00_Solicitation_Cont._R2_Reforestation_IDIQ.docx

Solicitation # 1282X918R0001 Region 2 Reforestation IDIQ Page 30 of 60

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SCHEDULE OF ITEMS

BASE YEAR

Planting Density - CONTAINERIZED TREES - Hoedad/Bar/Shovel Planting

ADDITIONAL PRICE ADJUSTMENTS FOR ITEMS 001-012- Hoedad/Bar/Shovel Planting

BASE YEAR CONT.

Planting Density - CONTAINERIZED OR BAREROOT TREES - Auger Planting

ADDITIONAL PRICE ADJUSTMENTS FOR ITEMS 026-037- Auger Planting

BASE YEAR CONT.

ADDITIONAL COSTS FOR OTHER REFORESTATION RELATED WORK (used with Items 001-048)

Acre

Per Tree

OPTION YEAR ONE (1)

Planting Density - CONTAINERIZED TREES - Hoedad/Bar/Shovel Planting

ADDITIONAL PRICE ADJUSTMENTS FOR ITEMS 101-112- Hoedad/Bar/Shovel Planting

OPTION YEAR ONE (1) CONT.

Planting Density - CONTAINERIZED OR BAREROOT TREES - Auger Planting

ADDITIONAL PRICE ADJUSTMENTS FOR ITEMS 126-137- Auger Planting

OPTION YEAR ONE (1) CONT.

ADDITIONAL COSTS FOR OTHER REFORESTATION RELATED WORK (used with Items 101-148)

Acre

Per Tree

OPTION YEAR TWO (2)

Planting Density - CONTAINERIZED TREES - Hoedad/Bar/Shovel Planting

ADDITIONAL PRICE ADJUSTMENTS FOR ITEMS 201-212- Hoedad/Bar/Shovel Planting

OPTION YEAR TWO (2) CONT.

Planting Density - CONTAINERIZED OR BAREROOT TREES - Auger Planting

ADDITIONAL PRICE ADJUSTMENTS FOR ITEMS 226-237- Auger Planting

OPTION YEAR TWO (2) CONT.

ADDITIONAL COSTS FOR OTHER REFORESTATION RELATED WORK (used with Items 201-248)

Acre

Per Tree

OPTION YEAR THREE (3)

Planting Density - CONTAINERIZED TREES - Hoedad/Bar/Shovel Planting

ADDITIONAL PRICE ADJUSTMENTS FOR ITEMS 301-312- Hoedad/Bar/Shovel Planting

OPTION YEAR THREE (3) CONT.

Planting Density - CONTAINERIZED OR BAREROOT TREES - Auger Planting

ADDITIONAL PRICE ADJUSTMENTS FOR ITEMS 326-337- Auger Planting

OPTION YEAR THREE (3) CONT.

ADDITIONAL COSTS FOR OTHER REFORESTATION RELATED WORK (used with Items 301-348)

Acre

Per Tree

OPTION YEAR FOUR (4)

Planting Density - CONTAINERIZED TREES - Hoedad/Bar/Shovel Planting

ADDITIONAL PRICE ADJUSTMENTS FOR ITEMS 401-412- Hoedad/Bar/Shovel Planting

OPTION YEAR FOUR (4) CONT.

Planting Density - CONTAINERIZED OR BAREROOT TREES - Auger Planting

ADDITIONAL PRICE ADJUSTMENTS FOR ITEMS 426-437- Auger Planting

OPTION YEAR FOUR (4) CONT.

ADDITIONAL COSTS FOR OTHER REFORESTATION RELATED WORK (used with Items 401-448)

Acre

Per Tree

NOTE FOR BIDDING ADDITIONAL PRICE ADJUSTABLE AND ADDITIONAL COST ITEMS. ONLY BID PRICING FOR THE ADDITIONAL WORK EACH ITEM WORK COSTS. DO NOT INCORPORATE COST FOR RELATED ITEMS.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF WORK.

This work is for reforestation. Requires, planting of Government-furnished tree seedlings and related work in compliance with terms, specifications, and provisions provided herein. The contract includes tree handling, planting, and micrositing. All aspects of the work program shall be performed in an organized, systematic manner to assure services shall be performed over the entire unit.

C.2 LOCATION AND DESCRIPTION.

Work is located within USDA Forest Service Region 2. The following Counties included but not limited to.

Colorado: Conejos, Rio Grande, Mineral, Saguache, Custer, Douglas, Teller, El Paso, Fremont, Lake, Chaffee, Huerfano, Costilla, Park, Pueblo and Jefferson;

Nebraska: Dawes, and Sioux South Dakota: Custer, Lawrence and Pennington Wyoming: Fremont, Hot Springs, Park, Bighorn, Washakie, Sheridan, Johnson, Campbell, Crook, Weston, Niobrara, Converse, Natron, Carbon, Albany, Laramie, Platte, and Goshen.

C.3 TECHNICAL SPECIFICATIONS.

See Section J for Performance Work Statement (PWS) and other pertinent information.

C.4 PROCUREMENT OF BIOBASED PRODUCTS

The use of biobased products is required in all United States Department of Agriculture Forest Service Construction and Service Contracts. The following list of products has been identified for potential use in the performance of this contract, but is not limited to this list: office products, diesel fuel additives, penetrating lubricants and greases for trucks. To find out more about use of preferred biobased products go to https://www.biopreferred.gov/BioPreferred/.

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.

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.

SECTION D – PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

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

452.246-70 INSPECTION AND ACCEPTANCE. (FEB 1988)

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

(b) Inspection and acceptance will be performed at: the worksite.

E.1 ACCEPTABLE QUALITY LEVEL (AQL).

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

E.2 QUALITY CONTROL.

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

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

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.

SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER. (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

452.211-74 PERIOD OF PERFORMANCE. (FEB 1988)

The period of performance of this contract is from Date of Award through one (1) year from award date. All Task Orders shall be performed within the performance period specified in the task order.

452.211-75 EFFECTIVE PERIOD OF THE CONTRACT. (FEB 1988)

The effective period of this contract is from Date of Award through one (1) year from award date. Each option year period of performance will be the proceeding following year of the base contract end date. Total contract time will not exceed five (5) years and six (6) months.

F.1 CONTRACT PERFORMANCE TIME AND REQUIRED RATE OF PROGRESS.

Tree survival and growth is dependent upon proper soil and weather conditions at the time of planting and these conditions only prevail for a limited length of time. It is therefore imperative that work be started promptly after conditions for planting become suitable. The Contractor shall maintain progress at a rate that will assure completion within the performance period. The minimum acceptable rate of progress will be calculated by dividing the total unit of work for each Item by performance time specified. In the event the Contractor is delayed and falls more than 2 calendar days behind the progress rate required above, the Contractor’s right to proceed is subject to immediate termination for default.

F.2 CONTRACT TIME

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

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

F.3 UNSUITABLE CONDITIONS.

Whenever it is determined that environmental or physical conditions become unsuitable for tree survival, or when extreme weather conditions create the potential for blowdown, frozen ground, etc., the Contractor shall move to another area identified by the Contractor and agreed to by the Contracting Officer, or take other mitigating actions to improve the situation agreed to by the Contracting Officer. When there is no acceptable mitigating practice and no other area is available, the Contracting Officer shall suspend work and stop the contract time. When conditions are again suitable, the Contracting Officer will issue an oral Resume Work Order and confirm that order in writing. The count of contract time will resume on the day indicated by the Contracting Officer. If the Contractor fails to keep in contact with the COR, a written Resume Work Order will be mailed and the count of days of contract time will resume on the date specified in that order.

F.4 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.

SECTION G – CONTRACT ADMINISTRATION DATA

452.215-73 POSTAWARD CONFERENCE. (NOV 1996)

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

G.1 ISSUANCE OF TASK ORDERS

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

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

Task Orders will be competed amongst the awardees. A Request for Proposal (RFP) will be issued to each awarded contractor requesting a best pricing and a proposed plan on how work will be performed as specified in the RFP. Proposal will be evaluated based on price and technical capability. When a project is initiated, a Task Order will be offered to the awarded Contractor who provides the best value proposal.

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

G.2 CONTRACT AWARD

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

G.3 FOREST SERVICE REPRESENTATIVES

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

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

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

G.4 CHANGES

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

G.5 UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

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

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

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

G.7 DESIGNATION OF AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR

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

G.8 PRE-WORK MEETING

Prior to commencement of work and after issuance of any Task Order(s), the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing. The meeting will be held at a time and place determined by the Contracting Officer or Contracting Officer Represtenative.

G.9 WORK PROGRESS SCHEDULE

Upon request the Contractor shall be required to present at the pre-work conference (or within 10 days thereafter) a written plan of work providing for the orderly and timely completion of the contract requirements. This plan is subject to the approval of the Contracting Officer. The schedule may be modified in writing during the course of the contract when conditions warrant it.

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

G.10 DEDUCTIONS

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

G.11 INVOICE PROCESSING PLATFORM (IPP) SYSTEM

All invoices are to be submitted in the electronic Invoice Processing Platform (IPP) System "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP. This is a mandatory requirement initiated by the U.S. Department of Treasury. More information can be found at this website https://www.ipp.gov/index.htm. Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

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

G.12 INVOICE DOCUMENTS AND ATTACHMENTS

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

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

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

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

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.13 CONTRACT RELEASE

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

G.14 GOVERNMENT FURNISHED PROPERTY.

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

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

G.15 EVALUATING CONTRACTOR PERFORMANCE

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

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

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal Agencies to support future award decisions. The contractor is responsible for the accuracy and completeness of the data within the System for Award Management (SAM) database.

G.16 OMBUDSMAN

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

452.237-74 KEY PERSONNEL. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative, Project Manager, Project Forman/Woman, and Inspector.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

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.