1282BH18R0014_SOL_PSI_Noxious_Weed_Treatment_IDIQ.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

82BH

2840 KACHINA DRIVE

PIKE SAN ISABEL NATIONAL FOREST

ATTN TOINETTE ARANDA TONI

USDA FOREST SERVICE AQM

CODE 16. ADMINISTERED BYCODE

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR82BH

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/14/2018 1200 MT

08/20/2018

(719)553-1431TOINETTE ARANDA

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1282BH18R0014

5. SOLICITATION NUMBER

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

1 36 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

PUEBLO CO 81008

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

PUEBLO CO 81008

2840 KACHINA DRIVE

PIKE SAN ISABEL NATIONAL FOREST

ATTN TOINETTE ARANDA TONI

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE AQM

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

PSI Noxious Weed Treatment & Data Reporting IDIQ

Pike and San Isabel (PSI) National Forests Noxious Weed Spraying and GPS Reporting Services Indefinite Delivery Indefinite Quantity (IDIQ).

Pre-Bid/Pre-Proposal Conference information is located in AGAR provision 452.237-71 solicitation section L.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

TOINETTE P. ARANDA

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

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ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

36 2 of

Solicitation #1282BH18R0014 PSI Noxious Weed Treatment IDIQ Page 3 of 36

SCHEDULE OF ITEMS

BASE YEAR - Award Date through 31 December 2018 Item No. Description Unit of

Measure Unit Price

001 Treatment/Treatment Data for Noxious Weeds using ATV/UTV or other motorized vehicles.

Acre $

002 Treatment/Treatment Data for Noxious Weeds using backpack and/or pack animals Acre $

003 Treatment/Treatment Data for Noxious Weeds, daily rate Day $

004 Inventory/Data of Noxious Weeds, daily rate plus chemical cost, if cost for actual acres treated is less

Day + Chemical

OPTION YEAR ONE – 01 January 2019 through 31 December 2019

No. Description Unit of

Measure Unit Price

101 Treatment/Treatment Data for Noxious Weeds using ATV/UTV or other motorized vehicles.

Acre $

102 Treatment/Treatment Data for Noxious Weeds using backpack and/or pack animals Acre $

103 Treatment/Treatment Data for Noxious Weeds, daily rate Day $

104 Inventory/Data of Noxious Weeds, daily rate plus chemical cost, if cost for actual acres treated is less

OPTION YEAR TWO - 01 January 2020 through 31 December 2020

No. Description Unit of

Measure Unit Price

201 Treatment/Treatment Data for Noxious Weeds using ATV/UTV or other motorized vehicles.

Acre $

202 Treatment/Treatment Data for Noxious Weeds using backpack and/or pack animals Acre $

203 Treatment/Treatment Data for Noxious Weeds, daily rate Day $

204 Inventory/Data of Noxious Weeds, daily rate plus chemical cost, if cost for actual acres treated is less

OPTION YEAR THREE - 01 January 2021 through 31 December 2021

No. Description Unit of

Measure Unit Price

301 Treatment/Treatment Data for Noxious Weeds using ATV/UTV or other motorized vehicles.

Acre $

302 Treatment/Treatment Data for Noxious Weeds using backpack and/or pack animals Acre $

303 Treatment/Treatment Data for Noxious Weeds, daily rate Day $

304 Inventory/Data of Noxious Weeds, daily rate plus chemical cost, if cost for actual acres treated is less

Company Name: _______________________________________

Point of Contact: ______________________________________

Phone # _______________________ E-Mail Address: _____________________________________

DUNS #: ________________________________

PSI Noxious Weed Treatment IDIQ Page 4 of 36

SECTION C - DESCRIPTION/SPECIFICATIONS

C.1 Scope of Work The Pike and San Isabel National Forests has a requirement for a Noxious Weed Spraying and GPS Reporting services Indefinite Delivery Indefinite Quantity (IDIQ) contract. The resultant contracts will be for spraying of herbicide on noxious weeds and GPS reporting at various locations on the Pike National Forest using herbicides according to label specifications. The type of work may include but is not limited to ATV/UTV, pack animal, and backpack work. The contractor shall collect daily location information for each site, including locations of areas searched and areas sprayed. Additionally, separate location information must be completed for each List a weed species site. GPS polygons are the preferred format.

The Contractor shall furnish all labor, transportation, equipment, supplies, water, herbicides, services, supervision, permits, incidentals and licenses necessary to spray herbicide on acres of noxious weeds on the areas specified. All aspects of the work program shall be performed in an organized, systematic manner to ensure services will be performed over the designated treatment areas. Estimated average = 700 acres/year, contingent upon funding.

Only Colorado State Qualified Supervisors, Certified Applicators, or Trained Technicians will be allowed to apply herbicides.

C.2 Location of Project The treatment area will occur in the Pike and San Isabel National Forests. Sites include but not limited to sites within the Hayman and Waldo fire areas, Wilderness Areas, and timber management areas.

Counties include El Paso, Teller, Clear Creek, Douglas, Jefferson, Park, Lake, Pueblo, Chaffee, Fremont, Costilla, Custer, Huerfano, and Las Animas. Specific work locations will be identified on individual task orders.

C.3 Performance of the Work All work shall be conducted in a safe and expedient manner and in conformance with the specifications referenced in Section J. When applicable, traffic control shall be in accordance with standards set forth in the most current edition of the Manual on Uniform Traffic Control Devices (MUTCD). All work shall be conducted by personnel fully qualified to perform such tasks assigned and shall be supervised by an onsite designated Contractor’s Representative.

C.4 Equipment All equipment shall be in good repair and capable of accomplishing assigned tasks in a safe and environmentally acceptable manner. Where applicable, all equipment shall be fitted with approved spark arrestors. All repairs to equipment under this contract shall be made and paid for by the Contractor.

Equipment may be owned, rented or subcontracted. All equipment shall be cleaned of earthen and vegetative materials that may contain weed seed prior to delivery onto National Forest Lands.

C.5 Equipment and Materials Storage and Staging Upon concurrence from the Contracting Officer, certain areas on the National Forest may be used on a case-by-case basis for storage of equipment and/or materials during active construction/reconstruction or maintenance periods. The Contractor shall be responsible for the protection of items stored on Government property, and shall ensure adequate safety measures are maintained at such sites.

C.6 Technical Specifications Section J contains performance work statement and other pertinent information applicable.

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C.7 BIOBASED AND SUSTAINABLE PRODUCTS

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

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products. The following is a list of categories for biopreferred products that may be required for performance of this contract.

Equipment Lubricants, Engine Oils, Office Products (Ink, paper, etc)

For more information regarding the Department of Agriculture Biobased Program go to: http://www.biopreferred.gov.

452.211-72 Statement of Work/Specifications (FEB 1988) 452.211-73 Attachments to Statements of Work/Specifications (FEB 1988

SECTION D – PACKAGING AND MARKING

(For this solicitation, there are no Clauses in Section D)

SECTION E - INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996)

452.246-70 INSPECTION AND ACCEPTANCE (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 and acceptance will be performed at: the worksite.

E.1 ACCEPTABLE QUALITY LEVEL (AQL).

The AQL for acceptance of work will be based on compliance with all work corresponding to the task(s) in the Performance Work Statement.

E.2 QUALITY CONTROL.

Government inspections are for the sole benefit of the Government and does not relieve the contractor of responsibility for providing adequate quality control measures. The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Performance Work Statement (PWS). The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

The contractor’s Quality Control Plan (QCP) is the means by which the work complies with the requirement of the contract. Upon request the contractor will submit their QCP to the Contracting Officer within 5 days.

All Contractor inspection records shall be provided to the Government based on the schedule proposed by the Contractor and agreed to by the Contracting Officer for quality assurance assessment consistent with the Government Quality Assurance Surveillance Plan. All records shall be complete, signed, and dated by the person who conducted the inspection.

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E.3 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN.

The Quality Assurance Surveillance Plan (QASP) provides a basis for the Contracting Officer’s Representative (COR) to evaluate the quality of the Contractor’s performance on awarded tasks. The plan will aid in ensuring that acceptable quality levels of contractor’s service(s) meets 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 are being attained.

E.4 INSPECTION AND ACCEPTANCE

Completed work, consisting of any required paper forms and electronic data, shall be turned in for inspection in areas and/or miles. Inspection shall only be made on completed work. When electronic data is provided, the inspection shall be based on a printout of the electronic data.

On the basis of the approved work schedule, the Government shall make the compliance inspection of each completed area within 14 calendar days, but no earlier than 7 days, without cost to the Contractor. No charge will be made for the first rework inspection. Thereafter, any contract re-inspection required shall be at the Contractor's expense. Re-inspection charges may include, but are not limited to: inspector's wages for travel time to and from work site; inspector's wages to re-inspect; per diem cost (meals, lodging, field costs); COR wages; and vehicle use rate and mileage.

SECTION F – DELIVERIES OR PERFORMANCE

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 Date of Award through 31 December 2018 for the base year and 1 January through 31 December of each exercised option year. All Task Orders shall be performed within the performance period specified in the task order.

F.1 CONTRACT TIME

The Contractor shall start work promptly after award or receipt of a Notice to Proceed (NTP). The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time will generally not exceed a required rate of progress exceeding that determined from the accepted work plan. If more than one area is available for planting, the Government may prescribe the planting sequence.

The Forest Service will issue a NTP as soon as weather and ground conditions are favorable for planting and survival of the trees on one or more of the areas.

F.2 WORK COMPLETED AFTER THE PERFORMANCE PERIOD.

Whenever the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed the actual damages. Items to be included in the actual damage includes but is not limited to: wages of the COR and Government inspector(s) for quality assurance after the performance period, costs of vehicles, meals and lodging that are incurred while administering the contract after the performance period.

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SECTION G – CONTRACT ADMINISTRATION DATA

452.215-73 Postaward Conference (NOV 1996) A post award conference with the successful offeror is required. Contractor Officer Representative (COR) will contact contractor on time and place of post award conference

G.1 ISSUANCE OF TASK ORDERS

Warranted Contracting Officers within Region 2 (Rocky Mountain Region) of the United States Department of Agriculture, Forest Service are authorized to place orders against this contract.

All work will be ordered by Firm-Fixed price task order(s) utilizing the maximum pricing listed on the Schedule of Items through the base period and each option year exercised.

Task Orders will be competed amongst the awardees. A Request for Proposal (RFP) will be issued to each awarded contractor requesting a best pricing and a proposed plan on how work will be performed as specified in the RFP.

Proposal will be evaluated based on price and technical capability. When a project is initiated, a Task Order will be offered to the awarded Contractor who provides the best value proposal.

The Contracting Officer shall submit an executed task order to the Contractor. Changes that increase or decrease price, schedule of items, specifications, or performance period may only be made by a written executed modification to the task order signed by the Contracting Officer and the Contractor.

G.2 CONTRACT AWARD

A written award or acceptance of an offer emailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

G.3 FOREST SERVICE REPRESENTATIVES

Base Contract: Toinette Aranda shall serve as the Contracting Officer (CO) on base contract(s), unless changed by an authorized government contracting officer. The assigned Contracting Officer has full warrant authority over all contract issues. The CO can be reached at 719-553-1431 tparanda@fs.fed.us.

A Contracting Officer Representative (COR) will be appointed for the base contract(s) upon award. COR delegated authority, responsibilities and contact information will be defined on a delegation form issued after contract award.

Task Order: Each awarded Task Order issued will have a Contracting Officer assigned, who has authority to administer the Task Order within their delegated warrant authority. A COR will be appointed for each awarded Task Order.

G.4 CHANGES

The Contracting Officer is the only person authorized to approve changes to the requirements under this contract.

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.

G.5 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.

PSI Noxious Weed Treatment IDIQ Page 8 of 36

G.6 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Designation will be made upon contract issuance of task order(s) and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

G.7 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 being the liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

G.8 PRE-WORK MEETING

Prior to commencement of work and after issuance of any Task Order(s), 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, camping/worksite plan, and fire prevention plans shall be finalized in writing.

The meeting will be held at a time and place determined by the Contracting Officer or Contracting Officer Represtenative.

G.9 WORK PROGRESS SCHEDULE

Upon request the Contractor shall be required to present at the pre-work conference (or within 10 days thereafter) a written plan of work providing for the orderly and timely completion of the contract requirements.

This plan is subject to the approval of the Contracting Officer. The schedule may be modified in writing during the course of the contract when conditions warrant it.

If the work progress falls behind schedule, the Contractor shall take such action as necessary to ensure that the timely completion of the contract is not jeopardized. In addition, the Contracting Officer may require the Contractor to submit a revised plan of work showing how he intends to complete the project on time and in compliance with all contract requirements.

G.10 DEDUCTIONS

It is the objective of the Government to have the contractor complete and satisfactory performance in accordance with the terms of the specifications and requirement of this contract. To this end, the Government is contracting for the complete performance of each task identified in the specifications, and deductions may therefore, be made stipulated by Performance Work Statement.

G.11 INVOICE PROCESSING PLATFORM (IPP) SYSTEM

All invoices are to be submitted in the electronic Invoice Processing Platform (IPP) System "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. This is a mandatory requirement initiated by the U.S. Department of Treasury.

More information can be found 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.

IPP does not allow the contractor to change the description of the line items being invoiced against, therefore the contractor shall create an invoice in IPP and an itemized invoice. Itemized invoice must be uploaded as an attachment.

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G.12 INVOICE DOCUMENTS AND ATTACHMENTS

In order for invoices to be processed certain documents must be uploaded as an attachment(s):

Itemized Invoice, Final Inspection and a Contractor Notification and Release of Claims

Itemized Invoice shall mirror the schedule of items and shall include at a minimum:

Date of Submission and Invoice Number Contractor Name, Address, Phone Number and e-mail address Contract, Task Order or Purchase Order number Invoice Number Description(s) and date(s) of services or work completed.

Final Invoice & Release of Claims Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), a final invoice marked “Final” shall be submitted. A completed FS-6300-0016 or a “Contractor Notification and Release of all Claims” form shall be completed by the COR and the contractor. The completed form shall be uploaded as an attachment with final invoice.

Coordinate Invoices – Coordinate submission of invoices with the primary COR and/or CO assigned to the task order.

G.13 CONTRACT RELEASE

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts (indicated under reservations of the Contractor Certification and Release of Claims Form), that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

G.14 GOVERNMENT FURNISHED PROPERTY.

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clauses contained elsewhere in the contract.

The Government will furnish tree seedlings and other Government property as stated in the specifications.

G.15 EVALUATING CONTRACTOR PERFORMANCE

AGAR ADVISORY NUMBER 96B Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) Evaluations CPARS is used by the Forest Service for evaluating contractor performance. CPARS is the single USDA-wide system used to collect, maintain, and disseminate contractor performance evaluations to the Past Performance Information Retrieval System (PPIRS). Past performance reporting is required by FAR 42.1502 and 42.1503. The contractor will be notified by email to review evaluation information submitted by the Agency. The contractor will have 30 days to submit comments, rebutting statements, or additional information to the Assessing Official before any evaluation is considered final.

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.

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. The contractor is responsible for the accuracy and completeness of the data within the System for Award Management (SAM) database.

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G.16 OMBUDSMAN

In accordance with FAR 16.505(a)(10), no protest under FAR subpart 33.1 is authorized in connection with the issuance or proposed issuance of a Task Order under this contract, except for a protest on the grounds that a task order increases the scope, period, or maximum value of the base contract. The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered consistent with the procedures of the contract. Complaints to the USDA Forest Service Ombudsman must be forwarded to:

USDA Forest Service Branch Chief Procurement Policy 1400 Independence Ave., SW, Mailstop 1138 Washington DC, 22050

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, Project Manager, Project Forman/Woman, and Inspector.

(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.

H.1 CONTRACTOR REPRESENTATIVE

The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, and understand English, as well as the primary language of the work crews.

H.2 ACCIDENT REPORTING.

Maintain an accurate record of all work-related accidents resulting in death, injury, occupational disease, or damage to property, materials, supplies, or equipment.

H.3 INJURY NOTIFICATION.

Injuries to workers will be reported promptly to the COR and appropriate contractor personnel. Emergency care for workers while on the job site is a contractor responsibility.

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H.4 EMERGENCY RESPONSE TO FIRES.

The Contractor, under the provisions of FAR clause 52.237-2, Protection of Government Buildings, Equipment, and Vegetation, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

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.

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

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 fighting the fire). An equitable adjustment for the temporary use of employees and equipment will be made under FAR 52.212-4(c) Changes.

H.5 FIRE PREVENTION AND CONTROL.

The contractor shall, both independently and in cooperation with the Forest Service, take all reasonable and practicable action to prevent and suppress fires in the project area using all necessary personnel and equipment at Contractor’s disposal on the site.

The Fire Plan outlines the Contractor’s responsibilities for fire prevention and suppression activities within the Contractor’s project area. For the purposes of this provision, the project area is defined as the area within one half mile (0.5 miles) of the project boundary. See Fire Prevention and Control Plan Attachment.

H.6 CAMPING PERMITS.

The Contractor does/does not intend to camp on National Forest lands. Forest Service permits, issued by the District Ranger, will specify restrictions regarding campsite and sanitary provisions. Combustible refuse, resulting from lunches, etc., may be burned if authorized. All noncombustible materials, cans, bottles, etc., shall be removed from Forest land.

H.7 NOXIOUS WEEDS.

The contractor shall ensure that prior to moving on to the National Forest all equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. The contractor shall employ whatever cleaning methods are necessary to ensure that equipment is free of noxious weeds. The contractor shall provide the Contacting Officer with certification, in writing, that all equipment is free of noxious weeds prior to start-up of operations. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection by the Government does not disclose such material.

Disassembly of equipment components or specialized inspection tools is not required. Unless otherwise directed by the CO, the Government will not require the contractor’s equipment to be cleaned before moving to another treatment unit if the contractor is moving directly from one contract unit to another.

H.8 REPORTING ALLEGED CHILD ABUSE.

Pursuant to the spirit and requirements of P.L. 101-647, Section 225 and 226, the following applies:

Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer’s Representative within 24 hours. The initial report shall be made by phone and shall be followed-up in writing, providing salient points of the allegations.

When such allegations about a contractor employee occur as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another contactor employee. The subject employee will remain away from the work site until an investigation is completed. The Government will not incur additional costs by the Contractor who must provide a replacement employee.

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The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.

Any conviction of a sex crime, an offense involving a child victim or drug felony, will be grounds for denying employment or for dismissal of an employee in any position-serving children. Conviction of a crime other than a sex crime may be considered if it bears on an individual’s fitness to have responsibility for the safety and well-being of children. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the NTC and agency involved.

H.10 SAFETY PLAN

When required the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in areas of dead trees and falling debris. The Contractor shall identify the specific conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite. The Safety Plan should also include safety hazards and mitigation while working in areas of bear habitats.

The Safety Plan should be updated with pertinent information when a task order is issued. Pertinent information may include location of local emergency care facilities, contact information for employees should an accident occur at the worksite, etc.

A copy of the Safety Plan shall be submitted to the Contracting Officer for the contract file. The Contractor’s Safety Plan is neither approved nor disapproved by the government but will be provided to OSHA when requested.

H.11 USE AND OCCUPANCY RESTRICTION ORDERS

Contractor will abide by Forests’ Use and Occupancy Orders. Contractor is responsible for contacting the local Forest prior to starting work to ascertain if there is applicable Use and Occupancy Restriction Orders for that forest.

H.12 HAZARDOUS SUBSTANCES

The Contractor shall notify the National Response Center and Contracting Officer Representative of all releases of reportable quantities of hazardous substance on National Forest lands that are cause by Contractor’s employees, equipment, agents, contractors, subcontractors, or their employees or agents, directly or indirectly, as a result of Contractor’s operations, in accordance with 40 CFR 302. See Section J for reporting requirements and documentation.

SECTION I – CONTRACT CLAUSES

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-7 Systems for Award Management (OCT 2016) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (NOV 2015) 52.212-4 Contract Terms and Conditions -- Commercial Items (JAN 2017)

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52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -

COMMERCIAL ITEMS (NOV 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 ad 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

_X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

X (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

X (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

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(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer 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.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

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

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

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

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.215-8 Order of Precedence – Uniform Contract Format (Oct 1997)

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52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through the entire award base period and each exercised option year executed in accordance with FAR 52.217-9 or for any period(s) in which the Government exercises its option to extend services in accordance with FAR 52.217-8. The only authorized Contracting Officers awarding Task Orders using this IDIQ are the Contracting Officers within USDA Forest Service Region 2 that possess the necessary warrant.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of $50,000.00;

(2) Any order for a combination of items in excess of $250,000.00; or

(3) A series of orders from the same ordering office within ten (10) days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If…