1282MK19R4001.pdf

1282MK19R4001

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 72

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

94638404/25/2019 X

82MK

GRAND MESA UNCOMPAHGRE GUNNISON N

USDA FOREST SERVICE

ATTN PEGGY DOBIE

216 NORTH COLORADO STREET

GUNNISON CO 81230

USDA Forest Service Attn: Peggy Dobie 216 North Colorado Street Gunnison, CO 81230

1300 MT 06/15/2019

PEGGY DOBIE 970

pdobie@fs.fed.us

642-4415

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

PEGGY DOBIE

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

1-2 3-4

5-11 13-14 15-17 18-23 24-42

43-56

58-64

65-70

71-72

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____90_________ calendar days (60 calendar days unless a different period is inserted

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 72

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1282MK19R4001

(A) (B) (C) (D) (E) (F)

Bighorn National Forest

Quill Stewardship - IRSC

Delivery: 12/31/2020

Delivery Location Code: 8538

BIGHORN NATIONAL FOREST

2013 EASTSIDE 2ND STREET

SHERIDAN WY 82801 US

FOB: Destination

Period of Performance: 07/01/2019 to 12/31/2020

001 IRSC-Quill

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

Quill Stewardship 1282MK19R4001 Bighorn National Forest Page 3 of 72

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL INFORMATION:

Proposals shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension must be requested in writing and may or may not be granted. In accordance with FAR 52.217-5, except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

The estimated price range for construction is: Less than $25,000.

Bid Bonds are not required for this project. Neither a Performance nor Payment bonds is required for this project.

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

B.2 SCHEDULE OF ITEMS

B.2.1 MANDATORY WORK ACTIVITIES:

ITEM NO.

DESCRIPTION OF

MANDATORY WORK ACTIVITIES

UNIT OF

MEASURE

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

1 Non-Commercial Thinning (SCA) Acres 143 $ $ 2 Treatment of Slash and Woody Debris (SCA) Acres 143 $ $ 3 Road Reconstruction FSR 124313 (Davis Bacon Each 1 $ $

A detailed description of road reconstruction pricing should be completed in Appendix D Total All Mandatory Service Items $ http://www.sam.gov/

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B.2.3 TIMBER OR OTHER PRODUCTS REMOVAL PRICE SCHEDULE:

SPECIES PRODUCT QUANTITY UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

OFFER

(FLAT)

TOTAL

OFFER

Englemann Spruce (Live & Dead) Sawtimber 335 CCF $5.00 $ $ Lodgepole Pine and Other Conifer Species (Live & Dead) Sawtimber 186 CCF $3.00 $ $ Lodgepole Pine and Other Conifer Species (Live & Dead) Non-Saw 4 CCF $1.00 $ $

Total – All Products $

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

NOTE: Price Proposals MUST be provided on ALL Items in Schedules: Mandatory Work and Option Work Activities and Timber or other products Removal Price Schedule.

NOTE: All B.2.3 quantities stated are the maximum amounts that credit can be earned from.”

B.3 LAND MANAGEMENT ACTIVITIES.

Performance of land management activities shall be in accordance with Section C – Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule B-2.1, will be made with either appropriated dollars or in Stewardship Credits in lieu of cash, as defined in Section G. All Mandatory Work Activities shall be performed.

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SECTION C – DESCRIPTION/ SPECIFICATIONS/STATEMENT OF WORK

This project work is issued in compliance with USDAs Strategic Goals for exercising wise stewardship of national forest and lands and the Forest Service Strategic Goals for fostering productive and sustainable use of our National Forest System lands.

STEWARDSHIP AUTHORITY

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

General Clauses and Provisions Pertaining To All Items

C.1 AGAR 452.211-3 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.2 Project Description

(a) Description of Work – The Quill Stewardship Project is located on the Medicine Wheel Ranger District of the Bighorn National Forest encompassing the area indicated on the Contract Area Map(s).

Restoration objectives for the project area are summarized as follows:

Improve Forest Health – Provide growing space for healthy trees and reduce fuel loadings Reduce Fuel Loading – Provide mechanical fuel treatments and preparatory work to manage the effects of the return of fire as a disturbance mechanism.

Utilize Timber or other products – Provide wood resource to forest product industry.

Maintain roads commensurate with use.

To accomplish these desired objectives, the contract includes the following components: fuels reduction, non-commercial thinning, piling of fuels, timber or other product removal, and road maintenance.

The intent of this project is to perform this non-commercial thinning throughout all 143 acres of the unit. The Forest Service realizes that additional merchantable trees outside of the designated timber areas displayed under Appendix B will likely need to be cut in order to access and perform all the requirements of this work item.

These additional merchantable trees may be considered Included Timber as defined by Appendix B upon written agreement with the Forest Service under Appendix B contract clauses C.1.6 and D.4.1.

(b) Resulting Contract – Any resultant contract will be a Construction contract with requirements for timber removal.

(c) Project Location – Project is located in Township 56 North, Range 91 West, Sections 17, 18, 19, 20, 6th Principal Meridian.

C.3 Specifications

Specifications for each Stewardship Activity individually described by an item number in Schedule B pages can be found in Appendix A. Specifications for timber removal can be found in Appendix B. Road Maintenance plans and specifications can be found in Appendix C. Road Construction plans and specifications can be found

Bighorn National Forest Page 6 of 72 in Appendix D.

C.4 Contract Area Map

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

(a) Identified claims limiting Contractor's rights;

(b) Boundaries of cutting units;

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

(d) Roads listed

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

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

(g) Roads and trails to be kept open;

(h) Improvements to be protected;

(i) Locations of known historical sites;

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

(k) Skidding or yarding methods specified;

(l) Streamcourses to be protected;

(m) Other features required by Appendix B; and

(n) Boundaries of stewardship work activities.

C.5 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 clause(s) contained in Section I of the contract.

Description of Property Value Quantity Return/Consumable

Log Load Ticket Books

$100 As Issued Return to FS

Log Load Permits Calculated at highest load value

As Issued Return to FS

C.6 Operating Plan and Schedule:

The Contractor will provide, as part of the technical proposal, a detailed timeline of when the contract requirements will be accomplished while conforming to the requirements within Section F.5. The operating plan should indicate the sequence of activities that will take place to accomplish the tasks described within the solicitation, Appendix A, Appendix B, Appendix C, and Appendix D including proposed start and completion dates.

Bighorn National Forest Page 7 of 72

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

The operating plan should indicate the sequence of activities that will take place to accomplish the tasks described within the solicitation covering work requirements of Appendix A, Appendix B, Appendix C including proposed start and completion dates, and Appendix D Road Reconstruction schedules. The operating plan and schedule should contain the following elements:

Technical Approach: Basic methodology on how they propose to complete the work activities (road reconstruction, road maintenance, timber removal, pre-commercial thinning and slash treatments) required under the contract.

Contractor’s Representative: The Contractor will designate in writing a contract representative any time when the Contractor is absent from the job site during active performance of the work. The designation shall state the name of the representative and define their specific authorities under the contract. The Government may, at its option, suspend work with full count of contract time continuing, if the Contractor fails to provide the representatives (1) conversant in the English language and (2) able to read and understand the contract.

Workforce/Crew List: List of personnel performing work on this contract. List all proposed sub-contractors and their intended work. (Contractor shall provide a signed Subcontractor Statement and Acknowledgement Form for every subcontractor prior to performing work on site. Form will be available upon request after award. A list of employees/personnel working on this contract identifying each by the Occupational Code/Job Title for the work as it applies to this contract under the applicable Service Contract Act wage rate.

o All Subcontractors must also provide a list of all employees/personnel working on this contract identifying each by their Occupational Code/Job Title as it applies to this contract under the applicable Service Contract Act wage rate.

Schedule: The Contractor shall prepare and submit a practicable schedule showing the order in which the Contractor proposes to perform the work, and the starting and completion dates of various phases of the work. The sequence of activities by unit with timelines. (Be certain to identify tasks required in Appendices.)The schedule shall comply with the contract time requirements in the contract, including, but not limited to Paragraphs F.2 and F.5. The schedule shall be provided in either 8.5’x11’ or 11’x17’ format. The Contractor will provide a detailed timeline of when the contract requirements will be accomplished while conforming to the requirements within Section F.5.

Communication Plan: A proposed communication plan regarding findings, progress, information exchange, questions, and concerns of both parties.

Other: Submittals required for work activities as addressed throughout the contract specifications. (See Section F.4)

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

Bighorn National Forest Page 8 of 72

C.7 Sustainable Acquisition

The Contractor shall comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 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.

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

The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible in the performance of this contract without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. Information about this requirement and a catalog of products are available at the BioPreferred Web Site.

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

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

7.1 Sustainable products identified for this solicitation:

The following is a list of categories for biopreferred products and EPA products that that may be used i n t h e performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

7.1.1 Bio Preferred Products:

a. Diesel Fuel Additives

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

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

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

http://www.biopreferred.gov/BioPreferred/ http://www.biopreferred.gov/BioPreferred/ http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm https://www.sam.gov/portal/SAM/%231 https://www.sam.gov/portal/SAM/%231 http://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

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

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

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

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

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

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

7.1.2 EPA Designated Products:

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

C.8 Definitions

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

Biobased Products: See Sustainable Acquisitions

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

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

http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm

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Contract Inspector: A Government employee assisting the COR with surveillance of contractor performance. Individual has no authority under the contract.

Defective Service: A unit of service, which contains one or more defects, or nonconformance with specified requirements.

Performance Requirements Summary (PRS): Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

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

Quality Assurance: Those actions taken by the government to check goods or services to determine that they meet the requirements of the Statement of Work (SOW).

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

Quality Control: Those actions taken by a contractor to control the production of goods or services so that they will meet the requirements of the Performance Work Statement. Refer to Inspection and Acceptance 52.246-4 or 52.246-12 and Contractors Quality Control Plan as described in Section E.

Quality Control Plan: Contractors plan for self-monitoring work prior to Government inspection and acceptance. See Section E.

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

(Acceptable) Service: A job performed to the standard and within the acceptable quality level. The contractor must do the specific job, and meet the standard, and meet the acceptable quality level before one can say that performance has been acceptable and that he/she should be paid.

Standard: An acknowledged measure of comparison.

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

Sustainable Acquisitions (FAR Part 23.4 – Use of recovered materials and biobased products)

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

http://www.biopreferred.gov/BioPreferred/faces/pages/AboutBioPreferred.xhtml http://www.gpo.gov/fdsys/pkg/BILLS-113hr2642enr/pdf/BILLS-113hr2642enr.pdf http://www.biopreferred.gov/BioPreferred/

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

C.8.1 Technical Definitions – See Appendix A http://www.epa.gov/epawaste/conserve/tools/cpg/index.htm

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SECTION D – PACKAGING AND MARKING

There are no clauses in this section.

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SECTION E - INSPECTION AND ACCEPTANCE

General Clauses and Provisions Pertaining To All Items

E.1

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

52.246-12 Inspection of Construction (AUG 1996)

E.2 Contractor Quality Control Inspection System

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

E.2.1 Quality Control Plan.

The contractor shall prepare and submit a quality control plan with their proposal identifying the quality control methods proposed, identifying the quality control inspector, and the inspection forms the contractor will be utilizing to monitor the identified work requirements in this contract. The contractor shall conduct quality control inspections on all aspects of work. The field inspections shall be conducted on tasks to be performed.

The general Quality Control Plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. Quality control shall include monitoring quality while work is in progress, residual tree care, and other associated tasks in appendices A, B, C, and D.

The Plan shall describe at a minimum:

1) Identify how project management/oversite coordinates with monitoring quality, self-inspection procedures to assure the performance standards are met,

2) Identify quality control personnel responsible for ensuring quality control to meet performance standards including recognition of non-conforming work and corrective actions to be taken to bring performance up to standards, and

3) Provide inspection forms to be utilized to monitor identified work in this contract.

An example of items to be monitored may include: implementation of Best Management Practices (BMPs), protection of residual trees and improvements, compliance with fire precautions and how refuse and/or hazerdous materials are handeled. Quality control shall include monitoring required tasks while work is in progress:

a) Appendix A, Performance Work Statement (At a minimum)

1. Leave tree spacing, leave tree selection, species preference, stump heights, and slash treatments including percent slash treated, slash depth and slash pile construction.

Bighorn National Forest Page 14 of 72

b) Appendix B, Product Removal (At a minimum)

1. Utilization, accountability

c) Appendix C, Road Maintenance (At a minimum)

1. Is maintenance adequate, is drainage functional

d) Appendix D, Road Package (At a minimum)

1. Is reconstruction adequate, is drainage functional

E.2.2 Contractor Quality Control Inspection At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

Inspection procedures must follow quality control plan. Contractor shall provide proof of inspection on an inspection form and shall submit complete inspection form when requesting Government inspection of completed units.

E.3 Acceptance of Services

The Contractor shall provide a written request for inspection and submit inspection sheets in accordance with the QCP. The Government will conduct an inspection and up to one re-inspection for each unit. If the contractor fails to meet the minimum AQL, the contractor shall rework the unit. Anytime more than two inspections are required per unit, the contractor will be assessed for additional inspections, which will include mileage and hourly rate of the COR. If follow-up inspections indicate that the minimum AQL was not met, the work will be deemed unsatisfactory and a deduction in payment may result (Section G-3.4).

Acceptance may be made for all or portions of work.

E.4 Acceptance of Construction

Refer to FAR Clause 52.246-12 – ‘Inspection of Construction’ for information on Government acceptance of construction.

E.5 Government Quality Assurance Surveillance Plan

Quality assurance specific to individual items will be found in Appendix A.

The Government will inspect service tasks completed by the Contractor (or Subcontractor) in accordance with the performance requirements for the various types of work being performed. The surveillance of the Contractor’s work is for the benefit of the Government to determine if work is acceptable or provide recommendations to improve work quality while work is in progress. The Contractor is responsible for providing quality control of the active project to assure that work complies with requirements of the contract specifications. The Government may, at its convenience, make periodic inspections of the work to assure itself of contract compliance and to confirm that the Contractor is performing quality control in accordance with its QCP and that Contractor’s monitoring results in quality performance of contract objectives. The Government will assure quality is being met through random walk thru inspections, visual inspections, and placement of random plots as stated in Sections H.6 Safety Plan, H.10 Traffic Control, H.23 Erosion Prevention and Control, Appendix A:

Section VII – Performance Requirements Summary (PRS), Appendix B: G.0 Operations, and Appendix C: K.F.3.1# Road Maintenance Requirements, and Appendix D: 106-Conformity with Contract Requirements.

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SECTION F - DELIVERIES OR PERFORMANCE

General Clauses and Provisions Pertaining To All Items

F.1 52.252-2 Clause Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F.2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than December 31, 2020. The time stated for completion shall include final cleanup of the premises.

NOTE: Road reconstruction will need to be completed as specified in Appendix D prior to hauling.

See Section F.4 below for special contract time and performance restrictions concerning the performance of work on this contract. Additional restrictions on the Scheduling of Work for resource protection, etc. may be addressed in the Technical Specifications.

F.3 AGAR 452.211-74 Period of Performance (FEB 1988)

The effective period of this contract is from date of award through December 31, 2020.

F.4 Special Contract Time and Performance Restrictions

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

Contract Item or Area Description Restriction Description Purpose

All Contract Areas All Operations Prohibited December 15 to March 31 To avoid conflicts with winter recreational use

All Contract Areas All Operations Prohibited May 1 to June 20 To limit disturbance during

Mule deer fawning

FSR 13 No Hauling June 10 to September 10 from Friday 4:00 PM through Monday 6:00 AM

To avoid conflicts with weekend recreational use

FSR 124313 No Hauling Monday through Friday 6:00 PM to 7:00 AM and Friday 4:00 PM to Monday 7:00 AM

To avoid disturbance with Wyoming High Country users

Areas within 1,000 feet of Porcupine Ranger Station, and Special Use Cabins

All Operations Prohibited

June 10 to September 10 from Friday 10:00 PM to Monday 6:00 AM.

To avoid disturbance with forest users http://www.arnet.gov/far

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F.5 Schedules and Reports

Contractor shall provide the following submittals as stated below unless otherwise mutually agreed upon. The Contractor shall update all submittals as needed, or as required by the CO, but in no case less than once per calendar year on a date specified by the Contracting Officer:

ITEM DESCRIPTION SUMBITAL DUE COPIES

REQUIRED

Operating Plan and Schedule: (Section C.6) Technical Approach: submitted with proposal and approved by the Government, changes to approach must be submitted for approval of the CO.

Technical Approach – with proposal 1

Contractors Representative. Designation, in writing, of Contractor personnel describing responsibilities and authorities.

Contractor Representative

– pre-work 1

Workforce and Crew (including Subcontractors):– with proposal, update when changes made.

Workforce and crew-proposal and Updated with changes

Schedule: Sequence of activities by unit with timelines. (Be certain to identify tasks required in Appendices.)

Schedule – with proposal or approved by CO if needed

Communication Plan: A proposed communication plan regarding findings, progress, information exchange, questions, and concerns of both parties.

Communication Plan – at Pre-work d 1

Other: Submittals required for work activities as addressed throughout the contract specifications.

Other – at Pre-work or when needed

Schedule for Construction Items: The Contractor shall comply with the requirements of FAR 52.236-15 – Schedules for Construction Contracts.

Pre-Work Meeting

Traffic Control Plan. The Contractor shall prepare and submit a Traffic Control Plan detailing conformance with OSHA requirements, MUTCD requirements, and all other contract requirements, including, but not limited to Paragraph H.10, “Traffic Control Plan” and the requirements included in the Appendices, if any.

10 days after issuance of Notice to Proceed

Soil Erosion and Water Pollution Control Plan. The Contractor shall prepare and submit an Erosion Control Plan detailing permanent and temporary control measures to minimize erosion and sedimentation during and after contract performance. Plan shall conform to all contract requirements, including but not limited to Paragraph H.6, “Erosion Prevention and Control”, and the requirements in the Appendices, if any.

10 days after issuance of Notice to Proceed

Safety Plan. The Contractor shall comply with the requirements of FAR 52.236-13 – Accident Prevention, for all activities under this contract. (Section H.6, portions of H.5 and, Section I.)

At Pre-Work Meeting

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Quality Control Plan. Submit original with proposal. Any updates need to be provided for approval to the CO. Refer to E.2

With Proposal 1

BioBased Report. Submit annually. Refer Section C.7 October 31 1

All schedules and reports shall be submitted to the Contracting Officer’s Representative identified by the CO, unless the Contracting Officer directs the Contractor to submit any schedules or reports directly to the CO.

F.6 Reserved

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SECTION G – CONTRACT ADMINISTRATION DATA

General Clauses Pertaining To All Items

G.1. Reserved

G.2 Measurement

All linear and area measurements under this contract are measured on a horizontal plane.

G.3 Payment

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber or other products will not completely offset the value of the work to be performed. Payment shall only be made under this clause to the extent that the work performed will not be offset by the timber or other products value during the contract period. When payment is made to the contractor for work performed, it will be made in accordance with FAR 52.232-5 Payments under Fixed-Price Construction Contracts, 52.232-27 Prompt Payment for Construction Contracts, and 52.232-33Payment by Electronic Funds Transfer – System for Award Management (Section I).

NOTE: Submit certification G.9 with all invoices.

The value of work completed and timber or other products removed will be documented in a Stewardship Statement of Account produced by Timber Sale Accounting (TSA or FPFS) when harvesting operations are underway.

G.3.1 Payment Reductions for Service Items Appendix A, C, and D

G.3.1.1 Payments for tasks meeting stated minimum AQL or above

The Government expects to receive quality services. The minimum AQL is required to achieve a satisfactory performance rating. Full payment will be made for final work meeting at least identified AQL and above (As identified in Appendix A, Section VII)

G.3.1.2 Payments for task with AQL between 1% and 10% below minimum AQL

The Government will determine if the task deliverable cannot or will not be reworked to achieve the minimum required AQL, in which case payment of 90% of the unit price will be applied to tasks falling between 1% and 10% below identified AQL.

Example - 90% AQL is achieved on task with 95% AQL requirement (5% below minimum AQL.) Unit price is $10,000.00

10,000 x 90% = 9,000 price to be paid for unit.

G.3.1.3 Payments for task with AQL between 11% and 20% below minimum AQL

If the task deliverable cannot or will not be reworked to achieve the minimum required AQL, payment of 90% of the unit price will be applied to tasks falling between 11% and 20% below identified AQL.

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Example - 75% AQL is achieved on task with 95% AQL requirement (20% below minimum AQL.)

Unit price is $10,000.00

10,000 x 90% = 9,000 x 75% = $6,750.00 price to be paid for unit.

G.3.1.4 Payments for tasks with AQL below 21% minimum AQL

If the task deliverable cannot or will not be reworked to achieve the minimum required AQL, payment of 80% of the unit price times the actual AQL received will be made for AQL falling below 21% required AQL.

Example - 70% AQL is achieved on task with 95% AQL requirement (AQL is 25% below minimum AQL.) Unit price is $10,000.00

10,000 x 80% = 8,000 x 70% = $6,400.00 price to be paid for unit.

G.3.2 Re-Inspection Costs for Service Items

If rework of task(s) is required, the Contractor will be assessed the costs incurred by the Government in performing such activities. One inspection will be authorized at no charge to the contractor for work that does not meet the AQL

The table below lists charge rates for Government re-inspection of work.

Activity Charge rate

Government wages (per employee performing re-inspection)

$50.00/hour

*Government mileage

$0.58/mile

*Mileage reimbursement rate in effect January 1, 2019 is $.58 per mile. Mileage rates change periodically and the most current mileage rates for assessed damages at the time will be used. Most current mileage rates can be found at the General Services Administration website GSA Mileage.

G.3.3 Payments for Construction Items

Refer to FAR clause 52.232-5 ‘Payments under Fixed-Price Construction Contracts’ for payment procedures related to construction work activities

G.3.3 FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed invoice; and http://www.gsa.gov/portal/category/104715

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(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

G.4 Incidental Payment Items

The intent of the contract is to provide for the complete performance of the project described in the contract.

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

G.5 Product Payment Guarantee and required deposits

To guarantee payment for product in advance of cutting, Contractor may earn Stewardship Credits in advance of cutting, or provide a product payment guarantee in the form of an acceptable surety payment bond, irrevocable letter of credit (ILOC), cash, or a deposit in a Federal Depository negotiable securities of the United States.

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

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

Product payment guarantee for a single contract shall be provided utilizing Form FS6500-12 Payment Bond.

Blanket Payment Bond:

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

b. The amount of such bond or deposited securities shall be allocated to such contracts by the Forest Service. The Contractor shall provide the contact information for the Forest Service representative administering the blanket payment bond to the Contracting Officer. The Forest Service representative administering the blanket payment bond will provide the Contracting Officer with documentation showing the allocation to this contract.

c. When there is to be no product cutting or removal hereunder for 30 days or more and payment of current charges has been made, the allocation to this contract may be reallocated to other contracts at Contractor’s request.

d. Payment guaranteed with acceptable blanket payment bond for multiple contracts shall be provided utilizing Form FS-6500-12a Blanket Payment Bond.

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G.6 Reimbursement for Bond Premiums

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of the performance and/or payment bonds required by the contract. Reimbursement for bond premiums may be made in stewardship credits or cash.

G.7 Stewardship Credits

Stewardship Credits are credits that are earned and established when work listed in the Schedule of Supplies/Services B.2.1 has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the Schedule. Earned credits may be used to pay for timber or other products value included in Schedule B.2.3. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished, inspected and accepted.

G.8 Establishment of Stewardship Credits

Notwithstanding references to payments in “Payment” clauses of this contract, payment for Stewardship Activities will be made with Product Value or other funding as indicated in the award document.

Stewardship Credits will be established on a monthly basis. Stewardship credits will be established for the number of units of each activity that have been completed and accepted. Acceptance may be for all, or a reasonable portion of, any specific activity.

Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service. No credits will be established for work performed under terms of Schedule B.2.3.

G.9 Contractor Certification

Contractor will submit certification with every invoice and monthly, as Stewardship Credits are established.

The Contractor shall furnish the following certification indicating if for invoice, stewardship credit or both.

Credit will not be received if certification is not submitted.

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CONTRACTOR CERTIFICATION

- Invoice and/or Stewardship Credit Earned

Page of Unit (Region, Forest, District) Project: Contract No.

Name and Address of Contractor:

Invoice No. Invoice Date:

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

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

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

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

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

(Name)

(Title)

(Date)

G.10 Excess Stewardship Credits

In the event there are excess (unused) established Stewardship Credits when all of the included timber or other products has been cut and removed the Forest Service, at its option, shall either add more timber or other products or make cash payment for the unused credits.

G.11 Excess Timber or Other Products Value

In the event the value of the included timber or other products exceeds the total value of all of the mandatory activities plus the ordered optional activities, the Contractor shall make cash payment for the excess timber or other products value.

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G.12 Refund of Excess Cash

If at any time the credit balance of the Stewardship Statement of Account exceeds the charges for timber or other products removed to date and for timber or other products that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess from cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made.