Sol_Tems(B-M)_1282AT19R0011-0001F.pdf

Solicitation No. 1282AT19R0011-0001 Arapaho Roosevelt NF’s and Pawnee NG Page 4 of 60 SRD ANRA Toilet Pumping Multi-Year

Continuation of SF 1449

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

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

USDA is an equal opportunity provider and employer.

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P).

For more information on biobased program and biobased products, refer to the links under Section C.9.1. and C.9.2.

Arapaho Roosevelt NF’s and Pawnee NG Page 5 of 60

This Page Intentionally Left Blank

Arapaho Roosevelt NF’s and Pawnee NG Page 6 of 60

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 OFFERORS

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M – EVALUATION FACTORS FOR AWARD

Arapaho Roosevelt NF’s and Pawnee NG Page 7 of 60

SECTION B – SCHEDULE OF ITEMS

**FOR SOLICITATION PURPOSES, CONTRACTOR SHALL COMPLETE THE SCHEDULE OF ITEMS IN

SECTION J, ATTACHMENTS.**

BASE PERIOD ITEMS (AWARD through 31 October 2020)

Item No. Description Quantity Est. Vault

Size Unit of

Measure Unit Price Total Price

Vault Pumping at Willow Creek Boat Ramp

1 1,000 gal Each $0.00 $0.00

Vault Pumping at Green Ridge Boat Ramp

1,000 gal

Each $0.00 $0.00

3 Vault Pumping at Willow Creek Canal 2 1,000 gal Each $0.00 $0.00 4 Vault Pumping at Quinette Point 2 1,000 gal Each $0.00 $0.00 5 Vault Pumping at Stillwater Boat Ramp 1 1,000 gal Each $0.00 $0.00 6 Vault Pumping at Idle Glen 1 1,000 gal Each $0.00 $0.00 7 Vault Pumping at Bull Mountain 2 1,000 gal Each $0.00 $0.00 8 Vault Pumping at Monarch Lake 2 1,000 gal Each $0.00 $0.00 9 Vault Pumping at Pine Beach 1 1,000 gal Each $0.00 $0.00

10 Vault Pumping at Meadow Creek 3 1,000 gal Each $0.00 $0.00 11 Vault Pumping at Sunset Boat Ramp 4 1,000 gal Each $0.00 $0.00

TOTAL BASE PERIOD ITEMS $0.00

OPTION YEAR ONE (1) ITEMS (1 November 2020 through 31 October 2021)

Est. Vault

Size

Ramp

1 1,000 gal Each $0.00 $0.00

Vault Pumping at Green Ridge Boat Ramp

1,000 gal

Each $0.00 $0.00

3 Vault Pumping at Willow Creek Canal 2 1,000 gal Each $0.00 $0.00 4 Vault Pumping at Quinette Point 2 1,000 gal Each $0.00 $0.00 5 Vault Pumping at Stillwater Boat Ramp 1 1,000 gal Each $0.00 $0.00 6 Vault Pumping at Idle Glen 1 1,000 gal Each $0.00 $0.00 7 Vault Pumping at Bull Mountain 2 1,000 gal Each $0.00 $0.00 8 Vault Pumping at Monarch Lake 2 1,000 gal Each $0.00 $0.00 9 Vault Pumping at Pine Beach 1 1,000 gal Each $0.00 $0.00

TOTAL OY1 ITEMS $0.00

Arapaho Roosevelt NF’s and Pawnee NG Page 8 of 60

OPTION YEAR TWO (2) ITEMS (1 November 2021 through 31 October 2022)

Est. Vault

Size

Ramp

1 1,000 gal Each $0.00 $0.00

Vault Pumping at Green Ridge Boat Ramp

1,000 gal

Each $0.00 $0.00

3 Vault Pumping at Willow Creek Canal 2 1,000 gal Each $0.00 $0.00 4 Vault Pumping at Quinette Point 2 1,000 gal Each $0.00 $0.00 5 Vault Pumping at Stillwater Boat Ramp 1 1,000 gal Each $0.00 $0.00 6 Vault Pumping at Idle Glen 1 1,000 gal Each $0.00 $0.00 7 Vault Pumping at Bull Mountain 2 1,000 gal Each $0.00 $0.00 8 Vault Pumping at Monarch Lake 2 1,000 gal Each $0.00 $0.00 9 Vault Pumping at Pine Beach 1 1,000 gal Each $0.00 $0.00

TOTAL OY2 ITEMS $0.00

OPTION YEAR THREE (3) ITEMS (1 November 2022 through 31 October 2023)

Est. Vault

Size

Ramp

1 1,000 gal Each $0.00 $0.00

Vault Pumping at Green Ridge Boat Ramp

1,000 gal

Each $0.00 $0.00

3 Vault Pumping at Willow Creek Canal 2 1,000 gal Each $0.00 $0.00 4 Vault Pumping at Quinette Point 2 1,000 gal Each $0.00 $0.00 5 Vault Pumping at Stillwater Boat Ramp 1 1,000 gal Each $0.00 $0.00 6 Vault Pumping at Idle Glen 1 1,000 gal Each $0.00 $0.00 7 Vault Pumping at Bull Mountain 2 1,000 gal Each $0.00 $0.00 8 Vault Pumping at Monarch Lake 2 1,000 gal Each $0.00 $0.00 9 Vault Pumping at Pine Beach 1 1,000 gal Each $0.00 $0.00

TOTAL OY3 ITEMS $0.00

Arapaho Roosevelt NF’s and Pawnee NG Page 9 of 60

OPTION YEAR FOUR (4) ITEMS (1 November 2023 through 31 October 2024)

Item No. Description Est. Vault

Size Quantity

Ramp

1,000 gal 1 Each $0.00 $0.00

Vault Pumping at Green Ridge Boat Ramp

1,000 gal 1 Each $0.00 $0.00

3 Vault Pumping at Willow Creek Canal 1,000 gal 2 Each $0.00 $0.00 4 Vault Pumping at Quinette Point 1,000 gal 2 Each $0.00 $0.00 5 Vault Pumping at Stillwater Boat Ramp 1,000 gal 1 Each $0.00 $0.00 6 Vault Pumping at Idle Glen 1,000 gal 1 Each $0.00 $0.00 7 Vault Pumping at Bull Mountain 1,000 gal 2 Each $0.00 $0.00 8 Vault Pumping at Monarch Lake 1,000 gal 2 Each $0.00 $0.00 9 Vault Pumping at Pine Beach 1,000 gal 1 Each $0.00 $0.00

10 Vault Pumping at Meadow Creek 1,000 gal 3 Each $0.00 $0.00 11 Vault Pumping at Sunset Boat Ramp 1,000 gal 4 Each $0.00 $0.00

TOTAL OY4 ITEMS $0.00

Notes:

1. Quantity refers to the number of vaults.

2. All pricing is firm fixed.

3. Payment will be based on the services provided for the specified vault(s). Not all vaults will require regular-recurring service.

Arapaho Roosevelt NF’s and Pawnee NG Page 10 of 60

SECTION C – DESCRIPTION/SPECIFICATIONS

C.1 SCOPE OF CONTRACT

The Arapaho Roosevelt National Forests and Pawnee National Grasslands (ARP) Sulphur Ranger District (SRD) requires regular and as-needed toilet maintenance and vault toilet pumping services for 11 locations spread throughout the district.

The Government anticipates awarding this program under a single-award, multi-year contract for a potential maximum of five years (base period plus four optional years). This opportunity requires one (1) contractor to support the work.

C.2 DESCRIPTION OF WORK

The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to perform the work and toilet pumping for the locations listed under C.3 of this solicitation/contract terms, across the Sulphur Ranger District.

C.2.1 Performance of the Work

C.2.1.1 Regular Scheduled Work Services. The vault pumping timeframe generally occurs May 1st through November 1st.

The frequency of vault pumping services may vary, depending on usage and environmental/weather conditions. Therefore, toilets may be closed as determined by the Contracting Officer Representative during winter months. The specified timeframe may change based on these conditions as well. ;

Scheduling Work. Following contract award, subsequent requests for pumping services may be made verbally or in writing by the designated COR and confirmed in the Contracting Officers Representative’s records (Daily Diary). Subsequent a request for service, the contractor shall notify the Contracting Officers Representative within 24 hours of the time the work is completed.

Service Hours. Service may be performed at any time of day but shall be performed during the work week. Service will not be performed on weekends or Federal Holidays.

C.2.1.1.1 Regular scheduled duties are to include:

Pump vaults and dispose of waste at a permitted facility (documentation of proper disposal is to be provided to the

Owner with invoicing).

Notify Owner of any damage or excessive dumping of trash.

Add 100-gallons of water to each vault after pumping.

C.2.1.1.2 Regular scheduled work will be awarded under the base period and subsequent option years. The performance of regular scheduled work will be in accordance with the description and specifications contained under C.2.1.1.

C.2.1.1.3 All solid waste material or refuse capable of being pumped shall be removed from each vault for which pumping services are ordered. Any other material not pumped out shall be removed, bagged, and disposed of off National Forest land at an approved waste facility.

C.2.1.1.4 Waste products extracted from the vaults will be disposed of at the contractor’s expense at an approved municipal or county sewage disposal facility. It shall be the contractor’s responsibility to locate and to make proper arrangements to dispose of sewage at disposal and treatment facilities, which meet State and local requirements.

C.2.1.1.5 After refuse is pumped or otherwise removed, the vault shall be flushed with a chemical solution consisting of water and disinfectant. The interior of the toilet building, including the toilet stool (inside and out), floors, wall surfaces, and the entrance area walkway shall be cleaned of all waste products and refuse after pumping operations. A general purpose disinfectant/detergent/deodorant shall be applied to the interior of the toilet building.

Arapaho Roosevelt NF’s and Pawnee NG Page 11 of 60

C.2.1.1.6 The contractor shall remove and replace any barriers required for access to pump the toilet vaults.

C.2.1.1.7 All toilets pumped will require a 3” re-charge of water or approximately 100 gallons. The 3” depth is measured directly below the riser from the bottom of the tank. Water for re-charging shall be considered incidental to the pumping.

C.2.1.1.8 All work under this project shall be performed in a manner providing a minimum of interference with the users of the recreation areas. Appropriate temporary closure notices shall be posted during service. Service shall be conducted in a manner that is respectful to users of the facility and allows for restricted continued use of the facility if possible (i.e. Closure of one hole at a time) or if full closure is necessary it shall be for the minimum time possible. Any incidents with the public shall be reported to the Contracting Officer and Contracting Officer Representative as soon as possible.

C.2.1.1.9 Several toilets/vaults at different sites and locations may be pumped depending on amount of use and need. Bids should reflect the cost per gallon pumped at each of the sites and include any transportation and disposal costs. If several trips are needed, then vaults will be prioritized by the Contracting Officers Representative, and individual sites may need to be visited more than once to complete the job. The Contracting Officers Representative will determine the most efficient and cost effective pumping schedule and will work with the contractor to ensure that a full load is taken each time.

C.2.1.1.10 The Contractor shall keep written documentation of regular service which shall be submitted with invoices.

C.2.1.1.11 The Contractor shall maintain regular contact with the Contracting Officer Representative at the Sulphur Ranger District.

C.2.1.1.12 Service trucks shall be driven on established roads and spurs only, unless otherwise authorized by the Contracting Officer or Contracting Officer Representative.

C.2.1.1.13 Care shall be taken to protect and maintain the parking lot delineators, signage, pavement improvements and vehicles parked at the facility during maintenance activities. Public use of the facilities shall be considered and protected at all times. Any Damage that the Contractor is attributing from factors other than the service work performed by the Contractor must be identified to the COR before service work begins. Otherwise, the Contractor shall be held liable. For Contractor damages to Government Property, the Contractor shall restore at the Contractor’s expense, and no expense to the Government, any Government property, including but not limited to: facilities, equipment, structures, land, natural resources or other Government property damaged as a result of performing the requirements of this statement of work. Repairs shall be made promptly and to the satisfaction of the CO. In addition the damage shall be reported to the COR and CO within 24 hours of the occurrence. All repairs or replacements made to Government property shall be done using quality workmanship and materials and the damaged property shall be repaired to an equal or better condition than existed prior to the damage.

Materials used for replacement shall be new or good as new and shall not be worn out, damaged, or out of date.

C.2.2 Unscheduled Service.

The Government may elect to add service to the regular schedule for special events or periods of heavy use at the written authorization of the Contracting Officer. If the Contractor notices the facility is getting used more than the regular scheduled maintenance can accommodate, the Contracting Officer Representative shall be notified immediately. Additional service may be added to the regular schedule at the written authorization of the Contracting Officer. Payment for additional service shall be based on unit bid prices for regular service.

C.2.2.1 Unscheduled service must comply with the terms herein. Additional requirements will be specified during a call request.

C.2.3 Equipment.

All equipment shall be in good repair with appropriate lights and reflectors and intended for the task assigned and shall appropriately contain waste for transport. No equipment or materials are to be stored at the parking area site.

C.2.3.1 The Contractor shall furnish all supervision, labor, materials, tools, supplies, and equipment required for performance of work described in this statement of work. All supplies and materials used by the Contractor shall be new or

Arapaho Roosevelt NF’s and Pawnee NG Page 12 of 60 will require approval by the CO or COR.

C.2.3.2 Equipment shall meet or exceed the following minimum requirements:

Pumper tank capacity of 1,000 gallons.

Vacuum pump.

3 inch diameter intake valve and 200 feet of hose.

Long handled grappling device.

Capability of carrying extra water for cleaning purposes and for re-charging.

Back-up warning device.

452.211-72 Statement of Work/Specifications. (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications under the awarded contract and each subsequent awarded option year at the Government’s discretion.

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988) The attachments to the Statement of Work/Specifications are contained herein and are hereby made part of the applicable solicitation and any resultant contract.

C.3 LOCATION OF PROJECT

The services are required at various recreation sites on the Sulphur Ranger District, in the vicinity of Grand County, Colorado. The 11 sites to be serviced, as shown on the attached map are:

1. Willow Creek Boat Ramp

1. Directions – From Granby, travel on Hwy 34, 5.2 miles and turn west onto CR 40, travel approximately 3 miles to the reservoir. Go over the bridge and follow the road to the east end boat ramp.

2. Green Ride Boat Ramp Directions – From Granby, travel approximately 11.7 miles to CR 66 and turn east. Follow the road approximately 1.2 miles passing over the canal and turn left to the boat ramp.

3. Willow Creek Canal Directions – From Granby, travel on Hwy 34, 5.4 miles to CR 6 and turn east, take an immediate left into the picnic area.

4. Quinette Point Directions – From Granby, travel on Hwy 34, 5.4 miles to CR 6 and turn east, travel about 400 ft. and turn left into the picnic area.

5. Stillwater Boat Ramp Directions – From Granby, travel approximately 9.9 miles on Hwy 34 and turn east into the Stillwater Campground, follow the road to the boat ramp area.

6. Idle Glen (2 hole vault at 500gal/hole) Directions – From Granby, travel approximately 8.5 miles to CR 4 and turn west. Follow CR 4 approximately 1.9 miles and the Idle Glen parking area is on your left, the vault toilet is on the west end of the parking area.

7. Bull Mountain (2 hole vault at 500gal/hole) Directions – Same directions as to Idle Glen, continue on CR 4, approximately 1.5 miles and turn left. This will be a loop that goes down, curves to the right and goes back up to CR 4. Both toilets are along this route and not visible from the main road.

8. Monarch Lake Directions – From Granby, travel on Hwy 34, 5.4 miles to CR 6 and turn east. Continue to travel on CR 6, 9.6 miles to Monarch Lake.

Arapaho Roosevelt NF’s and Pawnee NG Page 13 of 60

9. Pine Beach Directions – From Granby, travel on Hwy 34 approximately 12.8 miles to CR 672 and turn east. Follow the road and go straight approximately .2 miles.

10. Meadow Creek Directions – From Granby, travel east on Hwy 40 to Tabernash, approximately 11.9 miles and turn east on CR 83, follow CR83 about .9 miles to CR 84 and turn left. Continue up to Meadow Creek approximately 8.7 miles. The first toilet is located right when you get to the reservoir in the parking area. The next is approximately ¾ - 1 mile past the parking area, and the last one is approximately 1 mile past the second toilet by the Junco cabin.

11. Sunset Boat Ramp Directions – From Granby, travel on Hwy 34, 5.4 miles to CR 6 and turn east, travel approximately 1 mile and turn left onto Sunset Point Road, travel approximately .4 miles to the boat ramp.

C.4 CONTRACT TIME

The period of performance for this contract includes a base period, award through 31 October 2020 and will include 4 optional years that may be exercised at the discretion of the Government. Option years are 1 November through 31 October, with the last optional year end date being 31 October 2024.

C.4.1 Period of Performance. The Base Period and each exercised option year will be pre-established at base award and will be in accordance with the work and performance contained herein.

C.5 CONTRACT TYPE AND DETAILS

This contract is anticipated to be a single award multi-year stand-alone contract. Funding for work will be awarded as funds are available.

C.6 GOVERNMENT FURNISHED PROPERTY/MATERIAL

Unless otherwise stated, the contractor shall furnish all equipment and/or materials to perform this work. Any applicable Government Furnished Property/Material supplied, if applicable:

Will be identified in the work order requests.

Will be coordinated on a case by case basis by the COR.

Will require written confirmation of receipt by the Contractor to the COR. Emails are acceptable.

C.7 PERSONNEL, PERMITS AND RESPONSIBILITIES

The contractor shall be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and Municipal laws, codes, and regulations applicable to the performance of the work. The contractor shall be responsible for all damages to persons or property, which occur as a result of the Contractor’s performance or negligence.

C.7.1 The contractor shall provide and ensure personnel performing under this contract are equipped with the necessary training, resume, qualifications and clearances required to accomplish all requirements of this contract. The Government may require proof in the form of written documentation of personnel qualifications, training and clearances at its discretion.

C.7.2 The Contractor shall be responsible for the conduct of all Contractor employees.

C.7.3 Insurance The Contractor shall provide proof of liability insurance with the bid for services and ensure current copies are provided showing unexpired coverage throughout the duration of this contact. Refer to Section E of the solicitation/contract terms.

C.8 SAFETY

Arapaho Roosevelt NF’s and Pawnee NG Page 14 of 60

Contractors are subject to all applicable State and Federal OSHA rules and regulations. At time of award, the contractor shall submit to the COR the Material Safety Data Sheets (MSDS) with the intended use of each of the solutions the contractor proposes to use in the performance of work. MSDS sheets shall be supplied to the COR prior to using the items in the buildings. The contractor shall not use any materials in which the COR determines to be unsuitable for the work, or harmful to the surfaces it is intended to be applied to. This does not relieve the contractor of any damages resulting from the application of such materials. All containers used shall be clearly marked with manufacturer, type of chemical and intended usage. Mixing of chemicals is not allowed.

All equipment used in the process of cleaning the facilities shall be kept in safe working condition. All equipment used shall be inspected prior to each use. The contractor shall remove damaged equipment from service until repairs are made or equipment replaced.

C.9 SUSTAINABLE PRODUCTS

The Contractor shall comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

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

C.9.1 In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired:

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

- Meeting contract performance requirements; or

- At a reasonable price.

- Information about this requirement and these products is available at http://sftool.gov/green-products/1/construction-materials

C.9.2 The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than:

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

2. At the end of contract performance.

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

C.9.3 Sustainable products identified for this solicitation:

The following is an example list of products that may be used in this contract for operations and maintenance for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

C.9.3.1 Diesel Fuel Additives

(1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use.

(2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20). 90% - Minimum Biobased Content.

Arapaho Roosevelt NF’s and Pawnee NG Page 15 of 60

C.9.3.2 Hydraulic Fluids - Mobile Equipment

Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes. 44% - Minimum Biobased Content.

C.9.3.3 Penetrating Lubricants

Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Biobased Content.

C.9.3.4 Greases - Truck

Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots. 71% - Minimum Biobased Content.

C.9.3.5 Gear Lubricants

Products, such as greases or oils, that are designed to reduce friction when applied to a toothed machine part (such as a wheel or cylinder) that meshes with another toothed part to transmit motion or to change speed or direction. 58% - Minimum Biobased Content.

C.9.3.6 Fuel Conditioners

Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system. 64% - Minimum Biobased Content.

C.9.3.7 Erosion Control Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth. 77% - Minimum Biobased Content.

C.10 DEFINITIONS

Administrative Contracting Officer (ACO) - The ACO has authority for the administration of the contract and will handle all matters beyond the authority of the COR. Generally, this includes the day-to-day administration of the contract, except for matters pertaining to changes in contract price and time.

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

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

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

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

Arapaho Roosevelt NF’s and Pawnee NG Page 16 of 60

SECTION D – PACKAGING AND MARKING

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

Arapaho Roosevelt NF’s and Pawnee NG Page 17 of 60

SECTION E – INSPECTION AND ACCEPTANCE

E.1. GENERAL

All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and testing at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

Work shall be inspected by the Government and checked for compliance with the specifications. The Government will verbally notify the contractor within 48 hours of any non-acceptance of work.

52.246-1 Contractor Inspection Requirements. (APR 1984) The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of clause)

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

452.246-70 Inspection and Acceptance – Alternate I (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection will be performed at: the work site designated in each call order.

(c) Acceptance will be performed at: the Contracting Officer's or the Contracting Officer's duly authorized representatives’ work location.

E.2 FAILURE TO PERFORM

If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. If the work remains deficient, the COR may have the work accomplished by other means and deduct the cost thereof from the monthly payment. When the defects in services cannot be corrected by re-performance, the Government may—

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

and/or

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

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

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

(2) Terminate the contract for cause.

Arapaho Roosevelt NF’s and Pawnee NG Page 18 of 60

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The period of performance for this parent contract includes a base period, award through 31 October 2020 and will include 4 optional years that may be exercised at the discretion of the Government. Option years are 1 November through 31 October, with the last optional call end date being 31 October 2024.

Optional years are not guaranteed. The Government will make intent to exercise notifications within thirty (30) calendars days of the effective start date of each subsequent option year.

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this agreement within 3 business days after the date the Contractor receives the notice to proceed and/or within 24 hours of subsequent calls/emails for work order requests,

(b) Perform the work diligently, and

(c) Complete the entire work ready for use not later than the agreed upon timeframe specified at the time of the order request or specified in Section C of the solicitation/contract terms. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.242-14 Suspension of Work. (APR 1984) 52.242-15 Stop-Work Order. (AUG 1989) 52.242-17 Government Delay of Work. (APR 1984)

452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from Award through 31 October 2020. All option years shall be awarded within the performance period specified at award. Award of option years is not guaranteed.

(End of Clause)

452.211-75 Effective Period of the Contract. (FEB 1988) The effective base period of this FFP stand-alone contract is the estimated award date (on or about 27 September) through 31 October 2020. The contract contains four (4) one year optional years that may be exercised at the discretion of the Government.

F.2 RECOGNIZED FEDERAL HOLIDAYS

The Government recognizes the following holidays. Should a recognized holiday fall on a weekend, the alternate day designated by the Government shall be recognized as the holiday.

1. New Year’s Day 6. Labor Day

2. Martin Luther King, Jr. Day 7. Columbus Day

3. President’s Day 8. Veteran’s Day

4. Memorial Day 9. Thanksgiving Day

5. Independence Day 10. Christmas Day

Arapaho Roosevelt NF’s and Pawnee NG Page 19 of 60

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 INVOICES & PAYMENTS

G.1.1 Invoices. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System.

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

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

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s).

G.1.1.1 Itemized invoice shall include at a minimum:

Contractor Name and Address Contract, Task/Call Order or Purchase Order numbers Invoice Number Description of Services or work completed.

Date of services or completion.

G.1.2 Certified Payrolls Reserved.

G.1.3 Final Payment Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), Final payment will be made within 30 calendar days after presentation of a properly executed invoice and the contractor certified release of all claims against the Government, other than claims arising under this contracted, in stated amounts, which the Contractor specifically accepts from the operation of the release. See G.3.9 for Contract Release of Claims.

G.2 FOREST SERVICE REPRESENTATIVES:

The signing Contracting Officer (CO) for this parent contract is Klenise Wallace, klenise.wallace@usda.gov or call 970- 295-6680. The Contracting Officer has full warrant authority over all contract issues.

The parent Contracting Officer Representative (COR) is Jodi King, reachable at jodi.king@usda.gov or 970-887-4136. The COR delegated authority, responsibilities and contact information will be defined on a delegation letter issued after contract award.

G.3 CONTRACT ADMINISTRATION DATA

G.3.1 Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

G.3.2 Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

G.3.3 Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Arapaho Roosevelt NF’s and Pawnee NG Page 20 of 60

G.3.4 Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

G.3.5 Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract issuance and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

G.3.6 Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

G.3.7 Reserved.

G.3.8 Subcontracting. All Subcontractors performing work under this agreement or any subsequent BPA Calls must be identified and approved by the Government Contracting Officer in writing in advance of work performance. Contractor shall submit a Subcontractor Approval form, FS 6300-11for all applicable subcontractors.

G.3.9 Contract Release of Claims. Following completion and acceptance of any work performed (including return of Government furnished property and site cleanup), final payment will be made within 30 calendar days after presentation of a properly executed invoice. A release of claims against the Government is required for all Contracts (last applicable executed option year)following the final performance end date. The release of claims does not include claims arising under this parent contract, in stated amounts, which the Contractor specifically accepts from the operation of the release. A release of claims will be required and includes the specified amount applicable to the work completed.

Arapaho Roosevelt NF’s and Pawnee NG Page 21 of 60

G.4 EVALUATING CONTRACTOR PERFORMANCE

The Contractor’s performance will be evaluated throughout the course of the contract. If the contract total value exceeds the Simplified Acquisition Threshold (SAT) (FAR Part 2.101), the performance evaluation will be added to the Contractor Performance Assessment Reporting System (CPARS). If the contract total value is below SAT, evaluations will be documented in consideration of option years and in conjunction with closeout procedures.

The Department of Agriculture, US Forest Service, Rocky Mountain Region, uses the Contractor Performance Assessment Reporting System (CPARS) modules as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both USFS and the contractor.

Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated emails.

Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract number(s) and evaluation module assigned. The contractor will have one user account set up that will allow access to all three modules.

Contractors are encouraged to visit https://www.cpars.gov/ to sign up for the free on-line Contractor Overview training when these sessions are offered.

Once the evaluation is readied and released, the contractor will receive a second email alerting them the evaluation is ready for their review and comment. The contractor will have thirty (30) days to respond to the evaluation. USFS shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between USDA FS and the contractor regarding USDA FS’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

NOTE: Unless the contractor provides a different POC to the contracting officer after award, the contracting officer will use the Past Performance Point of Contact (POC) listed on the contractors Central Contractor Registration (CCR) profile as the default Past Performance POC. This is the person that will receive the above CPARS email alerts. Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal Agencies to support future award decisions. In accordance with FAR Clause 52.204-7 the contractor is responsible for the accuracy and completeness of the data within the System for Award Management (SAM) database.

Arapaho Roosevelt NF’s and Pawnee NG Page 22 of 60

SECTION H – SPECIAL CONTRACT REQUIREMENTS

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative

(b) During the first ninety (90) days of the contract award date, 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 3 business 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 10 business 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.

H.1 FIRE CONTROL

H.1.1 Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

H.1.2 Fire Protection Requirements. At all times during closed fire season period, as specified by State law, the Contractor shall comply with local operations.

H.1.3 Fire Plan. No formal fire plan will be required under this contract.

H.2 CAMPING

No camping will be authorized under this contract.

H.3 SAFETY

The contractor should have an internal safety plan for the work being performed.

H.4 PREWORK CONFERENCE

After issuance of contract award and prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, worksite plan, and fire prevention plans shall be finalized in writing.

Arapaho Roosevelt NF’s and Pawnee NG Page 23 of 60

SECTION I - CONTRACT CLAUSES

Contract Clause Number Contract Clause Title, Description (when applicable) and Effective Date 52.204-7 System for Award Management (OCT 2018) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.207-3 Right of First Refusal of Employment (MAY 2006) 52.209-1 Qualification Requirements (FEB 1995) 52.212-4 Contract Terms and Conditions – Commercial Items. (OCT 2018)

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

The Government must exercise its post-acceptance rights --

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

Arapaho Roosevelt NF’s and Pawnee NG Page 24 of 60

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.

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

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

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

Arapaho Roosevelt NF’s and Pawnee NG Page 25 of 60

(4) Discount. In connection with any discount offered for…