A-11_1282MK18R0002.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

82MK

216 NORTH COLORADO STREET

ATTN PEGGY DOBIE

USDA FOREST SERVICE

GRAND MESA UNCOMPAHGRE GUNNISON N

82Z1 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR82MK

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

02/28/2018 1300 MT

01/31/2018

970-642-4415PEGGY DOBIE

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1282MK18R0002

5. SOLICITATION NUMBER

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

1 45 889680OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

GUNNISON CO 81230

TELEPHONE NO.

17a. CONTRACTOR/

GRAND JUNCTION CO 81506

2777 CROSSROADS BLVD

GRAND VALLEY RANGER DISTRICT

USDA FOREST SERVICE

15. DELIVER TO

GUNNISON CO 81230

216 NORTH COLORADO STREET

ATTN PEGGY DOBIE

USDA FOREST SERVICE

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)

GRAND MESA UNCOMPAHGRE GUNNISON N

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.

Grand Mesa, Uncompahgre and Gunnison National Forests - Grand Valley Ranger District

North Uncompahgre Gunnison Sage Grouse Habitat Improvement Mastication Project.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

CHRISTINA A. COOK

. 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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

ARE NOT ATTACHED.

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

Business Name and Address

Contact Person:

DUNS #:

EMail:

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.

This project will treat between 175-500 acres in

2018 in core Gunnison Sage-grouse habitat on the

Uncompahgre Plateau. This project will be implemented by using a large mastication type machine to remove forest vegetation to improve habitat for multiple species.

Delivery: 08/28/2018

Period of Performance: 07/15/2018 to 08/26/2018

001 Grand Valley Sage Habitat Improvement

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

45 2 of

N. Uncompahgre Mastication 1282MK18R0002 GMUG NFs – Grand Valley RD Page 3 of 45

B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items

C - SECTION C - Description/Specifications/Statement of Work

D - SECTION D - Packaging and Marking

E - SECTION E - Inspection and Acceptance

F - SECTION F - Deliveries or Performance

G - SECTION G - Contract Administration Data

H - SECTION H - Special Contract Requirements

I - SECTION I - Contract Clauses

J - SECTION J - List of Documents, Exhibits, and Other Attachments

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

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

M - SECTION M - Evaluation Factors for Award

GMUG NFs – Grand Valley RD Page 4 of 45

B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items

Primary Bid Items

Pay Item Description Measure Quantity Cost/Unit Total

1 Unit 1- Gunnison Sage Grouse Habitat Improvement

Acres 168 $ $

Total$

Optional Bid Items

2 Unit 2 - Gunnison Sage Grouse Habitat Improvement

Acres 353 $ $

3 Unit 3 - Gunnison Sage Grouse Habitat Improvement

Acres 391 $ $

Totals$

GMUG NFs – Grand Valley RD Page 5 of 45

C - SECTION C - Description/Specifications/Statement of Work

Gunnison Sage-grouse Habitat Improvement Mastication Work 2018

C.1 SCOPE OF CONTRACT

This contract will hire a qualified contractor to operate rubber-tired mastication machines (fecon or hydro-axe) on the Uncompahgre plateau in 2018. The successful contractor will provide the mastication machines and qualified operators in order to accomplish the project areas outlined in the contract. The contractor will be able to provide multiple fecon or hydro-axe machines (at a minimum two machines at all times) while working on this project. Multiple machines will ensure that the project is completed in a timely manner and that work can continue when mechanical issues arise. If all machines are incapacitated due to mechanical issues, the operator will supply an additional machine within 48 hours to continue work. The machines will have rubber tires and will have either a fecon head or hydro-axe masticator. The project areas will be conducted in primarily flat, rolling sage parks and would be considered minimally difficult. The specific areas of treatments are displayed in detail on the maps in the appendix. Once the primary target acres are accomplished, the remaining units will be additive and completed as the funding remains available to accomplish these other target acres. The following will be provided by the contractor and will be included in the bid per acre for the completion of the project.

Mobilization of the machine at the beginning and end of the work period.

Qualified operators that are familiar with the machines and can work for an extended period of time on the various planned projects. Operators will be responsible for the daily maintenance and upkeep of the machines.

Contractor will provide on-site support equipment that can optimize the daily production. This would likely be in the form of a fully equipped service truck that can provide service and repairs in the field.

Fuel will be provided by the contractor and will be incorporated into the price per hour. A fuel trailer or similar container that is moveable should be provided to the job site for the duration of the rental agreement.

Contractor will utilize a GPS unit to delineate treatment units and areas that are to be avoided.

Work will not begin until July 15, 2018 to avoid conflicts with sensitive wildlife habitat.

No new roads or trails will be constructed during the implementation phase of the project, with access and travel, restricted to existing roads and trails within the project area.

Objectives The primary objectives will be to increase the existing sage parks in size and to remove oak and potentially Juniper and pinyon trees that may be encroaching into the sage habitat. Mowing in the sage units will require removing 85-100% of the non-sage vegetation that may be present in these units. This will expand the sage parks and improve habitat for grouse.

Desired Outcomes and Benefits

Treatments in sage parks will be implemented in order to expand the size and overall conditions of the sage parks. The removal of pinyon/juniper and oak in these habitats will create a habitat that grouse would be more likely to utilize. All trees and shrubs (85-100%) in these units are to be removed.

C.2 PROJECT LOCATION

The mastication work will occur on the Grand Valley Ranger district of the Uncompahgre Plateau in Mesa County, Colorado. The project area is approximately 30 – 40 miles southwest of Grand Junction, CO. See the maps in the appendix for the project locations. All areas that need to be worked in will be closely coordinated with the operator. Maps of units or linear fire lines will be provided to the operator, as well as a GPS unit if the operator cannot provide their own GPS. The operator will be expected to be able to navigate comfortably the treatment areas with a GPS unit.

GMUG NFs – Grand Valley RD Page 6 of 45

C.3 TREATMENT UNITS:

There are three distinct treatment areas that may be treated depending on the funding and price/acre of the contract. The descriptions below will describe the different treatment areas and the prescription for each area.

1) Gunnison Sage-grouse habitat Enhancement: This project area in on the north end of the Uncompahgre plateau in the Dominquez Creek area. The treatment will create larger sage parks for grouse habitat. The vegetation is sage with Gambel oak and pinyon/juniper mixed in. There is one primary unit in this project area and two optional units if funding becomes available:

a) Unit 1 - Gunnison Sage Grouse – 168acres

b) Unit 2 - Gunnison Sage Grouse - Optional Unit – 353 acres

c) Unit 3 - Gunnison Sage Grouse - Optional Unit – 391 acres

C.4 WORK STANDARDS - Please Note: Work will not begin until July 15, 2018

SPECIFICATIONS: Mechanical Fuels Treatment (mastication)

1) The following vegetation is designated to be treated by cover type and treatment unit(s).

2) Potential treatment areas are discussed below by the dominant vegetation that may be present:

a) Sage Park treatments-

Remove 85-100% of the trees and shrubs that is not sage in these units.

Vegetation is mainly comprised of mixed mountain shrubs and some pinyon/juniper.

Some larger “savannah” type oak will be retained.

3) Mow and shred only on slopes less than 30 percent.

4) All mowed vegetation shall be shredded such that 60 percent of the mulch material is less than 4 inches in diameter and 12 inches long. Eighty percent of the mulch and slash resulting from the mowing and shredding must be distributed on the ground surface at a depth less than 6 inches. A small portion of the slash resulting from the mowing and shredding (not more than 20%) may be higher than 6 inches but no more than 18 inches above the ground.

5) Stumps and stubble heights must be less than 8 inches above the ground surface or any obstacle.

6) Do not mow large “savannah” Gambel oak (DRC 6 inches and greater with a heightened crown).

7) Snags greater than 12 inches DBH and 15 feet tall are protected. If a snag is identified, surrounding live trees will be left to act as a buffer.

8) The Contractor shall minimize soil disturbance and exposure of mineral soil to less than 10% of the treatment area.

Treatment units will not be flagged and will be easy to identify based on the vegetation. In addition, shapefiles of the units will be provided to the contractor for use in GPS units. The contractor will be expected to use GPS units to accurately identify the unit boundaries. The unit boundaries are also identified on the project map provided in Section J. All cultural sites of importance will be flagged and avoided during implementation.

Any Contractor created access points shall be restored to a non-accessible state by the Contractor as directed by the Government. Methods may include earthen berms or slash distributed along access roads. Any bare soil areas created as a result of accessing the units shall be seeded by the Contractor with the seed mixture prescribed and provided by the Government.

Treatments will be completed during time periods that generally limit impact to soil resources.

Environmental conditions such as wet/saturated ground, standing water, or heavy snowfall (12”+) would limit operations. The Contracting Officer’s Representative (COR) will determine when soil moisture is at a level where operations must be curtailed. Specifically, if heavy rutting (over six inches) occurs in the unit, operations shall be

GMUG NFs – Grand Valley RD Page 7 of 45 suspended. When such conditions are encountered, the Contractor shall stop work and notify the COR.

Dry or frozen soil conditions are preferred. Operations outside the preferred conditions will be coordinated with the COR. Sections of an individual unit may be restricted, while other sections are deemed operable; however the final determination will be made by the Government.

Camping is permitted; however camp sites must be pre-approved by the COR and campsites must be maintained in accordance with Forest Service policy.

The Contractor shall provide transportation for all equipment, personnel, fuel, and water to and from the site.

The Contractor shall be responsible for providing the necessary material handling equipment to on- load and off-load materials as well as provide appropriate security of equipment and property left on site.

C.5 RESOURCE PROTECTION STANDARDS

Water Quality- The following measures shall be observed to protect stream courses:

1. The Contractor’s operations shall be conducted to prevent debris from entering stream courses. In event the Contractor causes debris to enter stream courses in amounts which may adversely affect the natural flow of the stream, water quality or fishery resource, the Contractor shall remove such debris as soon as practicable, but not to exceed 48 hours, and in an agreed manner that will cause the least disturbance to stream courses.

2. Wheeled equipment shall not be operated in stream courses except at crossings designated by the Forest Service. Contractor should cross perpendicular to direction of flow.

3. Mowing/shredding equipment must not be operated in riparian areas, which are defined as permanent or intermittent wet spots or drainages with willows, cottonwood trees or other riparian vegetation. These areas are protected by description and may or may not be designated on the ground.

4. Avoid working within 50 feet of a gully or channel with vertical banks of 4 feet or greater.

Wet Period Restrictions Forest Service “all-weather” roads with a gravel or paved surface can be operated on during most weather conditions except extremely wet periods. All other roads are native surface. Travel on native surface roads and off-road with equipment is restricted when the soil is saturated. Soils are too wet when the moisture content exceeds the plastic limit. If soils within 6 inches of the surface can be rolled into threads 3 millimeters in diameter without breaking or crumbling the soils are too wet for operations. If the soils are saturated such that ruts 3 inches or deeper and 10 feet long are created by heavy vehicles, the Contractor shall cease operations in that area. If conditions persists, the COR may suspend the Contract until the soils dry out or freeze. If the Contract is suspended due to wet conditions, the Government is not responsible for additional mobilization costs.

Other Resource Protection All of the activities associated with this project shall be conducted in such a manner that there shall not be any adverse impact to the following resources listed.

1. Improvements and Survey Monuments- The Contractor(s) shall avoid any damage to improvements such as, but not limited to, fences, gates, utility poles, survey markers or monuments, survey witness trees and cultural sites. The Contractor will be required to repair or pay fair market value to replace any damaged improvements.

2. Cultural Sites – The Project Area has been surveyed and flagged for avoidance for all cultural sites prior to layout of Treatment Units, however should any heritage or cultural sites be discovered during operations, the Contractor should immediately stop treatment in that area and contact the COR who will notify the District Archeologist. Protected cultural areas will be flagged with pink and black ribbon and should be considered no treatment areas.

3. Wildlife - No disruptive activities will be allowed within 300 feet of any active raptor nest during the period May 1 - July 31. If operator discovers an active nest it is to be reported to the COR or inspector. If a

GMUG NFs – Grand Valley RD Page 8 of 45 goshawk nest is discovered, no disruptive activities will be allowed near the nest during the period March 1

- August 15. A district wildlife biologist will be consulted to determine an appropriate buffer.

4. Protected Trees – The COR may require the Contractor to sever from the stump and shred trees damaged by the Contractor's or Subcontractor if the damage exceeds any of the following:

a. Bark removed from more than 50% of the circumference of the bole.

b. Top is broken.

c. More than 1/3 of the cross-section of the bole is missing.

d. More than 30% of the live crown is missing.

The COR or designated inspector will identify and mark all damaged trees. If the damage is excessive (outside of the Acceptable Quality Level), the Contractor will be charged a rate of $20/tree.

C.6 ROAD MAINTENANCE

Commensurate with use, the Contractor is responsible for maintaining all roads within the project area.

Maintenance shall be performed in a timely manner to prevent rutting and seasonal weather damage, and safeguarding soil and water quality, and provide for safe use. Specifications for road maintenance activities are listed below.

a. Visibility. The Contractor shall remove vegetation or other obstructions to driver visibility as such obstructions caused by Contractor’s activities during the permit period.

b. Drainage Maintenance. The Contractor shall keep ditches, culverts, water bars and other drainage facilities clear and functioning.

52.211-72 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 Performance Work Statement (PWS)/Specifications referenced in Section C.

452.211-73 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS (FEB 1988)

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

D - SECTION D - Packaging and Marking

(There are NO clauses in this Section)

GMUG NFs – Grand Valley RD Page 9 of 45

E - SECTION E - Inspection and Acceptance

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.

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 MEASUREMENT AND PAYMENT MEASUREMENT

Estimated acreage was calculated using ArcMap 10.0 GIS software. Actual acreage will be determined by Global Positioning System (GPS) data collected with a map grade Trimble GPS unit. Contractor will be paid for the amount of acres mowed. If the contractor cannot mow/mulch an area designated by the COR, the contract will be modified to adjust for this.

Payment will be made for the completed items at the contract unit prices, based on inspections. No payment will be made for any unit and/or item where inspections determine work does not meet contract specifications, until rework has been accepted by the Contracting Officer.

GMUG NFs – Grand Valley RD Page 10 of 45

Acceptable Quality Level All Pay Items Acceptable

Quality Level (AQL)

Performance Requirements Method of Surveillance

Mastication/C hipping/ Mowing/ Woodland/ Shrubland

90% Remove 85-100% of the trees and shrubs that is not sage in these units. Vegetation is mainly comprised of mixed mountain shrubs with some pinyon/Juniper. Some pockets of oak will be flagged for retention and larger “savannah” type oak will be retained.

Mow and shred only on slopes less than 30 percent.

Leave trees shall not be damaged, or buried with slash or chips.

All mowed vegetation shall be shredded such that 60 percent of the mulch material is less than 4 inches in diameter and 12 inches long. Eighty percent of the mulch and slash resulting from the mowing and shredding must be distributed on the ground surface at a depth less than 6 inches.

A small portion of the slash resulting from the mowing and shredding (not more than 20%) may be higher than 6 inches but no more than 18 inches above the ground.

Stumps and stubble heights must be less than 8 inches above the ground surface or any obstacle.

Cut or removed trees and brush shall not be left hanging up in leave trees.

Do not mow large “savannah” Gambel oak (DRC 6 inches and greater with a heightened crown).

Snags greater than 12 inches DBH and 15 feet tall are protected. If a snag is identified, surrounding live trees will be left to act as a buffer.

The Contractor shall minimize soil disturbance and exposure of mineral soil to less than 10% of the treatment area.

Reserve tree/shrub specifications, as applicable in the TO.

Review Contractor’s work through visual inspections.

Review Contractor’s records of inspection system and sampling results if available.

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.

GMUG NFs – Grand Valley RD Page 11 of 45

F - SECTION F - Deliveries or Performance

F.1 CONTRACT TIME.

The Contractor shall start work promptly after receipt of a Notice to Proceed. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time.

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.

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 approximately 45 days from the Notice to Proceed.

GMUG NFs – Grand Valley RD Page 12 of 45

G - SECTION G - Contract Administration Data

G.1 CONTRACT AWARD

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

G.2 FOREST SERVICE REPRESENTATIVES

Christina Cook shall serve as the Contracting Officer (CO) on this contract, 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 by email at ccook@fs.fed.us

Ann (Peggy) Dobie will serve as the Administrative Contracting Officer (ACO) on this contract, unless changed by an authorized government contracting officer. The assigned ACO has full authority over all contract issues.

The ACO can be reached by email at pdobie@fs.fed.us

G.3 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.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.5 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.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.7 PRE-WORK MEETING

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, camping/worksite plan, and fire prevention plans shall be finalized in writing (if required). The meeting will be held at a time and place determined by the Contracting Officer or Contracting Officer Represtenative.

G.8 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.

mailto:ccook@fs.fed.us mailto:pdobie@fs.fed.us

GMUG NFs – Grand Valley RD Page 13 of 45

G.9 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.10 INVOICES & PAYMENTS.

1. Invoice Processing Platform (www.IPP.gov) 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.

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

Contractor Name, Address, Phone Number and e-mail address Contract and Task Order Numbers Invoice Number Description and date of services or work completed.

3. 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

Final Payment - Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), Final payment will made within 30 calendar days after presentation of a properly executed invoice.

Contractor Notification & Release of Claims for Final Payment 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.

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

G.11 CONTRACT RELEASE

The following supplements the Payments clause in Section I:

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.12 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 http://www.ipp.gov/ https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

GMUG NFs – Grand Valley RD Page 14 of 45

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.

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. The Contracting Officer Representative (COR) will contact you on time and place of post award conference.

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H - SECTION H - Special Contract Requirements

H.1 EMPLOYMENT OF ELIGIBLE WORKERS.

a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers.

1. General This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (H-2B worker may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis.

i. A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers.

Immediate family includes:

• Spouse

• Children, stepchildren, or foster children

• Parents, stepparents, or foster parents, or

• Brothers and sisters

c) Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

3. Registration Requirements

a) Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Employment & Training Administration on line CERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

http://www.dol.gov/whd/mspa/index.htm http://www.foreignlaborcert.doleta.gov/ http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm http://www.dol.gov/whd/regs/compliance/whdfs78.htm https://icert.doleta.gov/

GMUG NFs – Grand Valley RD Page 16 of 45

b) Any contractor who meets the definition in (2.iii.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration (http://www.dol.gov/whd/forms/fts_wh530.htm). The contractor shall carry the certificate at all times while engaged in contract performance and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined as an FLC in paragraph (2.iii.) must have their own FLC Employee Certificate. General information about MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www.dol.gov/whd/regs/compliance/whdfs49.htm.

4. Certifications The Contractor shall provide applicable H-2B Temporary Employment Certificate or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements.

Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime Contractor. It is the Prime Contractor responsibility to ensure the Subcontractor information is provided to the Contracting Officer.

5. Worker Protections

a) Worker Information Posters

i. A contractor who uses the H-2B program to meet its temporary employment needs must post and maintain the H-2B poster (WH-1505) in a conspicuous location accessible to workers at the job site.

ii. The contractor shall display and maintain the MSPA poster (WH-1376) on the job site in a conspicuous location accessible to workers during the contract performance period.

b) Personal protective equipment

i. 29 CFR 1910 Subpart I, OSHA's General Industry personal protective equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

ii. Before a worker begins operating equipment, the contractor shall train the workers on the safe operation and use of the equipment.

iii. The contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, wherever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes:

• Head Protection

• Hearing Protection

• Eye/Face Protection

• Leg Protection

• Foot Protection

• Hand Protection

iv. PPE must be sanitary and in reliable condition. Do not use defective or damaged PPE. PPE must be inspected prior to use on each work shift to ensure it is in serviceable condition.

v. A checklist of applicable PPE guidelines typical for the work performed under this contract is provided. This does not relieve the contractor of the responsibility of performing a risk assessment http://www.dol.gov/whd/forms/fts_wh530.htm http://www.dol.gov/whd/regs/compliance/whdfs49.htm

GMUG NFs – Grand Valley RD Page 17 of 45 or providing the necessary PPE for their operations.

Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or OSHA 3151-12R 2003 Personnel Protective Equipment Booklet.

• Firefighting

• MSPA – Forestry Working Conditions Checklist

c) Field Sanitation. OSHA established minimum standards for field sanitation in covered agricultural settings. Refer to Fact Sheet # 51 Field Sanitation Standards under the Occupational Safety and Health Act.

6. Employment Requirements - Fact Sheets with relevant information may be found at http://www.dol.gov/WHD/fact-sheets-index.htm.

a) Contractors employing workers in forestry related work are required to comply with wage and payroll standards and recordkeeping requirements. Refer to Fact Sheet #63: Application of Federal Labor Laws to Reforestation found on the DOL Wage and Hour Division webpage.

b) Contractor Employee List. Contractors are required to provide/maintain an active list of all employees performing work on the job site under this contract. The Employee List will identify employees by full name (aliases), supervisory duties if applicable, and appropriate labor Occupation Code for work performed under the Service Contract Act Wage Rates applicable to this contract. If Subcontractors are utilized, all tiers of subcontractor(s) are responsible for providing the same information for their employees to the Prime for submittal to the Contracting Officer.

7. Transportation

a) The contractor shall be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. Authorization for each vehicle that will be used to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is applicable. Any driver, who transports workers for a fee or at the direction of the contractor, shall be registered as an FLC or an FLC employee.

b) See Fact Sheet #50: Transportation Under MSPA, for more information about the vehicle safety standards, drivers licensing requirements, and vehicle insurance requirements. Note that separate transportation requirements may apply if there are H-2B workers.

8. Housing

a) The authorization to furnish housing, other than commercial lodging certified by a health authority or other appropriate agency, must appear on the contractor's certificate. Contractors should contact their local Wage and Hour Division of the DOL for further information on the requirements of the Act.

b) Camping Requirements. The Forest Service (FS) has various camping opportunities. Check with local FS unit for camping requirements, camping permits may be required. Verify local fire restriction policies.

If camps will be used to house workers subject to MSPA, they are also subject to the temporary labor camp standards at 29 CFR 1910.142. The Forest Service reserves the right to terminate a camping permit at any time. These requirements are in addition to those contained in or provided for under the clause titled “452.236-72 Use of Premises” in this contract. Any violation of these conditions constitutes a breach of contract and may result in revocation of camping approval.

i. Every structure used as shelter must provide protection from the elements. Where adequate heat is not provided, make other arrangements to protect workers from the cold. Cut firewood only after a District Firewood Permit is obtained.

https://www.osha.gov/SLTC/personalprotectiveequipment/index.html http://www.dol.gov/WHD/fact-sheets-index.htm

GMUG NFs – Grand Valley RD Page 18 of 45

ii. The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite location must minimize impacts on streams, lakes, and other bodies of water. Camping is not permitted within developed recreational sites or along primary recreational roads.

iii. The campsite must have a clean appearance at all times. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. Structures or improvements the contractor fails to remove within the 10 calendar day period becomes the property of the United States, however, the contractor remains liable for the cost of the removal and restoration of the site.

iv. Unless otherwise designated by the CO, the use of the area is not exclusive and may be granted to other permittees, contractors, or recreating public. Disorderly conduct is not permitted.

v. Damaging or removing any natural feature or other property of the Forest Service is prohibited.

vi. Servicing of equipment in the campsite is not permissible unless the campsite is within the project area.

vii. Provide sanitary facilities for storing food. Provide ice chests or coolers, with ice supply made from potable water, and replenish as necessary. Provide sufficient storage for perishable food items.

viii. Provide an adequate and convenient potable water supply in each camp for drinking and cooking purposes.

ix. Provide adequate toilet facilities and toilet paper for the capacity of the camp. Service and maintain facilities in a sanitary condition.

x. Collect, store, and dispose of garbage in a manner to discourage rodent access, minimize attraction of flies, and prevent scattering by wind

xi. Maintain basic first aid supplies available, which must be under the charge of a person trained to administer first aid.

The basic supplies must include:

• Gauze pads (at least 4x4 inches)

• Two large gauze pads (at least 8x10 inches)

• Box adhesive bandages (band-aids)

• One package of gauze roller bandage (at least 2-inches in width)

• Two triangular bandages

• Scissors

• At least one blanket

• Tweezers

• Adhesive tape

• Latex gloves, and

• Resuscitation device such as resuscitation bag, airway, or pocket mask.

xii. Wash laundry in such a way that washing and rinsing will not pollute lakes, streams, or other flowing water.

xiii. Dispose waste water away from living and eating areas and in such a way that minimizes

GMUG NFs – Grand Valley RD Page 19 of 45 pollution to lakes, streams, and other flowing water.

xiv. The contractor shall take all reasonable precautions to prevent and suppress forest fires. Do not dispose of material by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

xv. If authorized to have an open fire, the Contractor shall comply with the following fire regulations:

• A shovel, axe or Pulaski, a 10-quart pail, which is full of water for immediate use, and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required.

• All fire rings or outside fireplaces must be approved by the Forest Service representative. The area must be cleared down to mineral soil for a distance of one foot outside of the ring or fireplace, and it must not have any overhanging material. Fire rings must be dismantled and material disposed prior to leaving the site.

• All generators and other internal combustion engines must be equipped with Forest Service approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in described in the previous paragraph.

• All fuel must be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

c) Contractors are required to provide certification of employment status as part of their representations, certifications, and acknowledgements.

H.2 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.3 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.4 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.

H.5 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).

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

H.6 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.