129JGP19Q4001.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

9JGP

NEVADA CITY CA 95959

631 COYOTE STREET

R5 CENT-CAL ACQ SERV AREA CCASA

USDA FOREST SERVICE

9AC2 CODE 16. ADMINISTERED BYCODE

X

X

113310

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR9JGP

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/03/2019 1500 PT

05/07/2019

530-478-6142CRAIG ERICSON

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

129JGP19Q4001

5. SOLICITATION NUMBER

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

1 62 952760OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

OROVILLE CA 95965

875 MITCHELL AVE

OROVILLE RANGER STATION

US FOREST SERVICE

15. DELIVER TO

NEVADA CITY CA 95959

631 COYOTE STREET

R5 CENT-CAL ACQ SERV AREA CCASA

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

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.

Challenge IRSC Stewardship Contract

See Schedule of Services and Prices, Section B.3

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

CRAIG ERICSON

. 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.

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 GENERAL INFORMATION

B.3 SCHEDULE OF SERVICES AND PRICES

B.3.1 MANDATORY WORK ACTIVITIES:

B.3.3 TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

B.4 LAND MANAGEMENT ACTIVITIES

B.5 DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.3 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

C.4 452.215-73 POST AWARD CONFERENCE (NOV 1996)

C.5 452.236-78 FIRE SUPPRESSION AND LIABILITY (MAR 2016)

C.6 452.237-71 PRE-BID/PRE-PROPOSAL CONFERENCE (FEB 1988)

C.7 452.237-74 KEY PERSONNEL (FEB 1988)

C.8 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.2 Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items

E.3 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 42

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

ITEMS (OCT 2018)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: Name:

Address:

City, State, ZIP:

Phone:

Email:

DUNS#:

b. GOVERNMENT: Craig A. Ericson, Contracting Officer USDA Forest Service Central California Acquisition Service Area (CCASA) 530-559-6264 craig.ericson@usda.gov

2. CONTRACTOR REMITTANCE ADDRESS:

All payments by the Government to the contractor will be made in accordance with 52.232-34, Payment by Electronic Funds Transfer – System for Award Management (SAM)

3. INVOICES: Invoices shall be submitted in arrears: Upon Government Acceptance

4. GOVERNMENT INVOICE ADDRESS:

Payment will be made from the contractor’s invoice. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://ipp.gov/index.htm. There is no pre-award registration.

After award of a contract, please make sure that your company registers promptly at http://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. PRIOR to starting the IPP enrollment process, please verify that the point of contact’s (POC’s) email address is up to date in your company’s System for Award Management (SAM) account at www.sam.gov, and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the SAM POC. If you have questions on the IPP enrollment process, call IPP Customer Support at (866) 973-3131. IPP customer support is available to assist users from 8 a.m. to 6 p.m. Eastern, Monday through Friday (excluding holidays). A user ID and password are required to view payment information.

5. CHANGES/MODIFICATIONS TO THE CONTRACT:

The Contracting Officer will be the only person authorized to approve changes or modify any of the requirements under this resultant contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer will be authorized to make commitments or issue changes that affect price, quantity, delivery or quality of performance of this resultant contract. In the event

Challenge IRSC Solicitation No. 129JGP19Q4001 Page 4 of 62 the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized by the local VAMC and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

The Contracting Officer’s Representative (COR) will be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

6. SUBMISSION OF OFFER:

(a) Electronic Submissions (Email submissions are preferred if possible)

(1) Offerors may submit electronic responses to this solicitation. Email offers to craig.ericson@usda.gov.

Please limit the size of your file to 5 MB or less; more is not always better, so please be concise. Include the solicitation number in the subject line of the email. Files in Adobe Acrobat are the preferred file type; other types may be accepted but the Offeror may be required to change type if the Government cannot open the attachment.

(2) If any portion of a offer received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document-

(i) The Contracting Officer immediately shall notify the Offeror and permit the Offeror to resubmit the offer.

(ii) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the Offeror; and

(iii) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timelines, provided the Offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(b) Facsimile Submissions

(1) Offerors may submit facsimile offers as responses to this solicitation however it is highly recommended to send an email.

(2) The telephone number of receiving facsimile equipment is: 530-252-6428

(3) If any portion of a facsimile offer received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document

(i) The Contracting Officer immediately shall notify the Offeror and permit the Offeror to resubmit the offer.

(ii) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the Offeror; and

Challenge IRSC Solicitation No. 129JGP19Q4001 Page 5 of 62

(iii) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timelines, provided the Offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

The Government reserves the right to make award solely on the facsimile or electronic offer.

However, if requested to do so by the Contracting Officer, the potential awardee shall promptly submit the complete original signed offer.

(c) Hard Copy Submissions are not permitted.

7. SOLICITATION/DOCUMENT:

This solicitation and resulting contract adheres to the format defined in FAR 12.303 for the acquisition of commercial items. This procurement will be conducted using the procedures of FAR Parts 12 and 13.

8. ACKNOWLEDGMENT OF AMENDMENTS:

The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 GENERAL INFORMATION

Proposals shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension will be requested. Refer to Section L for instructions on preparing your proposal and pricing.

Bonds: Bid Bonds, Payment Bonds, and Performance Bonds are not required for this project.

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

Challenge IRSC Solicitation No. 129JGP19Q4001 Page 6 of 62

B.3 SCHEDULE OF SERVICES AND PRICES

Contractor shall provide the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform fuels reduction and forest restoration activities on the USDA Forest Service, Plumas National Forest (PNF), Mount Hough Ranger District (MHRD).

B.3.1 MANDATORY WORK ACTIVITIES:

Contractor Name

ITEM

NO.

DESCRIPTION OF

MANDATORY WORK ACTIVITIES UNIT

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

Cut and skid all biomass to the landing to be decked with tops-Mandatory units-1, 1a, 2, 2a, 3, 6, 7, 7a, 9, 10, 11, 15, 20, 20a, 26, 33, 8, 9a, 21, 34

Acre 636 $ $

2 Road Maintenance-Mandatory Mile 16.1 $ $

Total All Service Items $

B.3.2 OPTIONAL WORK ACTIVITIES:

Contractor Name

ITEM

NO.

DESCRIPTION OF

OPTIONAL WORK ACTIVITIES UNIT

ESTIMATED

QUANTITY

UNIT

PRICE TOTAL

OPTIONAL-Cut and skid all biomass to the landing to be decked with tops-

3 Unit 13 Acre 37 $ $ 4 Unit 5 Acre 109 $ $

OPTIONAL -Mastication of material 9.9 inch dbh and less

5 Unit 36 Acre 38 $ $ 6 Unit 921 Acre 17 $ $ 7 Unit 992 Acre 32 $ $

Total All Optional Service Items $

Challenge IRSC Solicitation No. 129JGP19Q4001 Page 7 of 62

B.3.3 TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

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. Unit prices prevail.

B.4 LAND MANAGEMENT ACTIVITIES

Performance of land management activities shall be in accordance with Section B.5 – Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule B-3.1 will be made in Stewardship Credits in lieu of cash to the extent that the work performed will be offset by the timber or other products value during the contract period as defined in B.5.18. All Base Work Activities shall be performed.

SPECIES PRODUCT QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

OFFER

(FLAT)

TOTAL OFFER

Combined Softwood

Sawtimber 24,784 TON $4.02/TON $ $

Combined Hardwood

Fuelwood 2,851 TON $0.75/TON $ $

Subdivisions - 1, 1a, 2, 2a, 3, 6, 7, 7a, 9, 10, 11, 15, 20, 20a, 26, 33, 8, 9a, 21, 34

Total – All Products $

Challenge IRSC Solicitation No. 129JGP19Q4001 Page 8 of 62

B.5 DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

B.5.1 Project Description

(a) Description of Work – The Challenge IRSC Project is located on the Feather River Ranger

District of the Plumas National Forest encompassing the area indicated on the Contract Area Map. It includes 2 mandatory bid items and 5 optional bid items, in addition to thinning and removal of commercial sawlogs on 782 acres.

The stewardship work activity items are described in detail in Appendix A and attachments.

Payment unit boundaries are shown on the Contract Area Maps and delineated on the ground with 3 orange painted horizontal lines facing into the units above and below stump height and blue flagging. Yellow placard signs with unit numbers are on corners with pink and blue flagging tied together. There are vertical orange painted stripes as you look down the boundary edge of units. Stewardship service units of mastication are flagged with blue flagging and have signs on corners or near road intersections and have old orange paint boundaries also.

This is a scaled sale with a combined sampling error of 11 percent. It is a weight scaled scale measured in tons. There are 533 acres of individual tree mark units with cut trees marked with blue paint. There are also 249 acres of Designation by Spacing units that have orange painted boundaries. Trees are not marked and will be cut by designation by spacing in these pine plantation units.

**Load count will be available by agreement for all sawlogs upon Purchaser request after award, if Purchaser wants to take sawlogs to alternative processing mills.

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

(c) Project Location – The project is located within the Challenge area.

The legal locations are:

T19N, R7E Sections 16, 19-21, 28-30, 30, 32-34 T18N, R7E Sections 2 and 3, Mount Diablo Base and Meridian (MDBM)

B.5.2 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.

B.5.3 Contract Area Map

The boundaries of Subdivisions or Payment Units and any cutting units thereof, are as shown on the attached "Contract Area Map," which is made a part hereof, and were, before solicitation, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of the 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:

Challenge IRSC Solicitation No. 129JGP19Q4001 Page 9 of 62

(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.

B.5.4 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

NONE

B.5.5 Operating Plan and Schedule

The Contractor will provide a detailed timeline of when the contract requirements will be accomplished while conforming to the requirements. 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. The operating plan and schedule should contain the following elements:

• 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.

• 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.

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

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

Challenge IRSC Solicitation No. 129JGP19Q4001 Page 10 of 62 operating plan and schedule that all of the contract activities will be accomplished in a timeline that will meet the contract requirements.

B.5.6 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.

B.5.7 Acceptance

The Contractor’s 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 may be assessed for additional inspections, which will include mileage and hourly rate of the COR. If follow-up inspections indicate that the minimum AQL was not met, the work will be deemed unsatisfactory and a deduction in payment may result (Section G-3.4).

Acceptance may be made for all or portions of work.

B.5.8 Government Quality Assurance Surveillance Plan

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

B.5.9 Commencement, Prosecution, and Completion of Work

The Contractor shall be required to (a) commence work under this contract in accordance with the accepted operation plan; starting work when the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire project including final cleanup of the premises by 10/31/2021.

B.5.10 Estimated start work date.

It is estimated that work will begin as addressed on 06/15/2019. Actual date is negotiable based upon actual award date, prospective work and weather conditions.

B.5.11 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

Description of Restriction

Payment Unit 1A,2A, 9,9A, 10 15,20,21and portions of 1,2, and 11-Spotted Owl LOP

March 1st – Aug 15th: Operations prohibited unless surveys conducted and no individuals found.

Purchaser may elect to get qualified wildlife biologist to conduct surveys at their cost and confirm results with Forest Service wildlife biologist-if USFS has no people to conduct surveys.

Challenge IRSC Solicitation No. 129JGP19Q4001 Page 11 of 62

To reduce impacts to spotted owls and their habitat, landings shall be prioritized to be placed in existing landing areas.

B.5.12 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

Proposed Operation Plan (Overall Schedule): The Contractor shall prepare and submit two copies (or one electronic copy) of 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 schedule shall comply with the contract time requirements in the contract (or Task Order), 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.

With Proposal

Subcontractors: List of proposed sub-contractors and their intended work. Sub-contractors must have Contracting Officer’s written approval prior to starting work on the project.

With Proposal

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.9, “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.5, “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. (Paragraph I.2)

With Proposal

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

With Proposal

Designation of Contractor personnel describing responsibilities and authorities

At prework Meeting

BioBased Report. Submit annually. Refer Section C.8 October 31

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.

Challenge IRSC Solicitation No. 129JGP19Q4001 Page 12 of 62

B.5.13 Measurement

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

B.5.14 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 52.212-4 Contract Terms and Conditions-Commercial Items (i) – Payments and 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (See clause 52.212-5). Submit certification B.5.20 with all invoices.

Invoices are to be submitted to:

Payment will be made from the contractor’s invoice. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://ipp.gov/index.htm. There is no pre-award registration.

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) monthly when harvesting operations are underway.

B.5.15 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

(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.

B.5.16 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.

B.5.17 Product Payment Guarantee

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.

Challenge IRSC Solicitation No. 129JGP19Q4001 Page 13 of 62

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.

B.5.18 Stewardship Credits

Stewardship Credits are credits that are earned and established when work listed in the B.1 Schedule of Supplies/Services 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. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

B.5.19 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.

Challenge IRSC Solicitation No. 129JGP19Q4001 Page 14 of 62

B.5.20 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.

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)

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B.5.21 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.

B.5.22 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.

B.5.23 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. After a refund, deposits shall be made to meet the requirements of the clause entitled, “PRODUCT PAYMENT GUARANTEE” before additional timber or other products may be cut.

B.5.24 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.

This contract is also subject to the H-2B program under 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 with the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required if hiring H-2B workers. For further information on the requirements of the H-2B program, visit OFLC’s website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour’s 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

Challenge IRSC Solicitation No. 129JGP19Q4001 Page 16 of 62 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‘s on line iCERT Visa Portal System at https://icert.doleta.gov/.

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.

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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’s responsibility to ensure the Subcontractor’s 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 Subpart I, OSHA's personal protective equipment (PPE) standard, which includes 29 CFR 1910.132, 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. Specific requirements for PPE are also presented in many different OSHA standards, published in 29 CFR.

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 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.

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MSPA – Forestry Working Conditions Checklist Manual Logging activities:

https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html General Machine and Vehicles Logging activities:

https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html Firefighting:

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, driver’s 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.

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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.

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 a n d 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.

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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 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.

B.5.25 Safety

Contractor’s Operations shall facilitate Forest Service’s safe and practical inspection of Contractor’s Operations and conduct of other official duties on Contract Area. Contractor has all responsibility for compliance with safety requirements for Contractor's employees. In the event that a conflict develops between the requirements of this contract or agreed upon methods of proceeding hereunder and State or Federal safety requirements, the contract shall be modified and Contractor may request an equitable adjustment.

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B.5.26 Requirements of Rights-of-Way

Contractor’s use on rights-of-way shall be confined to said rights-of-way and limited by the related easements and stipulations, if any, unless Contractor makes other arrangements that will not infringe upon or adversely affect the grantee’s rights. Said easements or right-of-way documents are available in the offices of the Forest Supervisor and District Ranger.

B.5.27 Use of Roads by Contractor

Contractor is authorized to maintain roads, bridges, and other transportation facilities, as needed for harvesting Included Timber or other products on National Forest and other lands where Forest Service has such authority. The location and clearing widths of all Temporary Roads or facilities shall be agreed to before construction is started. Contractor is authorized to cut and use for construction without charge construction timber or other products designated by agreement.

Except as provided herein, Contractor is authorized to use existing National Forest roads and Specified Roads, when such use will not cause damage to the roads or National Forest resources and when hauling can be done safely. If Contractor’s use of an existing temporary or National Forest system road cannot be satisfactorily accommodated without reconstruction, Contractor shall be authorized to use such road upon agreement as to the minimum reconstruction work that Contractor shall perform before hauling.

The Contract Area Map shows existing temporary or permanent roads that for such reasons as limitations in structural capacity, safety, and protection of soil, water, and roads:

(a) Cannot be used for log hauling or

(b) May be used only under the restrictive limitations stated therein.

Contractor's use of existing roads identified on Contract Area Map by the following codes is prohibited or subject to restrictive limitations, unless agreed otherwise:

Code Use Limitations X Hauling prohibited

R Hauling restricted

U Unsuitable for…