12447U19Q0020.pdf

12447U19Q0020 Trail Maintenance on the National Forests in Mississippi, De Soto Ranger District

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

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 974072 1 2

2. CONTRACT NO. 3. AWARD/

EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

12447U19Q0020

6. SOLICITATION

ISSUE DATE

08/22/2019

7. FOR

SOLICITATION

INFORMATION CALL:

a. NAME

CYNTHIA GRANDERSON

b. TELEPHONE NUMBER

601-965-1619 (No collect calls) 8. OFFER DUE DATE/LOCAL TIME

09/05/2019 1700 CT

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR X SET ASIDE: % FOR:

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

X HUBZONE SMALL

BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

NAICS:562910

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

SIZE STANDARD: $20.5

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

13b. RATING

14. METHOD OF SOLICITATION

X SEE SCHEDULE

15. DELIVER TO

USDA FS

DESOTO RANGER OFFICE

BOX 248

WIGGINS MS 39577-0248

CODE 447E

DPAS (15 CFR 700)

16. ADMINISTERED BY

X RFQ IFB

CODE

RFP

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

19. 20.

IS CHECKED

21.

SEE ADDENDUM

22.

23. 24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

Trail Maintenance on the National Forests in Mississippi, De Soto Ranger District.

Delivery: 08/19/2019 Period of Performance: 09/16/2019 to 12/31/2024

QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

X ARE

ARE

ARE NOT ATTACHED.

ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

De Soto Ranger District

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

De Soto Ranger District

TABLE OF CONTENTS

SECTION B – Schedule of Items

SECTION C – Description/Specifications

SECTION D – Packaging and Marking

SECTION E – Inspection and Acceptance

SECTION F – Deliveries or Performance

SECTION G – Contract Administration Data

SECTION H - Special Contract Requirements

SECTION I - Contract Clauses

SECTION J - List of Documents, Exhibits and Other Attachments

SECTION K - Representations, Certifications, and Other Statements of Bidders

SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents

SECTION M - Evaluation Factors for Award

De Soto Ranger District

SECTION B - SUPPLIES OR SERVICES AND PRICES

De Soto Ranger District

Wiggins, Mississippi

SCHEDULE OF ITEMS

ITEM

NO SUPPLIES/SERVICES

Base Year

09/15/2019 Option Year 1 01/01/2020-

Option Year 2 01/01/2021-

Option Year 3 01/01/2022-

Option Year 4 01/01/2023

12/31/2020 12/31/2021 12/31/2022 12/31/2023 12/31/2024

01 Mobilization

02 Trail Maintenance

03 Total Price Per Year

The offeror shall insert a quote in the Schedule opposite each pay name listed in the Schedule. An offer is not to be tendered for any item not listed. All other items not listed are incidental to one of the items listed above.

Name of Company Date

Company Agent: DUNs

E-Mail Address:

Phone

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

B- 3 Written Acceptance: Any contract resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

De Soto Ranger District

SECTION C -GENERAL

SCOPE

This is a firm fixed-price, performance based, indefinite-delivery requirements type contract that provides for filling all actual purchase requirements for Trail Maintenance on the National Forests in Mississippi, De Soto Ranger District.

This work will be performed during the base year from time of contract award through December 31, 2020 with four-year renewable option periods. This statement of work consists of completing the tasks in Section V to the performance requirements in Section VII.

The Contractor shall provide any and all labor, equipment, supplies, services, permits and licenses necessary to perform approximately 34 miles of trail maintenance activities consisting of mowing, hazard tree removal and erosion control.

Tasks to be performed will be identified by issuance of individual task orders.

LOCATION

The recreation trails are located within the boundaries of the De Soto Ranger District, Forrest and Perry Counties in Mississippi. Specific trail locations will be supplied with each task order.

Mileage, linear feet, and amounts will be listed on each task order that has been determined by ground measurement, global positioning system (GPS), or geographic information system (GIS). For purposes of this contract, quantities listed on each task order are considered actual and not an estimate.

RE-MEASUREMENT

The Contractor may at any time after issuance of a task order request re- measurement of the quantity of work. The request must be in writing.

Payment will be based on the re-measurement except no adjustment shall be made for mileage changes less than 0.10 miles. The Contractor shall pay for

De Soto Ranger District the cost of re-measurement if the re-measurement results in an increase of less than 0.10 miles.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)

This contract is a fixed price contract for a basic period of performance from date of award through December 31, 2020, plus four, one-year option period.

Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period(s), if exercised.

Base Period - Option

Period 1 –

Option Period 2--

Option Period 3--

Option Period 4--

Award of contract through December 31, 2020

January 1, 2021 through December 31, 2021

January 1, 2022 through December 31, 2022

January 1, 2023 through December 31, 2023

January 1, 2024 through December 31, 2024

SECTION II - DEFINITIONS

TERM MEANING

Logging Out Consists of removing brush, logs, and down trees from limits.

Hazard Trees Dead or leaning tree that can reach the trail center line.

Mowing Mechanical cutting of up to 60" width for pedestrian trail and a minimum of eight feet in height for

Obstacles.

Cleaning bridge decks.

Spot Trail Repair Consists of minor excavation, placement of tuif stones and/ or crushed aaareaate, and minor erosion control.

SECTION III - GOVERNMENT FURNISHED PROPERTY/SERVICES/DATA ETC.

GOVERNEMTN FURNISHED

PROPERTY/SERVICES/DATA ETC.

QUANTITY WHERE, WHEN, HOW TO BE

FURNISHED TO CONTRACTOR

N/A NIA As directed bv the COR

De Soto Ranger District

SECTION IV - CONTRACTOR FURNISHED CRITICAL ITEMS/SERVICES

DESCRIPTION QUANTITY

Aggregate Must meet the specified state requirements.

Labor (within retrulation standards) As required

Provide all other supplies necessary to perform task orders

As required

Provide proof work meets standards (example: GPS/GIS maps, coordinates, photographs)

As required

SECTION V - PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

TRAIL MAINTENANCE

The Contractor shall perform the following tasks and subtasks to the quality performance standards addressed in section VII or as indicated below each task/ subtask.

970(02) C

01 Erosion Control

02 DOCUMENTATION

The Contractor shall provide the following documentation:

QUALITY CONTROL PLAN AND SCHEDULE SAFETY PLAN 981

MOWING

01 Mow up to 60" (or five feet) of trail and a minimum of eight feet high

02 DOCUMENTATION

The Contractor shall provide the following documentation: WORK PLAN AND

SCHEDULE QUALITY CONTROL PLAN AND SCHEDULE SAFETY PLAN

De Soto Ranger District

SPECIFICATIONS/STATEMENT OF WORK

Black Creek Trail Maintenance Wilderness Trail

Wilderness Trail Work Description: The Black Creek Wilderness Trail has been measured at

10.8 miles. All work will be performed by hand tools only as no mechanical or power tools are allowed in the Wilderness. All work will be accomplished with hand tools such as, but not limited to, crosscut saws, axes, sling blades, Kiser blades, etc. The Contractor will cut any debris (three inches in diameter and up) across the trail into six-foot lengths and will be removed from the trail outside the trail clearing limits. The felling shall be controlled to ensure and prevent damage to property, structures, remaining trees, utilities or traffic. The Contractor will be required to cut brush back each side of the center line of the trail to a width of 36" (or 36 inches) and a height of eight feet. All grass and weeds in the trail and trail shoulder will be cut to a height of 1.5 to two inches.

Method of Measurement Measurement shall be made to the nearest (0.1) tenth of a mile using a distance measuring wheel.

Measurement shall be made along the center line of the trail and shall include work on both sides of the trail.

DIVISION 100 - GENERAL SPECIFICATIONS

110 - Scope of Contract

Provide all equipment, labor, materials, tools and other incidentals necessary tosafely and efficiently perform the required trail maintenance work on the designated National Forest trails in accordance with these specifications and exhibits. The work consists of routine maintenance activities normally associated with crushed aggregate and native surfaced trails.

120 - Location and Description of Work

Recreation trails which may receive maintenance activities consist of all those Recreation Trails on the De Soto Ranger District. The work to be performed under this contract is comprised of various maintenance

De Soto Ranger District activities as listed in the Schedule of Items and, in accordance, with Division 200 - Technical Specifications.

130 - Schedule of Work

Work orders may be placed throughout the fiscal year. Work orders issued by the Government will detail the trails to be serviced, the services to be provided and the order in which performance is required. Primary orders for services may be placed monthly and proceed within 72 hours of written notification. However, when deemed necessary by the Forest Service, due to emergencies or other unforeseen acts of nature, short notice orders can be made and deliveries shall be placed within 48 hours of notice.

Work orders issued by the Government will detail the recreation trails to be serviced, the services to be provided and the order in which performance is required. Actual quantities of services ordered will depend upon existing conditions at the time of Government inspection.

Contractors work schedule will be Monday through Friday.

The Contractor will not schedule work for Saturday, Sunday, or Federal Holidays unless approved by C.O.R. However, when deemed necessary by the Forest Service, due to emergencies or other unforeseen acts of nature, short notice orders can be made and deliveries shall be placed within 48 hours of notice on Saturday, Sundays, or Federal Holidays.

140 - Equipment Requirements and Transportation

All equipment proposed to be used for performance of the work shall be of the size, type, and in such condition to properly pursue the requirements of this contract. Equipment specifications and minimum requirements are given in Section 40 of the Supplemental Specifications.

The Contractor's proposed equipment shall be made available to the Contracting Officer for inspection prior to award of the contract, should the Contracting Officer deem necessary.

If at any time during the course of this contract any equipment is deemed unsatisfactory, the Contracting Officer may order removal and may require a satisfactory replacement, at the Contractor's expense.

De Soto Ranger District

Any movement or transportation of equipment to or from the work area

(s) required to pursue the work, repair, or replace, or for Contractor's convenience shall be at the Contractor's expense.

Supplemental Specification

140 - Equipment

Activity Code: 981 Activity:

Mowing, Routine

Some areas require mowing under Activity Code 981 (01) may be hard to get to due to drainages and/ or too wet for conventional rear or front mounted mowing equipment. Hand labor may be required and/ or smaller mowing equipment. The Contractor will be responsible for mowing and/ or cutting all of the miles ordered without rutting the trail to a minimum of six inches in depth.

150 - Public Safety and Traffic Control

The Contractor shall exercise caution and care while pursuing the work to prevent unnecessary conflict with, or potential hazards to, trail and trail users.

The Contractor shall post warning signs with flags on each end of the section of trail being worked. Signs shall be of the 30"x30" size, reflectorized orange with black lettering colors.

These signs shall be moved as needed to properly delineate and identify the section of trail being maintained. At no time shall these signs be more than one quarter mile from operating equipment and shall be in place only when trail equipment or workers are actually performing operations. All slow- moving equipment shall have a reflectorized "slow moving'' vehicle emblem properly attached.

All work shall be scheduled so that by the end of a working day, the trail is passable for the type of traffic normally using the trail. If, for any reason, hazards are left in or adjacent to the trail after a normal work period, they shall be properly signed as hazards and visibly illuminated at night. Segments of unfinished work which may present a hazard to

De Soto Ranger District

Seeding Season From Date To Date Season 1 February May Season 2 June August Season 3 September January

Fertilizer Lbs./Acre Seeding Season

Seed and Rate/acre (Planta combination of any 2 by season)

13-13-13 300 1

Grain Sorghum (Sorghum Bicolor), 15 lbs., 1 in. deep; Deer Jointvetch

(Aeschynomene Americana), 20 lbs., ¼to½ in.deep; Sunflower

(Helianthus annuus) 15 lbs., 1 in.

deep; Chufa (Cyperusesculentus) 40 lbs., 1 in. deep; Alycclover (Alyicarpusviginalis) April-June, 20 lbs., ¼ to ½ in. deen

13-13-13 300 2 Browntop Millet (Urochloa ramosum), 25 lbs., ¼ to ½ in. deep; Foxtail Millet (Setaria italic), 25 lbs., ¼ to ½ in. deep;

Cowpeaa (Vignaunguiculata) April- July, 40 lbs., 1 in. deep; AJycclover

(Alyicarpus viginalis) Aoril-June, 20 lbs.,¼ to½ in. deep

13-13-13 300 3 Oats (Avena sativa), 120 lbs., 1 in.

deep; Rye (Secalecereaij, 120 lbs., 1

in. deep; Arrowleafclover(Trifolium vesiculosum), 15 lbs., ¼to½ in. deep;

Crimson clover (Trifolium incamatum), 30 lbs., ¼ to ½ in. deep;

Ladino White clover (Trifolium repens), 5 lbs., ¼to½ in.deep;

Brassicas (Brassica ssp.), 10 lbs., ¼ to ½ in. deep; Chicory Forage

(Cichorium intybus), 4 lbs., ¼ to ½ in.

deep

As a minimum, seed will be 90% pure with 85% germination.

If soil has not been compacted by weather and a useable seed bed has been created, no scarification will be done. However, if the soil has been compacted by weather, the ditches shall be scarified in order to create a useable seed bed.

De Soto Ranger District trail users, such as rolls of surface material, debris, hazard trees, etc., may not be left in or where they could fall into the trail overnight, on weekends, or holidays.

160 -Accomplishment Records and Reports

Upon completion of a work order, the Contractor shall submit to the Contracting Officer's Representative, an invoice for all work accomplished under the work order. The invoice shall contain an invoice number and shall have the Contractor's "Employer Identification · Number" or "Social Security Number" posted on the invoice.

The Contractor will provide a material receipt for each truck load of material delivered. The receipt will state Contractors name, address, date delivered, Forest Service Trail, inspector's name, and amount of tons. If the Contractor is hauling material by the ton, a weight ticket for each load shall also be provided. The Contractor will deliver to the C.O.R. or their representative the original material receipt for each load delivered that working day. No material can be delivered for the next working day until all receipts for that one day have been accepted. No other receipts for the previous days shall be accepted.

DIVISION 200 - TECHNICAL SPECIFICATIONS

200 - Maintenance Activities

All maintenance work of this contract shall be performed in accordance with the Maintenance Activities herein specified.

ACTIVITY CODE: 970

Maintenance Requirements

Item 970 (02) C Erosion Control

After a section of trail has been finished and inspected, the ditches disturbed will be fertilized and seeded with grass.

De Soto Ranger District

ACTIVITY CODE: 981

Maintenance Requirements

Mowing Trail Limits

Mowing shall consist of cutting grass and small woody plant growth within clearing limits (four inch diameter or less at mower height. Branches on remaining trees and shrubs shall be trimmed up to a height of eight feet above a roadway.) This activity also includes brushing around trail signs, bridge approaches and appurtenances. Handwork may be needed to accomplish this activity, and is considered part of this activity.

981 (01) - Mowing

Mowing operations shall have varying widths beyond the trail way on each side of the trail.

Recreation hiking trails will be mowed up to a width of five feet.

Brush and/ or stem extending into the above described widths up to a minimum of eight feet in height will be cut, however, this work will be incidental to the mowing. Equipment requirements are shown in section 150 of Supplemental Specifications.

All debris thrown onto trail way through Contractor's operations shall be removed. Likewise, all woody material larger than one-inch diameter and two feet in length and any sharp object which could cause damage shall be removed from the trail way, including but not limited to bottles and cans. Care shall be taken that flying objects will not interfere with the safe passing of motorist or pedestrians at all times.

Care shall be taken not to damage any Gopher Tortoise Burrow. 981 (02) - Hazard

Tree Removal

All dead trees and/ or snags within 100 feet of the trail way shall be felled. Controlled felling shall be used that will ensure the direction necessary to prevent damage to property, structures, remaining trees, power utilities and traffic. It will be the contractor's responsibility to locate all utilities before beginning operations. Remaining stump height will be 12 inches or less and slash will be lopped to a maximum height of four feet above ground level (For

De Soto Ranger District removal of debris, refer to paragraph three of this activity). Frequently traveled roads should have a lookout with the feller for the protection of Forest Users.

Proper safety equipment should be used for protection of Chainsaw Operator and Lookout.

Method of Measurement

Measurement shall be made to the nearest (0.1) tenth of a mile using a distance measuring wheel. Measurement shall be made along the center line of the trail and shall include work on both sides of the trail.

Basis of Payment

Payment shall be made for all work of this activity, inspected and accepted, in accordance with the following pay items and the bid unit price.

Pay Item Description Pay Unit 981 (01) Mowing Mile 981 (02) Hazard Tree Removal Each

SECTION D - Packaging and Marking

{There are no clauses for this Section.}

Trail Maintenance on the National Forests in

Mississippi, De Soto Ranger District

SECTION E - Inspection and Acceptance

FAR 52.246-12 Inspection of Construction. (APR 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the

De Soto Ranger District

Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

SECTION F - Deliveries or Performance

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

The Contractor shall be required to (a) commence work under this contract within 10 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 ninety (90) days thereafter. The time stated for completion shall include final cleanup of the premises.

(End of clause)

FAR 52.242-14 Suspension of Work. (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of thiscontract.

(c) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of clause)

De Soto Ranger District

SECTION G - Contract Administration Data

AGAR 452.215-73 Post-award Conference. (NOV 1996)

A post award conference with the successful offeror may be required. It will be scheduled within 10 days after the date of contract award. The conference will be held at:

U.S. Forest Service DeSoto Ranger District 654 West Frontage Rd Wiggins, MS 39577

(End of Clause)

G.1 INVOICES SHALL BE SUBMITTED TO:

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

The successful offeror shall register at https://www.ipp.gov/vendors/enrollment-vendors.htm if they have not already established an account.

G.2 FOREST SERVICE REPRESENTATIVES:

Cynthia Granderson shall serve as the Contracting Officer on this contract. She shall have full warrant authority over all contract issues. She can be reached at cynthia.granderson@usda.gov.

A Contracting Officer Representative shall be appointed for this contract upon award. His/her delegated authority and responsibilities shall be defined on a delegation letter issued after contract award. This delegation shall also contain his/her contact information.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm mailto:jay.g.tobin@usda.gov

De Soto Ranger District

SECTION H - Special Contract Requirements

AGAR 452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause

52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

(End of clause)

AGAR 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Supervisor/ Superintendent.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

De Soto Ranger District

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 these addresses:

www.acquisition.gov/far www.usda.gov/procurement/policy/agar.html

(End of clause)

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED BY REFERENCE:

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) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-7 System for Award Management. (OCT 2018) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2018) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018) 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. (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-8 Utilization of Small Business Concerns. (NOV 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 Act - Overtime Compensation. (MAR 2018) 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work. (MAY 2014) 52.222-6 Construction Wage Rate Requirements. (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 Act Regulations. (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-19 Child Labor-Cooperation with Authorities and Remedies. (JAN 2018) 52.222-21 Prohibition of Segregated Facilities. (APR 2015) 52.222-26 Equal Opportunity. (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

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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 the National Labor Relations Act. (DEC 2010) 52.222-50 Combating Trafficking in Persons. (JAN 2019) 52.222-54 Employment Eligibility Verification. (OCT 2015) 52.223-1 Biobased Product Certification. (MAY 2012) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts. (SEP 2013) 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) 52.228-2 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) 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) 52.233-1 Disputes. (MAY 2014) 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. (APE 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) 52.236-14 Availability and Use of Utility Services. (APR 1984) 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) 52.236-22 Design within Funding Limitations. (APR 1984) 52.236-23 Responsibility of the Architect-Engineer Contractor. (APR 1984)

52.236.26 Preconstruction Conference. (FEB 1995)

52.242-13 Bankruptcy. (JUL 1995) 52.243-4 Changes. (JUN 2007) 52.245-9 Use and Charges (APR 2012) 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)

AGRICULTURALACQUISTIONREGULATIONS(AGAR) CLAUSESINCORPORATEDBYREFERENCE:

452.236-71 Prohibition against the Use of Lead-Based Paint. (NOV 1996)

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452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

FAR 52.225-9 Buy American Act - Construction Materials. (MAY 2014)

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

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

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“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Governmentas follows: [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

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(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of clause) FAR 52.228-13 Alternative Payment Protections (JUL 2000)

(a) The Contractor shall submit one of the following payment protections:

Payment Bond Irrevocable Letter of Credit Certificate of Deposit

(b) The amount of the payment protection shall be 100 percent of the contract price.

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(c) The submission of the payment protection is required within ten (10) days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

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.

(End of Clause)

FAR 52.236-1 Performance of Work by the Contractor. (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen (15%) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

FAR 52.244-6 Subcontracts for Commercial Items. (JAN 2019)

(a) Definitions. As used in this clause—

“Commercial item and commercially available off-the-shelf item” have the meanings contained Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)

(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

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(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509), if the subcontract exceeds $5.5 million and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreementsor Statements (Jan 2017).

(iv) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) other than subcontracts for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (c ) of FAR clause 52.204-21.

(v) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L.

115-91).

(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212(a));

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employments Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii)

(A) 52.222-50, Combating…