ag0261s130029.pdf

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Attached to: IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment
Solicitation number: AG-0261-S-13-0029
Issued by: Department of Agriculture Forest Service R4-Intermountain Region

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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

BOISE ID 83709-1663

1249 S VINNELL WAY STE 200

ATTN-TANYA SPANFELLNER

SW IDAHO-NEVADA ACQUISITION CENTER

9387 CODE 16. ADMINISTERED BYCODE

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR0261

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/07/2013 1630 MD

04/12/2013

208-373-4130TANYA SPANFELLNER

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-0261-S-13-0029

5. SOLICITATION NUMBER

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

1 79 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

CARSON CITY NV 89701

1536 S CARSON STREET

CARSON RANGER DISTRICT

USDA FOREST SERVICE

15. DELIVER TO

BOISE ID 83709-1663

1249 S VINNELL WAY STE 200

ATTN-TANYA SPANFELLNER

9. ISSUED BY

2. CONTRACT NO.

EFFECTIVE DATE

$17.5

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)

SW IDAHO-NEVADA ACQUISITION CENTER

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOSB

PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Treament per Schedule of Items and Statement of Work

Period of Performance: 05/15/2013 to 04/30/2018

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

TANYA SPANFELLNER

. 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

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.

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.

tspanfellner Typewritten Text DUNs Number:________________________________________

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

001 BASE YEAR

per attached Schedule of Items

Product/Service Code: F014

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- TREE THINNING

Period of Performance: 05/15/2013 to 04/30/2014

002 OPTION YEAR ONE (1)

per attached Schedule of Items

Product/Service Code: F014

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- TREE THINNING

Period of Performance: 04/01/2014 to 04/30/2015

003 OPTION YEAR TWO (2)

per attached Schedule of Items

Product/Service Code: F014

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- TREE THINNING

Period of Performance: 05/01/2015 to 04/30/2016

004 OPTION YEAR THREE (3)

per attached Schedule of Items

Product/Service Code: F014

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- TREE THINNING

Period of Performance: 04/01/2016 to 04/30/2017

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

79 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 79

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

AG-0261-S-13-0029

005 OPTION YEAR FOUR (4)

per attached Schedule of Items Product/Service Code: F014 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- TREE THINNING

Period of Performance: 05/01/2017 to 04/30/2018

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SCHEDULE OF ITEMS

BASE YEAR-Performance Period: DATE OF AWARD-APRIL 30, 2014

ITEM NO. DESCRIPTION UNIT UNIT PRICE

Lop and Scatter-01

Item 01AA - Level I

The amount of slash to be lopped and scattered averages less than 12 tons per acre. Site is accessible or walk-in of less than 1/4 mile is required. Reduced slash to the extent that it is within 12 inches of the ground at all points.

Acre

Item 01AB - Level II

The amount of slash to be lopped and scattered averages between 12 and 20 tons per acre. Site is accessible or walk-in of less than 1/4 mile is required. Reduced slash to the extent that it is within 12 inches of the ground at all points or as designated by the task order.

Pruning-02

Item 02AA - Level I

Less than 20 TPA Acre

Item 02AB - Level II 20 - 50 TPA Acre

Item 02AC - Level III

50 - 100 TPA

Item 02AD - Level IV

100 - 150 TPA

Item 02AE - Level V

150 - 220 TPA

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment Solicitation No.:AG-0261-S-13-0029

Hand Piling-03

Item 03AA - Level I Light an average of fewer than 30 piles per acre

Item 03AB - Level II Medium an average of 31 to 50 piles per acre

Item 03AC - Level III Heavy an average of 51 piles per acres or greater

Slashing and Hand Piling-04

Item 04AA – Level I

Crown closure of material to be hand severed and piled is estimated to be from 0 to 30 percent total cover. Slope is greater than 45%

Acre $

Item 04AB - Level II estimated to be from 31 to 60 percent total cover. Slope is greater

Item 04AC - Level III estimated to be greater than 60% percent total cover. Slope is greater than 45%

Item 04AD - Level IV estimated to be from 0 to 30 percent total cover. Slope is 30% to 45%

Item 04AE - Level V estimated to be from 31 to 60 percent total cover. Slope is 30% to

Item 04AF- Level VI estimated to be greater than 60% percent total cover. Slope is 30% to 45%

Item 04AG - Level VII estimated to be from 0 to 30 percent total cover. Slope is under 30%

Item 04AH - Level VIII estimated to be from 31 to 60 percent total cover. Slope is under

Item 04AI - Level IX estimated to be greater than 60% percent total cover. Slope is under 30%

Mechanical Fuels Treatment (Hand Thinning and Chipping)-05

Item 05AA - Level I Percent cover of material to be treated is estimated to be between

0 and 30 percent total cover. Slope is under 30%

Item 05AB - Level II Percent cover of material to be treated is estimated to be between

0 and 30 percent total cover. Slope is from 30 to 45%

Item 05AC - Level III

Percent cover of material to be treated is estimated to be between 31 and 60 percent total cover. Slope is under 30%

Item 05AD - Level IV

31 and 60 percent total cover. Slope is from 30 to 45%

Item 05AE - Level V

Percent cover of material to be treated is estimated to be greater than 60% percent total cover. Slope is under 30%

Item 05AF - Level VI than 60% percent total cover. Slope is from 30 to 45%

Item 05AG - Level VII

0 and 30 percent total cover. Slope is over 45%

Item 05AH - Level VIII

31 and 60 percent total cover. Slope is over 45%

Item 05AI - Level IX than 60 percent total cover. Slope is over 45%

Item 05AJ - Level X Per hour cost to chip material

Hourly $

Pile Covering-06

Item 06AA - Level I Light an average of fewer than 30 piles per acre

Item 06AB - Level II Medium an average of 31 to 50 piles per acre

Item 06AC - Level III Heavy an average of 51 piles per acres or greater

Slashing-07

Item 07AA – Level I

Crown closure of material to be hand severed is estimated to be from 0 to 30 percent total cover. Slope is greater than 45%

Item 07AB - Level II from 31 to 60 percent total cover. Slope is greater than 45%

Item 07AC - Level III greater than 60% percent total cover. Slope is greater than 45%

Item 07AD - Level IV from 0 to 30 percent total cover. Slope is 30% to 45%

Item 07AE - Level V from 31 to 60 percent total cover. Slope is 30% to 45%

Item 07AF- Level VI greater than 60% percent total cover. Slope is 30% to 45%

Item 07AG - Level VII from 0 to 30 percent total cover. Slope is under 30%

Item 07AH - Level VIII from 31 to 60 percent total cover. Slope is under 30%

Item 07AI - Level IX greater than 60% percent total cover. Slope is under 30%.

**Additional specifications for each line item can be found in the contract under

Specifications/Statement of Work section 5.0 Specific Tasks

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment

OPTION YEAR ONE (1)-Period of Performance: MAY 1, 2014-APRIL 30, 2015 mile is required. Reduced slash to the extent that it is within 12 inches of the ground at all points.

1/4 mile is required. Reduced slash to the extent that it is within 12 inches of the ground at all points or as designated by the task order.

estimated to be from 31 to 60 percent total cover. Slope is greater estimated to be greater than 60% percent total cover. Slope is estimated to be from 0 to 30 percent total cover. Slope is 30% to estimated to be from 31 to 60 percent total cover. Slope is 30% to estimated to be greater than 60% percent total cover. Slope is estimated to be from 0 to 30 percent total cover. Slope is under estimated to be from 31 to 60 percent total cover. Slope is under estimated to be greater than 60% percent total cover. Slope is

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment

OPTION YEAR TWO (2)-Period of Performance: MAY 1, 2015-APRIL 30, 2016 mile is required. Reduced slash to the extent that it is within 12 inches of the ground at all points.

1/4 mile is required. Reduced slash to the extent that it is within 12 inches of the ground at all points or as designated by the task order.

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment

OPTION YEAR THREE (3)-Period of Performance: MAY 1, 2016-APRIL 30, 2017 mile is required. Reduced slash to the extent that it is within 12 inches of the ground at all points.

1/4 mile is required. Reduced slash to the extent that it is within 12 inches of the ground at all points or as designated by the task order.

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment

OPTION YEAR FOUR (4)-Period of Performance: MAY 1, 2017-APRIL 30, 2018 mile is required. Reduced slash to the extent that it is within 12 inches of the ground at all points.

1/4 mile is required. Reduced slash to the extent that it is within 12 inches of the ground at all points or as designated by the task order.

Contract Terms and Conditions

ADDENDUM TO FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS-

COMMERCIAL ITEMS (INCORPORATED BY REFERENCE ON STANDARD FORM 1449)

The Following are added to the terms and conditions in FAR 52-212-4

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions - Commercial Items (FEB 2012)

52.212-4 paragraph (a) Inspection/Acceptance is changed to incorporate the following:

Inspection of plots – Each plot will be randomly selected, given equal weight and inspected for the following listed below. A final percentage will be determined from the plot results.

Upon inspection of all plots, the quality of thinning shall be calculated as follows:

# of passing plots ---------------------- X 100 = Quality % # of total plots

Slash Treatment for all Items

The location of slash treatment plots will be randomly selected within the treatment area. A visual inspection will be made for the following:

Item A and Item B and the two will be averagved together for % quality:

A- At each plot location, slash treatment will be examined to see if it has been treated according to the specifications in Section 6.0. If any of the specifications are not met within the plot, the plot will fail.

B-If more than five Brush sprouts are left greater than 6 inches above the average ground level, the plot will fail.

Upon inspection of all plots for a unit, the quality of treatment shall be calculated as follows:

# of passing plots for A + # of passing plots for B -------------------------------------------------------------- X 100 = Quality % # of total plots taken of A + B

Acceptance Level

Work on this contract will be deemed acceptable when the quality percentage is least 90 percent for acceptance for full payment. Where inspection determines quality is 80 percent and above, but below 90 percent, the work will be accepted at a rate reduction of 2 percent for each 1 percent the quality of work is below 90 percent. If the percentage falls below 80 percent due to inadequate treatment, the area may be reworked to bring the percentage up or no payment will be made for the work. The contractor shall pay for reinspection costs of reworked areas. A maximum of 2 reworks will be allowed on any sub item and only one may be allowed if two reworks are common.

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment

Government Inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only.

Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received. If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

Disputed Inspection. The Contractor may request reinspection without rework if the results are unacceptable.

Reinspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Reinspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If reinspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If reinspection results are greater than five percentage points above or below the first inspection, the reinspection results will be used.

If the reinspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the reinspection.

Reinspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Reinspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for reinspection at the time specified by the Contractor will not be reinspected, and the results of the first inspection will be final.

GOVERNMENT VERIFICATION PROCEDURES

A. The Government will verify the Contractor's work with an identical inspection program equal to a least 1/5 the number of plots inspected by the Contractor.

B. If the Government's pay percent computation is within 5 percent of the Contractor's pay computation using the same formula, the Government will accept the Contractor's data for pay purposes.

C. If the difference is greater than 5 percent, the Government will use its inspection for pay purposes.

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment

CONTRACTOR'S RIGHT TO CHALLENGE GOVERNMENT VERIFICATION

A. The Contractor may challenge the Government verification results in writing to the Contracting Officer.

This written challenge must be received by the Government prior to payment having been made for the work area in question.

B. If the Contractor challenges the Government verification results, the Government will inspect the entire area challenged in accordance with the Inspection Procedures contained herein.

C. If the result of the Government’s full inspection procedures are within plus or minus 5 percent of the Contractor's original inspection results, the Contractor's results will be used for pay purposes. The Contractor will not be liable for the inspection conducted by the Government.

D. If the results of the Government's full inspection procedures differ more than 5 percent either higher or lower, the Government's inspection results will be used for pay purposes. The Contractor shall be liable for the inspection conducted by the Government.

E. Standard rounding rules will be used in determining percentage discussed in this section.

REWORK AND RE-INSPECTION AFTER REWORK

Re-inspection after rework will be made in the same manner as the first inspection but on different plot lines.

The Contractor shall be liable for inspections resulting from rework requirements.

(End of paragraph (a) Addendum)

52.212-4 paragraph (i) Payment-(1) Items accepted is changed to incorporate the following: :

Payment will be made in full if inspection results are 90 percent or higher. If inspection results are below 90 percent, a deduction will be made equal to 2 percent for every 1 percent below 90. For example, if inspection results are 87 percent, the bid price would be reduced by 6 percent. No payment will be made if results are less than 80 percent.

(End of paragraph (i) Addendum)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.245-1 Government Property. (APR 2012) 52.245-9 Use and Charges. (APR 2012) 452.236-72 Use of Premises. (Nov 1996)

52.252-2 Clauses 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/these address(es): http://farsite.hill.af.mil.

(End of Clause)

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment Solicitation No.:AG-0261-S-13-0029 http://farsite.hill.af.mil/

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award_ through _April 30, 2018.

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

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

(End of Clause)

FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $75,000.00;

(2) Any order for a combination of items in excess of $125,000.00; or

(3) A series of orders from the same ordering office within 14 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

FAR 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after Completion of all Delivey Orders.

(End of Clause)

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates, provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 Days.

(End of Clause)

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days;

provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed Five Years and 6 months.

(End of Clause)

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (JUL 2012)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30;

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance; and

(3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract.

(d) The environmental point of contact for this contract is: Please contact the applicable POC.

Distribution of Reports POC Technical Issues/BioPreferred Website Reporting Tool POC Cele Aguirre-Bravo Ron Buckhalt Agency (FS) POC USDA Program Manager BioPreferred Program BioPreferred Program 1621 North Kent Street 361 Reporters Building Arlington, VA 22209 300 7th Street SW Telephone: (703) 605-5144 Washington, DC 20024 Fax: (703) 605-5100 Telephone: (202) 205-4008

Agency website for reporting: http://www.biopreferred.gov/FARReporting/FARReporting.xhtml (End of Clause)

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment Solicitation No.:AG-0261-S-13-0029 http://www.biopreferred.gov/ http://www.biopreferred.gov/FARReporting/FARReporting.xhtml

FAR 52.236-7 Permits and Responsibilities (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

(End of Clause)

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (FEB 2012) Alternate I (FEB 2012)

(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted.

(End of Clause)

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $2500.00, but not in excess of $875,000.00.

(End of Clause)

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment

FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for 3 years, or 1 year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

FSAR 4G52.222-702 Labor Standard for Contracts Involving Migrant and Seasonal Agricultural Workers (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to ensure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, site preparation, and wildland fire fighting.

(b) Definitions

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves 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. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children;

(3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual 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.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. 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

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

The following is added:

The Department of Labor’s Wage and Hour Division (WHD) has consolidated its Farm Labor Contractor certificate registration to two locations: San Francisco, California, and Atlanta, Georgia.

The permanent place of residence of the certificate applicant, NOT the location where the applicant intends to work determines the appropriate application processing center. Applications should be submitted – again, based on the applicant’s permanent place of residence – to one of the following locations:

If the applicant’s permanent place of residence is in Alaska, Washington, Oregon, California, Nevada, Arizona, or Hawaii, then the application should be sent to:

U.S. Department of Labor Employment Standard Administration Wage Hour Division National Certificate Team 90 Seventh Street, Suite 13-100 San Francisco, CA 94103

If the applicant’s permanent place of residence is anywhere else in the country, then the application should be sent to:

U.S. Department of Labor Employment Standard Administration Wage Hour Division National Certificate Team P.O. Drawer 56447 Atlanta, GA 30343

The Farm Labor Contractor Registration form WH-530 may be downloaded from the WHD website at: http://www.dol.gov/esa/forms/whd/fts_wh530.htm.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, record keeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional Form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (that is, per hour, per tree, per acre), number of units earned if paid on a

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment Solicitation No.:AG-0261-S-13-0029 http://www.dol.gov/esa/forms/whd/fts_wh530.htm per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for 3 years.

(iii) Payments must be made no less frequently than every 2 weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed in paragraph (ii) and shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally, passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR

500.105. All drivers must have a current, valid State drivers license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(iii) If the Contractor is not furnishing worker housing:

Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, which meets all applicable state and federal standards for employee housing.

Within 10 days after award, and prior to the issuance of Notice to Proceed, the Contractor must notify the Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the Contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

If the housing site is not located on a National Forest, the site must meet the applicable housing standards in

MSPA.

If an exemption from the permit requirement is claimed, the Contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption under that law, and identifying a USDOL employee or official who stated or concurred that the accommodations were exempt, citing name, date, and means of communication.

If the housing site is changed after approval by the Contracting Officer, the Contractor must provide a new Permit or exemption statement. The above requirements are material conditions of this contract. If the Contractor fails to comply, the Government may terminate the contract. In addition, other remedies or penalties prescribed by law may apply

(5) Field Sanitation

In accordance with US Department of Labor Fact Sheet No. ESA 97-28 “Field Sanitation Standards” (Ref.

29CFR 1928.110), employers must provide:

► Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees.

► Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary.

► Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize them.

Employees cannot be made to bear the costs incurred by the employer for providing required facilities.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

(End Clause)

FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration (DEC 1999)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain a MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

(End of Clause)

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment

4G52.222-704 - Personal Protective Equipment (FEBRUARY 2007)

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities must be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment must not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps must cover the full length of the thigh and must extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation.

(End of Clause)

4G52.222-705 - Camping Provisions for Labor Intensive Contracts (FEBRUARY 2007)

The following provisions apply to all camping on National Forest lands during performance of this contract:

These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises,” in this contract.

Every structure used as shelter must provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite must be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping is permitted within developed recreation sites or along primary recreation roads.

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. If the contractor fails to remove all structures or improvements within the 10-calendar days, they shall become the property of the United States, but that will not

IDIQ-Humboldt-Toiyabe Forest Wide Fuels Reduction Hand Treatment relieve the contractor of liability for the cost of their removal and restoration of the site.

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

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

Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

Sanitary facilities must be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, must be provided and sufficient for the storage of perishable food items.

An adequate and convenient potable water supply must be provided in each camp for drinking and cooking purposes.

Toilet facilities adequate for the capacity of the camp must be provided and supplied with adequate toilet paper.

Such facilities must be serviced and maintained in a sanitary condition.

Garbage must be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

Basic first aid supplies must be maintained, available, and under the charge of a person trained to administer first aid. The supplies must include:

1. Gauze pads (at least 4x4 inches),

2. Two large gauze pads (at least 8x10 inches),

3. Box adhesive bandages (band-aids),

4. One package of gauze roller bandage at least 2-inches wide,

5. Two triangular bandages,

6. Scissors,

7. At least one blanket,

8. Tweezers,

9. Adhesive tape,

10. Latex gloves, and

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

Any washing of laundry must be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material must be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

The contractor shall comply with the following fire regulations during fire season:

During the fire season, a shovel, axe or Pulaski, 10-quart pail which is full of water for immediate use, and a fire extinguisher with an Underwriters…

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