12-82AT-19-R-4005___Deadman_Roadside.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

1. REQUISITION NUMBER

945626

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

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

12-82AT-19-R-4005

6. SOLICITATION ISSUE DATE

06/13/2019

7. FOR SOLICITATION

INFORMATION CONTACT:

a. NAME AND EMAIL Brooke Barker: brooke.barker@usda.gov

b. TELEPHONE NUMBER (No collect calls)

(970) 295-6610

8. OFFER DUE DATE:

07/25/2019

TIME: 1300 MST/MDT

USDA Forest Service Region 2 Arapaho & Roosevelt National Forests 2150 Centre Avenue, Building E Fort Collins, CO 80526 Email: brooke.barker@usda.gov Phone No.: (970) 295-6610

(WOSB) ELIGIBLE UNDER THE WOMAN- OWNED SMALL BUSINESS PROGRAM

500 Employees

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT TERMS

14. METHOD OF SOLICITATION

Email: @ Telephone No: ( ) - x Invoice Processing Payment (IPP) Submit invoices electronically to www.ipp.gov

DUNS:

IS CHECKED: |_| ‘ SEE ADDENDUM

19.

CLIN

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

DEADMAN ROADSIDE Stewardship Roosevelt National Forest Canyon Lakes Ranger District PERIOD OF PERFORMANCE: 07/29/2019 to 10/15/2021

See attached Schedule of Items in Section B

25. ACCOUNTING AND APPROPRIATION DATA:

26. TOTAL AWARD AMOUNT (Govt. Use Only)

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS: ,

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

Arapaho Roosevelt NFs 12-82AT-19-R-4005 Canyon Lakes RD

TABLE OF CONTENTS

DEADMAN ROADSIDE Stewardship Page 21 of 69

PART I—THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL INFORMATION

STEWARDSHIP AUTHORITY

Section 604 (16 USC 6591c) of Public Law 108-148 as amended by Section 8205 of Public Law 113-79, the Agricultural Act of 2014—Grants the U.S. Forest Service (Government) permanent authority to enter into stewardship contracts or agreements to achieve land management goals for the National Forests or public lands that meet local and rural community needs. Section 8205 supersedes the temporary authority granted to the Forest Service (Government) in section 347 of Public Law 105-277, the Omnibus Consolidated and Emergency Appropriations Act, 1999.

REGISTRATION

All Contractors must be actively registered in the System for Award Management (SAM) (http://www.SAM.gov) to be eligible for award under this solicitation. If not actively registered by time of proposal evaluations, you will not be considered for award. Registration in SAM is a free service – you do not need to pay to register in this system.

BONDS

Bid Bonds are not required for this project.

Neither a Payment nor Performance bond is required for this project.

PROPOSALS

Proposals shall be valid for 90-days after the date of receipt for the solicitation. If additional time is needed, an extension must be requested in writing and may or may not be granted.

PRE-BID/PRE-PROPOSAL CONFERENCE

Details are located in Section L.4.1 of this solicitation under “AGAR 452.204-70—PRE-BID/PRE-PROPOSAL CONFERENCE”.

QUESTIONS

In accordance with AGAR 452.204-70—INQUIRIES, pre-award questions, inquiries and all correspondence concerning this solicitation shall be submitted in writing to the Contracting Officer (CO). Offerors shall contact only the CO issuing the solicitation about any aspect of this requirement prior to contract award. The CO’s contact information is located in Block 7a of the SF-1449.

MANDATORY WORK ACTIVITIES

QTY.

(Appendix A and B apply)

(Appendix A and B apply)

(Appendix C applies)

(Appendix A applies)

B.2.2 [Reserved]

(FLAT)

TOTAL OFFER

LP

Live/Dead

Engelmann Spruce Live/Dead

True Fir Live/Dead

Total Quantity

Note: These schedules are for pricing/payment purposes. See Instructions to Offerors (Section L) for business proposal requirements.

Note: Price Proposals MUST be provided on ALL Items in Schedules: Mandatory Work and Timber or Other Products Removal Price.

B.3 LAND MANAGEMENT ACTIVITIES

Performance of land management activities shall be in accordance with the Project Description and Specifications in Section C—Project Description and Work Specifications.

Payment for land management, Mandatory Work Activities listed in Section B.2.1 will be made with either Stewardship Credits in lieu of cash, as defined in Section G, or in appropriated dollars.

All Mandatory Work Activities in Section B.2.1 shall be performed.

SECTION C—DESCRIPTION/ SPECIFICATIONS/STATEMENT OF WORK

C.1 PROJECT DESCRIPTION

(a) Description of Work—The Deadman Roadside IRSC is part of the Forest-Wide Hazard Tree Removal and Fuels Reduction Project for the Arapaho and Roosevelt National Forests. The Deadman Roadside EA Project is located within the Canyon Lakes Ranger District of the Roosevelt National Forest approximately 60 miles west of Fort Collins, Colorado. Land management objectives for the project area are summarized as follows:

(1) Provide for public, firefighter, and agency personnel safety along road and trail corridors.

(2) Provide for public safety along roads and trails within the administrative and designated recreation sites.

(3) Reduce the existing and potential forest fuels hazards within the treatment areas where ignition potential is the highest.

(b) To accomplish these objectives, the contract includes the following components: stand cleaning/thinning, mechanical fuels reduction, removal of Timber or Other Products, and abating all hazard trees.

(c) Resulting Contract—any resultant contract will be a commercial services contract with requirements for timber removal,

(d) Project Location—the contract is located in all or portions of sections 17, 18, 19, 20, 21, 22, 28 and 29 of T10N, R75W; 6th P.M. Larimer County, Colorado. From Fort Collins, drive north on Hwy 287 to Larimer County Road (LCR) 74E (Red Feather Lakes Road); turn west on LCR 74E and continue to the junction of LCR 86. Continue west on LCR 86 approximately 14 miles to the eastern boundary of the Contract Area. Refer to the Contract Area Map to locate the Deadman Roadside Units from this point.

C.2 SPECIFICATIONS

Specifications for each Stewardship Activity described by CLINs in Section B—Schedule of Items, can be found within the solicitation as well as within the appendices. Technical specifications for service items can be found in Appendix A. Specifications for timber/product removal can be found in Appendix B. Road Maintenance plans and specifications can be found in Appendix C.

C.3 CONTRACT AREA MAP

The boundaries of Subdivisions or Payment Units and any Cutting Units thereof, are as shown on the attached "Contract Area Map," which is made a part hereof, and were, before solicitation, designated on the ground by the Government to meet the anticipated needs of the parties. The location of the Subdivisions or Payment Units and their approximate acreage are stated in Appendix B, Division A/AT. Subdivisions or Payment Units may be revised and additional ones may be established only by written agreement of both parties. Where applicable, the following are also identified on Contract Area Map:

(a) Identified claims limiting Contractor's rights;

(b) Boundaries of Cutting Units;

(c) Areas where leave trees are marked to be left uncut;

(d) Roads listed

(e) Sources of base course, rock riprap and surface rock;

(f) Roads where log hauling is prohibited or restricted;

(g) Roads and trails to be kept open;

(h) Improvements to be protected;

(i) Locations of known historical sites;

(j) Maximum stump heights when more than one height is listed by areas;

(k) Skidding or yarding methods specified;

(l) Streamcourses to be protected;

(m) Other features required by Appendix B; and

(n) Boundaries of stewardship work activities.

C.4 GOVERNMENT-FURNISHED PROPERTY

See FAR clause 52.245-2—GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES in Section I.1.1.

C.5 OPERATING PLAN AND OVERALL SCHEDULE

Contractor shall provide, a detailed timeline of when the contract requirements will be accomplished while conforming to the requirements within Section F. The Operating Plan and Overall Schedule shall contain the following elements:

(a) The Operating Plan and Overall Schedule shall indicate the sequence of activities that will take place to accomplish the work described within the solicitation, Appendix A, Appendix B and Appendix C including proposed start and completion dates.

(b) Contractor’s Field Representative (Field Rep)—The Contractor shall designate (in writing) an on-site Field Rep and an alternate in their absence. Each designated representative shall be fluent in both spoken and written English. The Field Rep shall be readily available to the area of operations when operations are in progress, shall have a copy of the contract on site during operations, and shall be authorized to receive notices in regard to performance under this contract and take related action. The responsibilities of the Field Rep shall include the safeguarding of National Forest resources and performance within the terms of the contract.

(c) A list of employees/personnel working on this contract identifying each by the Occupational Code/Job Title for the work as it applies to this contract under the applicable Service Contract Act wage rate.

(d) All subcontractors must also provide a list of all employees/personnel working on this contract identifying each by the Occupational Code/Job Title for the work as it applies to this contract under the applicable Service Contract Act wage rate.

Depending upon how the Contractor proposes accomplishing the activities within the solicitation, the Operating Plan and Overall Schedule may be developed by indicating when and how all work activities within individual Units will be completed, when and how individual tasks will be completed, or a combination of when and how Units or tasks will be completed. The Contractor should be able to display through an Operating Plan and Overall Schedule that all of the contract activities will be accomplished in a timeline that will meet the contract requirements.

C.6 SUSTAINABLE ACQUISITION

Contractor shall comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 USC §8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 USC §8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

In compliance with FAR Part 23.4 through performance of this contract, the Contractor shall make maximum use of EPA designated and USDA designated biobased in accordance with FAR clauses 52.223-2—Affirmative Procurement of Biobased Products under Service and Construction Contracts and 52.223-17—Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

Contractor shall utilize products and material made from biobased materials (e.g. biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible in the performance of this contract 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. Information about this requirement and a catalog of products are available at the BioPreferred Web Site.

Contractor shall utilize products and material to the maximum extent possible in the performance of this contract from EPA’s list of designated products and the accompanying recommendations for post-consumer content and recovered materials content in the following eight categories: Construction Products, Landscaping Products, Nonpaper Office Products, Paper and Paper Products, Park and Recreation Products, Transportation Products, Vehicular Products, and Miscellaneous Products.

Compliance with the USDA Biobased requirements requires Contractors to report the purchase of biobased products under service and construction contracts through the System for Award Management (https://SAM.gov) and provide a copy of the report to the Contracting Officer.

C.6.1 SUSTAINABLE PRODUCTS

The following is a list of categories for BioPreferred Products and EPA products that may be used in the performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

Bio Preferred Products:

(a) 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.

(b) Hydraulic Fluids—Mobile Equipment

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

(c) Penetrating Lubricants

(1) 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.

(d) Greases—Truck

(1) 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.

(e) Gear Lubricants

(1) 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.

(f) Fuel Conditioners

(1) 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.

(g) Erosion Control

(1) Woven or non-woven fiber materials manufactured for use on construction, demolition, service, 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.

(h) 2-Cycle Engine Oils

(1) Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear. 34% - Minimum Biobased Content.

C.6.2 EPA DESIGNATED PRODUCTS:

Plastic trash bags, printer ribbons, toner cartridges, print & writing papers, Traffic Barricades, Traffic Cones, Engine Coolants, Rebuilt Vehicular Parts, Re-refined lubricating oils, retread tires, manual grade strapping, signage, sorbents.

C.7 DEFINITIONS

(a) Acceptable Quality Level (AQL): The allowable leeway or variance from a standard before the Government will reject the specific service. As long as the percent of defective performance does not exceed the AQL, the service will not be rejected by the Government. The Contractor, however, must re-perform the defective service when possible.

(b) Biobased Products: See Sustainable Acquisitions.

(c) Biomass: Any conifer material 2 feet in height to 4.9 inches DBH.

(d) Clean-up: Items may include—slash work, fall leaners and broken tops, seeding, landing obliteration and ripping, temp road obliteration and ripping, construction of cross ditches and water bars, road maintenance, removal of warning signs, removal of equipment from project area, return of Government Furnished Property, designated improvement repair, etc.

(e) CLIN: Contract Line Item (Section B.2).

(f) Contracting Officer (CO): Individual with authority to bind the Government with their signature on the contract.

(g) Contracting Officer Representative (COR): Individual(s) designated to act on the behalf of the CO within the delegation given them in writing.

(h) LCR: Larimer County Road.

(i) NFSR: National Forest Service Road.

(j) Non-Sawtimber: Included timber meeting non-sawlog size specifications as defined in Appendix B, Division A.

(k) Period of performance (also PoP, Performance Period or Contract Time): All calendar days allowed for completion of the contract work. Includes all days of the week including weekends and holidays.

(l) Plastic Limit: Soil moisture exceeding operational feasibility when soil can be rolled into 3 millimeter threads without breaking or crumbling.

(m) Quality Assurance: Those actions taken by the Government to check goods or services to determine that they meet the requirements found in the solicitation and all attachments listed in Section J.

(n) Quality Assurance Surveillance Plan (QASP): An organized written document used for quality assurance surveillance. The document contains information about how the Government will assess performance, checklists, and may contain decision tables.

(o) Quality Control: Those actions taken by the Contractor to control the production of goods or services so that they will meet the requirements of the contract and all attachments listed in Section J.

(p) Quality Control Plan (QCP): Contractor’s plan for self-monitoring work prior to the Government inspection and acceptance (Section E).

(q) Random Sampling: A method of looking at a few individual items in a lot to determine the quality of that lot against a standard.

(r) Sawtimber: Included timber meeting sawlog size specifications as defined in Appendix B, Division A.

(s) (Acceptable) Service: A job performed to the standard and within the AQL. The Contractor must do the specific job, and meet the standard, and meet the AQL before one can say that performance has been acceptable and that the Contractor should be paid.

(t) Standard: An acknowledged measure of comparison.

(u) Stewardship Contracting: An exchange of goods/products for services including construction.

(v) Sustainable Acquisitions: (FAR Part 23.4—Use of recovered materials and biobased products)

(1) Biobased Products: Managed by the U.S. Department of Agriculture (USDA), the goal of the BioPreferred program is to increase the purchase and use of biobased products. The BioPreferred program was created by the 2002 Farm Bill and reauthorized and expanded as part of the Agricultural Act of 2014 (the 2014 Farm Bill). The program's purpose is to spur economic development, create new jobs and provide new markets for farm commodities. The increased development, purchase, and use of biobased products reduce our nation's reliance on petroleum, increase the use of renewable agricultural resources, and contribute to reducing adverse environmental and health impacts. Information on biobased/biopreferred products can be found at the BioPreferred Site. The Contractor shall comply with FAR clause 52.223-2—Affirmative Procurement of Biobased Products Under Service and Construction Contracts and FAR provision 52.223-1—Biobased Product Certification.

(2) EPA-designated Items: Products that are or can be made with recovered material. The Comprehensive Procurement Guideline (CPG) program is part of EPA's continuing effort to promote the use of materials recovered from solid waste. Buying recycled-content products ensures that the materials collected in recycling programs will be used again in the manufacture of new products. The Contractor shall comply with FAR clause 52.223-17—Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

C.7.1 TECHNICAL DEFINITIONS: See Appendices.

SECTION D—PACKAGING AND MARKING

There are no clauses in this section.

SECTION E—INSPECTION AND ACCEPTANCE

E.1 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

Contractor shall identify the Quality Control Inspection System it will use to ensure that contract specifications will be achieved. At no time shall the Contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the CO. Inspection records shall be made available upon request of the CO and/or COR and be maintained until the date of contract closure. The CO and/or COR may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E.1.1 QUALITY CONTROL PLAN (QCP)

Contractor shall provide a general QCP with the Technical Proposal. The Contractor shall supplement the QCP within 7-days before starting work based on items awarded to the Contractor and the Government’s comments. The Contractor shall conduct quality control inspections on all aspects of work.

The general QCP shall demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. The QCP shall describe how quality will be monitored to assure the performance standards are met, the supervision of crew and work, and personnel that will be performing the quality control. Quality control shall include monitoring quality while work is in progress, residual tree care and other associated tasks, such as sample plots of thinning and subitems.

E.1.2 CONTRACTOR QUALITY CONTROL INSPECTION

At no time shall the Contractor rely upon Government inspections to provide notification of unsatisfactory performance. The CO and/or COR may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data. Inspection procedures must provide the following information:

E.1.2.1 PLOT INSPECTIONS

Where the unit of measure is per acre, the Contractor shall maintain a plot system that provides an unbiased sample of tasks listed in the Performance Requirements Summary (Section E.3.3).

The plot system shall be consistent with the method of work. The Contractor shall sample at least 1% of the Unit, with a minimum of 3 plots per Unit.

(a) Plots shall be marked and identifiable on the ground, this includes plot numbers and visible flagging.

(b) Contractor shall provide inspection sheets and a sketch map of the Unit with plot locations to the Government. Inspection sheets shall be signed and dated by the person who conducted the inspection and shall certify that the inspection records are complete and accurate.

E.2 ACCEPTANCE

Contractor shall provide a written request for inspection and submit inspection sheets in accordance with the QCP. The Government will conduct an inspection and up to one (1) re-inspection for each Unit. If the Contractor fails to meet the minimum AQL, the Contractor shall rework the Unit. Anytime more than two (2) inspections are required per Unit, the Contractor may be assessed for additional inspections, which will include mileage and hourly rate of the COR. If follow-up inspections indicate that the minimum AQL was not met, the work will be deemed unsatisfactory and a payment reduction may result (Section G.2.1). Acceptance may be made for all or portions of work.

The purpose of this plan is to provide a QASP for contract items and tasks performed. This QASP provides a basis for the COR to evaluate the quality of the Contractor’s performance. The oversight provided for the contract and this QASP will help to ensure that quality levels of the Contractor’s service(s) reach the required levels of performance.

By monitoring the Contractor’s service work, the COR will determine whether the performance levels set forth in the contract have been attained. Quality standards for all work descriptions specified in the Performance Requirements Summary (Section E.3.3).

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

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

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

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

E.3.2 GOVERNMENT INSPECTION OF SERVICES

The Government will inspect service work completed by the Contractor and/or subcontractor as a basis for acceptance and payments, and to provide recommendations to improve work quality while work is in progress. The Contractor is responsible for providing quality control to assure that work complies with the requirements of contract specifications.

All work included in the contract specifications is subject to inspections by the Government at periodic intervals throughout the performance of this contract. Treatment inspections are for the sole benefit of the Government and shall not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements.

E.3.2.1 GOVERNMENT TIMING OF INSPECTIONS

Once the Contractor notifies the Government of Unit completion, the Government will have 14-days to start inspection for payment. Timeframe to complete inspections will depend upon the number of acres to inspect and availability of inspectors. Work with CO to determine when Units will be inspected.

E.3.2.2 WORK QUALITY PERCENTAGE

Work quality percentages are derived from data developed from inspection plots. The total number of satisfactory quadrants divided by the number of quadrants inspected determines the quality rate. The rate multiplied by 100 provides the work quality percentage.

For each completed work activity, Contractor’s quality control inspection percentage services completed will be compared to the Government’s assessment results. If the results differ by <5%, and the inspection has been conducted to the standards specified, the Contractor’s inspection will be considered acceptable and the quality percentage will be used as the basis for payment. When the results differ by more than 5%, the Government’s percentage will be used as the basis for payment.

Government will pay 100% of CLIN price if work quality of all plots meeting the AQL % or greater. If below, the Government will issue a letter of non-compliance. The Contractor will be permitted to bring work quality to an acceptable standard. If the Contractor is unable to bring the work to an acceptable standard, then CLIN pricing will be reduced according to the Payment Reductions (Section G.2.1).

In the event that work is performed that is contrary to the requirements in the contract, the Government is not liable for costs incurred by the Contractor during negligent performance that is without the fault or negligence of the Government.

· Visual inspection—walk through Units

· Random verification of compliance—Plot Inspections

Appendix B; Division A.2

· Written documentation of visual inspection

· Visual inspection—walk through Units

· Random verification of compliance—Plot Inspections

· Written documentation of visual inspection

· Periodic verification of compliance with the use of walk through inspection and/or Plot Inspections

· Written documentation of visual inspection

Perform Road Maintenance per Appendix C specifications

· Written documentation of visual inspection

Disincentives for failure to meet the above standards may be as follows:

(a) Rework will be completed at Contractor’s expense.

(b) If rework is not physically possible, payment deductions will be made for work falling below AQL (see Payment Reductions, Section G.2.1).

(c) Damage to the residual stand or infrastructure will be assessed against the Contractor.

(d) Government re-inspection charges.

(e) Poor performance rating will be given.

E.4 FAR and AGAR CLAUSES

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4)

E.4.4 CLAUSES INCORPORATED BY REFERENCE

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: http://www.acquisition.gov/far and http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

PERTAINING TO ALL ITEMS

SECTION F—DELIVERIES OR PERFORMANCE

F.1 SPECIAL CONTRACT TIME AND PERFORMANCE RESTRICTIONS

Unless otherwise agreed, the Contractor shall perform this contract according to the following restrictions. Additional performance restrictions may also be found in the Technical Specifications and/or on contract maps.

SUBDIVISION UNIT/

CUTTING UNIT

When soils and temporary roads are wet (saturated or near saturated soil, or exceeds plastic limits) or spring snow thaw creates overland water flow or water flow in ephemeral drainages Protection of soil and watershed resources

F.1.1 OPERATING SEASON

The normal operating season is July 16th through October 15th annually.

F.1.2 START WORK DATE

The estimated start work date is July 29, 2019.

See Section F.1—Special Contract Time and Performance Restrictions, concerning the performance of work on this contract. Additional restrictions on the Scheduling of Work for Resource Protection, etc. may be addressed in the Technical Specifications.

F.1.3 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

Contractor shall be required to:

(a) Commence work under this contract in accordance with the accepted Operating Plan and Overall Schedule;

(b) Start work when the Contractor receives the Notice to Proceed (NTP);

(c) Prosecute the work diligently; and

(d) Complete the entire project including final clean-up of the premises by October 15, 2021.

Contractor shall provide the following submittals as stated below unless otherwise mutually agreed upon. Contractor shall update all submittals as needed, or as required by the CO, but in no case less than once per calendar year on the anniversary of the initial contract award as stated in Block 3 of the SF-1449.

All schedules and reports shall be submitted electronically (via email) to the CO and COR, as identified by the CO.

(Refer to Section L for instructions)

SUBCONTRACTORS: If applicable, list of proposed subcontractors and their intended work. Subcontractors must have CO’s written approval prior to starting work on the project. Submit on SF-1413.

With Proposal (Refer to Section L for instructions)

(Refer to Section L for instructions)

(1 hard copy)

(1 hard copy)

(1 hard copy)

(1 hard copy)

(email to CO & COR when complete)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4)

F.5.1 CLAUSES PERTAINING TO ALL ITEMS—FULL TEXT

AGAR 452.211-74—PERIOD OF PERFORMANCE (Feb 1988) The effective period of this contract is from July 29, 2019 through October 15, 2021.

(End of Clause)

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 theses addresses: http://www.acquisition.gov/far and http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

PERTAINING TO ALL ITEMS

SECTION G—CONTRACT ADMINISTRATION DATA

G.1 MEASUREMENT

All linear and area measurements under this contract are measured on a horizontal plane, unless otherwise noted.

G.1.1 RE-MEASUREMENT

The Contractor may, at any time after award, request a re-measurement of the acreage of any Unit. The request shall be in writing within 10-calendar days after completion of a Unit. The Government’s re-measurement of the Unit shall be made within established boundaries.

If re-measurement indicates a variance of 5% or less in the acreage stated in Section B.2—Schedule of Items, there will be no adjustment in acres and the Contractor shall pay for the actual cost of re-measurement.

If re-measurement results in a variance greater than 5% in the acreage stated in Section B.2—Schedule of Items, payment shall be based on the re-measured acreage and the Government shall pay for the re-measurement.

G.2 PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the Timber or Other Products Value will not completely offset the costs of the work to be performed. Payment shall only be made under this Section to the extent that the work performed will not be offset by the Timber or Other Products Value during the contract period.

When payment is made to the Contractor for work performed, it will be made in accordance with FAR clauses 52.212-4(i)—Contract Terms and Conditions—Commercial Items, and 52.323-33—Payment by Electronic Funds Transfer—System for Award Management (included in FAR 52.212-5—Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Section I).

Contractor shall electronically submit complete invoices for payment to address listed in Block 18a of the SF-1449 when all invoiced work has been completed and accepted by the Government. Complete invoices shall contain:

(a) Company name;

(b) Tax Identification Number (TIN);

(c) Signature and contact information of a person authorized to sign on behalf of the company;

(d) Invoice number;

(e) Contract and/or Task Order number;

(f) Project name;

(g) Contract Line Item Numbers (CLINs) and the amounts to be paid for each; and

(h) Completed Contractor Certification (Section G.2.4).

The value of work completed and Timber or Other Products Removed will be documented in a Stewardship Statement of Account produced by Forest Product Financial System (FPFS) monthly, when harvesting operations are underway.

G.2.1 PAYMENT REDUCTIONS

The Government expects to receive quality services. The minimum AQL is required to achieve a satisfactory performance rating. Full payment will be made for final work meeting at least identified AQL, as identified in the Performance Requirements Summary (Section E.3.3).

If the work deliverable cannot be reworked to achieve the minimum required AQL, a reduction in payment of the Unit price will be applied as shown:

multiplied by the actual level achieved

G.2.2 RE-INSPECTION COSTS

If rework of any work performed is required, the Contractor will be assessed the costs incurred by the Government in performing such activities. One inspection, per Unit, during ongoing operations will be authorized, and one final inspection at the completion of all operations.

(a) Any subsequent inspection requests will be re-inspected and will accrue re-inspection costs.

(b) If the final inspection requires rework, the rework will be re-inspected and will accrue re-inspection costs.

CHARGE RATES FOR GOVERNMENT RE-INSPECTION OF WORK

*Mileage reimbursement rate in effect January 1, 2019 is $0.58 per mile. Mileage rates change periodically and the most current mileage rates for assessed damages at the time will be used. Most current mileage rates can be found at the General Services Administration website GSA Mileage.

G.2.3 FINAL PAYMENT – RELEASE OF CLAIMS

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

(a) A complete invoice (Section G.2), is received electronically at address listed in Block 18a of the SF-1449;

(b) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release shall be received; and

(c) All Government Furnished Property has been returned and accepted by the COR (if applicable).

G.2.4 CONTRACTOR CERTIFICATION

Contractor shall submit certification with every invoice and monthly, as Stewardship Credits are established. The Contractor shall furnish the following certification indicating if for invoice, Stewardship Credit or both. Credit will not be received if certification is not submitted.

CONTRACTOR CERTIFICATION

|_| Invoice and/or |_| Stewardship Credit Earned

Invoice Date

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

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

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

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

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

(Name)

(Title)

(Date)

G.3 INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies to perform all work required to complete the project in accordance with the appendices, drawings, specifications, clauses, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in Section B.2—Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

G.4 PRODUCT PAYMENT GUARANTEE

In accordance with 36 CFR §223.34, to guarantee payment for product in advance of cutting, the Contractor may earn Stewardship Credits in advance of cutting, or provide a product payment guarantee in the form of an acceptable surety, including a payment bond, irrevocable letter of credit (ILC), cash, or a deposit in a Federal Depository negotiable securities of the United States.

Any earned Stewardship Credits and product payment guarantee together will maintain a minimum unobligated balance equal to the applicable charges for product the Government estimates will be cut or removed in not less than 30-calendar days and not more than 60-calendar days, plus the value of any outstanding charges for product removed.

Securities shall be deposited through the CO, accompanied by a power of attorney and agreement authorizing the bond-approving officer to sell or collect such securities if payment is not made within 15-days of billing by the Government. The penal sum of such surety bond or the market value at the time of deposit of such negotiable securities shall be the maximum amount of the payment guarantee.

Product payment guarantee for a single contract shall be provided utilizing form FS-6500-12—Payment Bond.

Blanket Payment Bond:

(a) Contractor may furnish an acceptable bond, or deposits securities, to guarantee payment for product from multiple contracts. The Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for product payment guarantee.

(b) The amount of such bond or deposited securities shall be allocated to such contracts by the…