steel post that weigh 2 lb/ft. All posts will be at least ten (10) feet long set at least 2 feet into the ground. Corner posts will be braced and/or guy wired to withstand the pull of the fence without bending or pulling out of the ground. Guy wire should be secured by posts and not by nearby trees.

215 - Fence Stretching

Ideally, the fence will be at least 7 feet high with up to a one foot overlap on the ground pulled to the outside of the fence. The fence will be stretched so that the wire is pulled against a post, corner or turning support. The contractor will stretch the fence either on the inside or the outside of supports so the fence tension is against the support not pulling away from the support. The top and bottom rolls of fence will be fastened to each other at least every 6 feet by hog rings or heavy duty ring fasteners. The bottom wire of the top roll shall be fastened to the top wire of the bottom roll. Where a post is used, the fence must be secured to the post a minimum of four places with one being the top wire of the top section.

216 - Securing the Fence Bottom

The fence must be constructed so that deer will be unable to crawl under the fence. This can be achieved by leaving a one foot overlap on the ground to the outside of the fence which is anchored to the ground with stakes or stapled to sound wood chunks, a minimum of every 10'. An alternative method is to bring the fence to the surface of the ground and fill the gaps between the ground and fence that are over 3 inches high and 6 inches long with pieces of sound wood stapled to the fence bottom, attached pieces of fence wire or large rocks. No part should be loosely laying on the ground, the entire bottom perimeter should be tight. Dirt excavated from the cleared path may be used to anchor the fence to the ground. The contractor will be responsible for appropriate erosion prevention (see Section 231). The Forest Service may designate certain areas where it has determined the need for sound wood to be used rather than excavated dirt. For example, concerns due to terrain or nearby pipelines etc. These areas would be designated on the ground by the COR or inspector.

217 - Deer Drive

Prior to closing up each fence area, the Contractor shall conduct a deer drive to chase out any deer within the fence area. The Contractor may need to leave multiple holes in order to get the deer out and shall time the drive so that the fence is closed a short time after the drive is completed (e.g. the same day).

218 - Public Access

Walkthrough Gates - Required on all newly constructed fences See Exhibit C drawing. The location will be flagged by the Forest Service Inspector and the general location is shown on the maps. The number of gates needed per fence is listed in Exhibit E.

219 – Vehicle Access

Vehicle and Skidder Access Gates - Specifications for construction are in Exhibit D. If required, the location will be flagged (Blue) by the Forest Service Inspector or the COR. The general location is shown on the maps. For the type and number required for each fence see Exhibit E.

Note that the drawings in Exhibit D specify a difference between Vehicle and Skidder Access gates. Vehicle gates should be installed where vehicles may need access to stone pits, well heads or old landings. Skidder gates shall be used only on skid trails. Exhibit E specifies what types and how many fences are required. Both gate styles should be adjusted to follow the width of the skid/access road as this skid/access road will be used again to enter the fence.

220 - Fence Material

221 – Fence

The fence will be 8 foot high, using 2, 47" rolls of galvanized steel woven wire fencing. Fence will have no more than 6" between stay wires, at least 10 graduated line wires, 12 1/2 gauge top and bottom wires, and 14 gauge line & stay wires.

222 - Fasteners

Fence staples will be 1 ¼ to 1 ½” in length. No staples will be driven into trees. Nails used to secure the 2x4 boards should be no larger than 16d. Ties to secure the fence to metal poles will be 14 gauge stainless ties. Hog rings may be used to fasten the top fence to the bottom fence as described in 215 - Fence Stretching. No aluminum wire, hog ring, etc. will be used in the construction of the fence because porcupines will find it, eat it, and damage the fence.

230 - Vehicle Operation

Vehicles may be operated down the area cleared for the fence. Vehicle may not cross the interior of the area to the fence except with approval of the COR. Vehicles may not travel on pipeline rights of way.

231 - Erosion Prevention

Equipment shall not be operated when ground conditions are such that excessive damage will result. Contractor shall construct cross ditches, dips, or berms along cleared path as marked on the ground.

Insloping or outsloping may be needed for proper drainage and to minimize rutting. The contractor will be required to fill in areas which become excessively rutted during work, or install water bars, dips etc. on steep and poorly drained portions of the cleared path.

Small streams or seeps including adjacent banks which cannot be avoided will be cleared by hand; not by bulldozer. If bulldozer crosses them they must be corduroyed with logs or poles to stabilize the crossing and minimize earth disturbances and siltation.

240 - Clean Up

The Contractor shall remove all trash and debris generated in performance of this contract.

250 - Payment

Any fence completed when snow cover is greater than 3" and inspection of the bottom edge of the fence is not possible, will not be completely accepted or paid for until spring.

260 - Safety

261 - Contractor will ensure that he and all employees use appropriate personal protective clothing and equipment. Appropriate clothing shall be based on the type and characteristics of the task anticipated. For example:

felling hazard trees. Appropriate clothing shall be but is not limited to:

protective chaps, hardhats, eye protection, hearing protection, boots and gloves.

262 - It is the contractor’s responsibility to ensure that the work environment is safe for themselves as well as their employees. If the contractor feels that a requirement of this contract would place them or their employees in an unsafe environment, then work should stop on that area of work and the contractor should contact the COR. Work on other areas of the contract that the contractor does not view as unsafe should continue.

270 - Special Conditions

271 -In items where the fence perimeter runs along a Forest Road, the fence will be located outside of the clearing limits of the road (generally, 30 feet from the edge of the road or as flagged), unless otherwise designated by the

COR.

**At no time shall fence posts be erected in the ditch line of any bordering roadside.

The magnitude of construction for this project is:

Between $250,000 and $500,000.

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C.1 Sustainable Acquisitions

Biobased & Recycled Content Products

The contractor must comply with Section 9002 of the Farm Security and Rural Investtment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Enviromental, Energy, and Transportation Management”, and the Federal Acquisition Regulations to provide green products. All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased, recycled content, energy star, and environmentally preferable products.

The following is a list of categories for biopreferred products that are required for performance of this construction project.

2x4 non treated pine boards.

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to https://biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

The following is a list of categories for EPA designated products (recycled content) that are required for performance of this construction project.

No products are listed

For more information regarding Environmental Protection Agency list of designate products to http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm

The following is a list of Energy Star Products that are required for this construction contract:

No products are listed

More information regarding Energy Star products can be found at http://www.energystar.gov/

C.2 SAFETY AND HEALTH

2.1.1 SUMMARY

A. References: In addition to publications referenced in the Contract and FAR 52.236-13, the following Code of Federal Regulations (CFR) publications designate and define hazardous materials and conditions, and establish procedures for handling these materials and conditions.

1. 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA) General Industry and Health Standards.

2. 29 CFR, Part 1926: OSHA Construction Industry Standards.

3. 40 CFR, Part 61: National Emission Standards for Hazardous Air Pollutants.

4. 40 CFR, Part 261: Environmental Protection Agency (EPA) Characteristics of

Hazardous Waste.

5. 40 CFR, Part 761, EPA Polychlorinated Biphenyls (PCBs), Manufacturing, Processing, Distribution in Commerce and Use Prohibitions.

B. Acquisition of Publications: Referenced CFR publications may be purchased from the

Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

2.1.2 SAFETY MEETING

A. Prior to commencing construction, representatives of the Contractor, including the Superintendent, shall meet with the Government to review the Contract's safety and health requirements.

B. The Contractor's safety and health program shall be reviewed, and implementation of safety and health provisions pertinent to the Work shall be discussed.

2.1.3 COMPLIANCE WITH REGULATIONS

A. Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable codes, standards and regulations pertaining to the health and safety of personnel during execution of the Work. The Contractor shall have written safety and health programs in compliance with 29 CFR Parts 1910 and 1926.

2.1.4 SUBMITTALS

A. Safety and Health Programs: The Contractor shall submit, for approval, copies of the project safety and health programs, as applicable to the work scope, or required as a result of the safety meeting, including but not necessarily limited to the following:

1. Occupational Noise Exposure.

2. Fall Protection.

3. Personnel Protective Equipment.

4. Control of Hazardous Energy.

5. Electrical Safety Related Work Practices.

6. Lead.

7. Respirator Protection.

8. Confined spaces.

9. Heavy Equipment Operation

PART 2 - PRODUCTS

2.2.1 PERSONNEL PROTECTIVE EQUIPMENT

A. Special facilities, devices, equipment and similar items used by the Contractor in execution of the Work shall comply with 29 CFR Part 1910, Subpart I and other applicable regulations.

PART 3 - EXECUTION

2.3.1 EMERGENCY SUSPENSION OF WORK

A. In accordance with FAR 52.236-13, when the Contractor is notified by the Government, of noncompliance with safety or health provisions of the Contract, the Contractor shall immediately, correct the unsafe or unhealthy condition. In accordance with FAR 52.236-13 if the Contractor fails to comply promptly, all or part of the Work will be stopped by Government notice. The Contractor shall not be allowed any extension of time or compensation for damages in connection with a work stoppage for unsafe or unhealthy conditions.

2.3.2 PROTECTION OF PERSONNEL

A. The Contractor shall take all necessary precautions to prevent injury to the public, occupants, or damage to property of others.

2.3.3 ENVIRONMENTAL PROTECTION

A. Dispose of solid, liquid and gaseous contaminants in accordance with local codes, laws, ordinances and regulations.

B. Comply with applicable federal, state and local noise control laws, ordinances and regulations, including but not limited to 29 CFR 1910.95 and 29 CFR 1926.52.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) (APR 1984)

The Contractor shall be required to (a) commence work under this contract within _7__calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 31, 2020.

Order of Work:

* Area’s 215008A, 215008B, 215010, 215014, 216026, 401047, and 488001 shall be completed by October 31, 2019.

** Area’s 207021, 218014, 228026, 282004, 321023, 337002, 339007, 340006, 340017, 344003, 344009, 344019, 348032 and 402030 shall be completed by October 31, 2020.

The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within ___10___ days after the date of contract award. The conference will be held at

__TBD_________.

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The contracting Officer will designate a Contracting Officer's Representative (COR) at the time of award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

On all matters that pertain to the contract terms the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal for a contract claim.

G.2 GOVERNMENT-FURNISHED PROPERTY -RESERVED

G.3 INVOICING

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. 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.

Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

G. 4. ORDERING PROCEDURES – RESERVED

G.5 FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the final amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed invoice; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

RELEASE OF CLAIMS

To be submitted with final invoice

Contract Number:

For and in consideration of payment and pursuant to the terms of the contract cited above, the government of the United States, its officers, agents, and employees are hereby released and discharged from all liabilities, demands, obligations, and claims arising under or by virtue of said contract.

Signature: ________________________________

Printed Name: ________________________________

Title: ________________________________

Company: ________________________________

Date: ________________________________

G.6 INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

G.7 CONTRACTOR CERTIFICATION

Contractor will submit certification with every progress invoice

CONTRACTOR CERTIFICATION

Page of

Unit (Region, Forest, District) Project: Contract No.

Name of Contractor: Invoice No. Invoice Date:

I hereby certify, to the best of my knowledge and belief, that‐‐

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 EQUIPMENT CLEANING

All soil moving equipment shall be thoroughly cleaned to make it free of soil, noxious weed seeds, vegetative matter or other debris that could contain or hold seeds prior to being delivered to the project site. Equipment shall be considered free of soil, noxious weed seeds and other such debris when a visual inspection by the C.O.R., prior to the equipment being delivered to the site, does not disclose such material present. Disassembly of equipment components is not required. The Contractor shall notify the Forest Service at least five (5) working days prior to moving each piece of soil moving equipment onto the project site, unless otherwise agreed.

The Contractor shall thoroughly clean all soil moving equipment prior to moving them off a project site or between work areas on a project site that are known to be infested with noxious weed species of concern and other work areas, if any, that are free of noxious weed species of concern. Areas known to be infested with specific noxious weed species of concern to the Forest Service shall be noted in the Schedule of Work. The Contractor and the Forest Service shall agree on the methods of cleaning, location for the cleaning and control of off-site impacts, if any.

When new areas of infestation of noxious weeds of concern to the Forest Service are identified on the project site by either the Forest Service or Contractor they shall be promptly reported to the other party.

H.2 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Reference (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS).

(b) Contact Information. Upon award, the name and email address of the Contractor Representative responsible for reviewing the CPARS evaluations will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, or at the end of the year if the contract exceeds one year, an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for review of the evaluation. The contractor will review the government’s evaluation and either concur or disagree and route the evaluation back to the Contracting Officer (Assessing Official). If the evaluation recevied contractor concurrence, it will be finalized by the Assessing Offical. If there is disagreement, further discussion will be intiated prior to finalization.

H.3 UTILITY SERVICES -RESERVED

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform

Employees of Whistleblower Rights (APR 2014) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY

2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT

2018) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (AUG 2016) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-14 Limitations on Subcontracting (JAN 2017) 52.219-28 Post Award Small Business Program Rerepresentation (JUL 2013)

52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

(MAY 2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC

2010) 52.222-50 Combating Trafficking in Persons (JAN 2019) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (SEP 2013) 52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (Jan 1997) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG

2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (AUG 2018) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.228-15 Performance and Payment Bonds—Construction (OCT 2010) (Applicable over $150,000)

52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Items (JAN 2019) 52.245-1 Government Property (JAN 2017) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--

Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV

1996) (Applicable if contract is over $35,000)

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;

and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016)

(a) Definitions. As used in this clause--

“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon Dioxide’s global warming potential is defined as 1.0.

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/ ).

“Hydrofluorocarbons” means compounds that only contain hydrogen, fluorine, and carbon.

“Ozone-depleting substance” means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II , including, but not limited to hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR Part 82, Subpart E, as follows:

Warning

Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall—

(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by—

(i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.);

(ii) Contract number; and

(iii) Equipment/appliance;

(2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after--

(i) Annually by November 30 of each year during contract performance; and

(ii) At the end of contract performance.

(d) The Contractor shall refer to EPA’s SNAP program (available at http://www.epa.gov/snap ) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap .

52.223-20 Aerosols (Jun 2016)

(a) Definitions. As used in this clause--

“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as 1.0.

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G. with supplemental tables of alternatives available at http://www.epa.gov/snap/).

“Hydrofluorocarbons” means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise…