AG-0261-S-15-0062___SUBLET_FUELS_ _VEGETATION_PROJECT_2015.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

BOISE ID 83709-1663

1249 S VINNELL WAY STE 200

ATTN KAREN MORTHLAND

SW IDAHO-NEVADA ACQUISITION CENTER

0273 CODE 16. ADMINISTERED BYCODE

X

X

X

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

05/13/2015 1200 MD

04/08/2015

208-373-4115KAREN MORTHLAND

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-0261-S-15-0062

5. SOLICITATION NUMBER

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

1 76741936OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BURLEY ID 83318

2306 HILAND AVENUE

MINIDOKA RANGER DISTRICT

USDA FS SAWTOOTH NF

15. DELIVER TO

BOISE ID 83709-1663

1249 S VINNELL WAY STE 200

ATTN KAREN MORTHLAND

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.0

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 WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

IGF::CL::IGF SUBLETT FUELS PROJECT 2015

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.

All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

KAREN MORTHLAND

. 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.

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.

Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

Delivery: 09/18/2015

Period of Performance: 07/15/2015 to 09/18/2015

001 IGF::CL::IGF SUBLETT FUELS PROJECT 2015

Product/Service Code: F004

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

762 of

AG-0261-S-15-0062 Sublett Fuels & Vegetation Project 2015 Page 3 of 76

SCHEDULE OF ITEMS

SUBLET FUELS AND VEGETATION PROJECT 2015

SAWTOOTH NATIONAL FOREST

Work Item Description Unit of

Measure Quantity Unit Price

Price

All req’d *

1. Units- Sublett Guard 1 &2, Ward 2 Hand Thinning/Hand Piling Acre 133 $ $

TOTAL $

Resource Protection Acre NSP Contractor Inspection System Acre NSP Quality Control Plan Each NSP Work Plan Each NSP

Camping/Worksite plan Each NSP

TIN_____________________ DUNS_____________________

NOTE: Prebid Meeting: May 5, 2015 @ 0800 Burley RD

NO FAXES WILL BE ACCEPTED

AG-0261-S-15-0062 Sublett Fuels & Vegetation Project 2015 Page 4 of 76

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

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.219-11 Special 8(a) Contract Conditions (Feb 1990) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.236-7 Permits and Responsibilities

CLAUSES INCORPORATED BY FULL TEXT

52.222-99 Establishing A Minimum Wage For Contractors (Deviation 2014-0001) (OCT

2014)

This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President’s Executive Order Establishing a Minimum Wage for Contractors, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than

AG-0261-S-15-0062 Sublett Fuels & Vegetation Project 2015 Page 5 of 76 those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

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

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

The period of performance of this contract will start approximately July 15, 2015 and will have 66 calendar days for completion.

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Crew Leader.

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

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed

AG-0261-S-15-0062 Sublett Fuels & Vegetation Project 2015 Page 6 of 76 substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (MAR 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108- 78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

X (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.

110-161).

AG-0261-S-15-0062 Sublett Fuels & Vegetation Project 2015 Page 7 of 76 ___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (11) [Reserved]

_X_ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

X (23) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

AG-0261-S-15-0062 Sublett Fuels & Vegetation Project 2015 Page 8 of 76 ___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.

793).

___ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

AG-0261-S-15-0062 Sublett Fuels & Vegetation Project 2015 Page 9 of 76 ___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).

___ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (48) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (49) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (52) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits

AG-0261-S-15-0062 Sublett Fuels & Vegetation Project 2015 Page 10 of 76 Forestry General Laborer, WG-02 $18.00

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

AG-0261-S-15-0062 Sublett Fuels & Vegetation Project 2015 Page 11 of 76

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.

793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

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BACKGROUND

Historically, fire has been an important element in forest communities in the Sublett Division, as it has in most areas of the Intermountain West. Physical and historical evidence suggests that fire has been important in shaping the vegetative community throughout Southern Idaho.

SCOPE OF WORK

The purpose of this project is to reduce fuels and restore aspen where it has declined on the Sublett Division as outlined in the Forest Plan. This action is needed to reduce the fuels within conifer-encroached aspen stands. Aspen stands have traditionally served as “natural fuelbreaks” on the landscape, limiting or modifying fire spread under all but the most severe of wildfire scenarios. Aspen is, however, a fire dependent species throughout the Great Basin and with fire suppression being a focus of the Forest Service since its inception, this natural disturbance has been lost on the landscape.

With the loss of the disturbance the aspen has been declining in the overstory. The overall aim of this project is to restore areas where aspen is still lingering in the overstory, thus resetting the fire regime.

At the same time, the risk of high intensity fire is reduced because aspen does not support this type of fire. The overall project size is 2, 410 acres in conifer removal and aspen regeneration plus another 963 acres in prescribed burning.

OBJECTIVES

The purpose of this contract is to hand thin and hand pile in the following units: Sublett Guard 1 (66 acres), Sublett Guard 2 (42.5 acres), and Ward Canyon 2 (24 acres) to retain existing aspen stands and reduce competition from conifer trees within the aspens stands and nearby. This treatment may also initiate aspen suckering within units. The short and long term desired condition is to create and maintain aspen stands. Some large conifers, mainly Douglas-fir will remain in the aspen as large relic trees.

SCOPE OF CONTRACT

The solicitation is for hand thinning, and hand piling on the Sawtooth National Forest, Minidoka Ranger District, Sublett Division. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies (including approved paper to cover piles), and incidentals to perform all work necessary on the areas specified. All aspects of the work program shall be performed in an organized, systematic manner to assure services will be performed over the entire unit.

The period of performance will be from approximately July 15, 2015 through September 18, 2015.

Specific clearances would be required to work outside of this time period. Work would be available to begin in CY 2015. The Contractor will be directed to work anytime between 0700-2100 Monday through Sunday. Exceptions to this work time will be made as deemed appropriate by the CO and/or COR and may depend on seasonal recreational use of the site including such things as wildlife use patterns or fire restrictions. The schedule of work units is arranged so as to minimize the impact to wildlife species, recreational residences and may not be changed without prior approval of the CO or COR. This schedule will be influenced by the actual rate of work progress. If the contractor proposes to work in months other than those stated, they may be allowed to do so, pending acceptable site conditions and regulatory restrictions. Final Inspection will be on business days only (Monday- Friday). Once contractor is near completed with the project, they must call the COR and inform them they are close to being done to ensure COR can go out to the site for final inspection.

LOCATION AND DESCRIPTION

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The project is located approximately 12 miles Northeast of Malta, Idaho on the Sublett Division of the Minidoka District of the Sawtooth National Forest. The area can be accessed by exiting off Interstate I- 84 going south off Sublett Road to Forest Service Road 565. The proposed treatment area includes portions of the following: T11S R30E Section 19, 20, 29 and 30.

Access. Refer to Maps provided in Exhibit 1.

CONTRACTOR WORK REQUIREMENTS AND STANDARDS

General

Road Access. The Contractor may access the units from forest roads indicated on project maps. Some units may require the Contractor to walk; access is to the access point noted on project map. After initial clearing of the access roads by the Government, the Contractor shall clear any subsequent falling of trees that block roads needed to access units.

Walk-in areas. All units are accessible by pickup truck or by established roads. No highway vehicles will be allowed to drive within a treatment area off of an established road. Pickup trucks, etc., must stay on an established road at all times. ATV’S may be accepted off road to transport fuel and power saws. The Contracting Officer Representative will either approve or disapprove the use of ATV’S.

Contractor may need 4X4 Vehicle to access project area.

Sublett Division- Unit Sublett Guard 1 &2, Ward Canyon 2 (133 acres) – Unit boundaries are marked with pink flagging and lime green flagging around goshawk boundaries approximately at eye-level. Remove all conifers <12.0” d.b.h. (dead or alive) from within aspen stands and up to ½ site tree height. There should be at least 20 mature aspen trees per acre to successfully restock the stand, if fewer there won’t be enough roots to restock the stand. Remove subalpine fir and Douglas-fir <7.9” d.b.h. (dead or alive) from with non-aspen stand concentrations while leaving approximately 100 trees/acre (21’X 21’ spacing) to provide adequate stocking levels. Understory trees <7.9” d.b.h. to be favored for retention are: 1. Trees with 0-3 mistletoe rating, 2. Single stem trees, 3. Good formed trees, 4. Trees outside the drip line of overstory trees 5. Douglas-fir over subalpine fir. Conifer trees greater than 7.9” will not be cut outside aspen clones.

Piling specifications are as follows: vertical arrangement, avoid piling in high visibility areas, materials in piles must be no greater than 8 inches diameter and 6 foot in length (10” trees will be limbed, material piled and the boles will be left on the ground for Coarse Woody Debris (CWD), need to be 200 feet away from structures, create piles no larger than 8 foot in diameter and 6 foot in height. Piles should be no less than 15 feet away from one another where practical. Place piles no less than 15 feet away from green trees, cover piles at 2/3 depth with approved cover material. Piles need to be 50 ft.

away from North Fork of Sublett Creek. The contractor shall furnish approved material to cover piles.

Cut trees shall be secured so they do not roll downhill and shall not be hung up on other trees or vegetation. Snags greater than 10” DBH and over 30 feet tall will be left for wildlife trees as defined in the Sawtooth National Land and Management Plan.

Need to leave 2-5 snags per acre as defined in the Sawtooth National Land and Management Plan.

All open roads within or adjacent to the unit shall be kept free of slash at all times.

The following improvements and developments shall be free from slash created by the tasks in this contract:

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1) The area adjacent to cut and fill slopes, and ditches for a distance of 5 feet measured from the upper cut slope and the lower shoulder of the road. Material shall be less than 6 feet in length to prevent barriers along roads.

2) Culverts for a distance of 5 feet.

3) Improvements such as unit boundaries, roads, telephone lines, established trails, stock driveways, fence lines, established land corners.

4) Stream courses as required in Resource Protection.

Resource Protection. The Contractor shall exercise extreme care to prevent damage to existing facilities, developments and resources in all aspects of the contract work.

Existing Facilities. Throughout the operations, the Contractor shall take extreme care to prevent damage to facilities including roads, erosion dips, barriers and drainage, developments and streams and other identified resources. Improvements damaged shall be replaced or repaired at no cost to the Government.

Stream courses. The Contractor shall minimize damage to stream courses. Stream courses identified on project maps shall be free of thinning slash for a distance of 15 feet on either side of the stream course. Trees shall be directionally felled away from the stream course.

Soil Erosion. The Contractor shall take precautions to prevent gullying of roads within and adjacent to the contract area, and protect vegetative cover, soil, and water resources.

EQUIPTMENT

Any chainsaw that will accomplish the desired results, capable of meeting the work standards and not violating any resource protection standard.

Equipment shall be furnished on a fully-operated basis and in good operating condition, with a competent, qualified operator. The contractor shall provide operators that have sufficient skill and experience to perform properly the work assigned to them. Any operator who, and in the opinion of the Contracting Officer, does not perform their work in a proper and skillful manner shall be removed immediately by the Contractor upon written request of the Contracting Officer.

All equipment must be pressure washed prior to entering the project area due to noxious weed implications.

Quality Control. The Contractor shall prepare a Quality Control Plan. The Contractor shall inspect the work in accordance with the accepted Quality Control Plan.

Work Plan and schedule. The Contractor shall prepare a work plan and schedule that demonstrates that work will be completed within the performance period. The Contractor shall provide a general plan with the technical proposal. A supplementary plan and schedules will be provided after contract award, but 15 days before start work.

The Contractor shall advise the Contracting Officer or COR of any periods that the Contractor will not be working that is not specified in the accepted Work Plan.

The Contractor may update the work plan when work is in progress and the Contracting Officer may accept the updated work plan.

Camping and Worksite Conditions. The Contractor shall prepare a Camping and/or Worksite Plan and operate in a manner that will protect the environmental resources and the public facilities.

Communications. The Contractor shall keep the Contracting Officer advised as to where the Contractor or Contractor's representative may be reached by phone during periods of work suspension and periods of time without work. Further, the Contractor shall maintain contact with the Contracting Officer during periods of work suspension or periods of time without work.

On-site Representative or Foreman/Forewoman. The Contractor’s on-site representative shall be fully conversant and literate in the English language and shall be in the work area whenever work is in progress.

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STANDARDS

(Non-mandatory use) Forest Service Handbook, R4 Supplement 2409.17-99-1 (effective 4/12/99), Chapter 6 - Timber Stand Improvement available at http://www.fs.fed.us/im/directives/field/r4/fsh/2409.17/2409.17_6-6.17.rtf http://www.fs.fed.us/im/directives/field/r4/fsh/2409.17/2409.17_6.2-6.4.rtf This reference is not mandatory but provides additional information that may be useful to potential offerors in preparation of his/her proposal.

OSHA’s Field Sanitation Standard Fact Sheet No. OSHA 92-25 is available at http://www.oshaslc.gov/pls/oshaweb/owadisp.show_document?p_table=FACT_SHEETS&p_id=137

PERFORMANCE SUMMARY: The following describes the major items in the contract with the incentives and deductions for the work described.

Work Statement

Performance Standard

Government Method of Assessment

Incentive/ Deduction

Tree Thinning

Quality meets or exceeds performance standard of 90% when considering Satisfactory selected leave trees, and Category A and Category B deficiencies as described in the Inspection Procedure.

AND The number of Category C deficiencies does not exceed the maximum

COR or inspector conduct periodic monitoring of operations and random plots consistent with Thinning Inspection Method

• The Contractor’s quality will be reflected in the performance assessment either as positive or negative incentive.

• If Contractor achieves 90% or greater quality AND Category C deficiencies are below the maximum allowable, the Contractor will receive unit price as incentive.

• If Contractor exceeds the maximum allowance for Category C deficiencies, the Contractor is required to rework prior to payment for other thinning work.

• If Contractor does not achieve at least 90% quality, deductions and adverse performance assessment.

Slash Treatment Meets slash treatment requirements.

COR or inspector conduct periodic monitoring

• Rework is required if Contractor fails to meet standard.

Quality Control

Contractor maintains good quality control on all aspects of operation Actions not consistent with contract specifications are corrected as per the Quality Control Plan.

COR or inspector randomly sample and observe operations.

• The quality of Quality Control provided by the Contractor will be reflected in the performance assessment as either positive or negative incentive.

• If the Contractor fails to meet standards, work may be suspended or put in Default for failure to take corrective action immediately. Result in adverse performance assessment.

Contractor’s plot inspections are +/-5% of Government’s quality.

Inspection completed to meet timeframes.

Inspection forms are complete and accurate.

COR or inspector randomly observe Contractor inspection. Review Contractor inspection sheets.

• The ability of the Contractor to meet the standard will be reflected in the performance assessment as either positive or negative incentive.

• When Contractor’s plot inspections meet standards, no deduction.

• If quality does not meet standard, pay deduction and/or additional costs to the Government will be assessed

Work Plan and Schedule

Work meets schedule as per the accepted work plan.

COR and inspector conduct periodic monitoring.

• The Contractor’s ability to maintain the work schedule and complete work on schedule will be reflected in the performance assessment as either positive or negative incentive.

• Work not completed on schedule is subject to Default and may result in assessment of actual costs.

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CONTRACTOR QUALITY CONTROL PLAN

Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within 20 days of contract award based on items awarded to the Contractor and Government comments.

The general Quality Control plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It shall specify how quality will be monitored to assure the performance standards are met; the supervision of crew and work; and the personnel that will be performing the quality control. Quality control includes the monitoring of quality while work is in progress and an unbiased sample of thinning and other work to determine actual quality percentage. All Contractor inspection records shall be provided to the Government based on the schedule proposed by the Contractor and agreed to by the Contracting Officer for quality assurance assessment consistent with the Government Quality Assurance Surveillance Plan. The person who conducted the Contractor’s inspection shall sign and date each sheet and certify that the inspection records are complete and accurate.

The following calculation will be used to determine Tree Thinning Quality:

Quality = 1- Improper Cut or selected trees “Cat A” + Excess Trees “Cat B” X 100 Percent Satisfactory Trees left (S1, S2) up to maximum + Non-stocked spots (S3, S4)

All computations will be carried to at least thousandths (.000) and the final percentage of thinning quality as calculated above will be rounded to the nearest whole percent.

Trees in excess to the maximum number of acceptable trees will be considered unsatisfactorily selected trees (Category B). Thinning quality will reflect the deductions for improperly selected or cut trees and improper treatment.

The equation specified on the inspection form for Release will be used to determine quality for release and other work. Slash Treatment quality must reflect full compliance with requirements.

Acceptance. The Contractor’s Quality Control inspections for thinning will be considered acceptable when they are within 5 percent of the Government quality assurance results.

The Contractor’s quality control will be deemed unacceptable when the Contractor fails to meet the specifications within 5 -percent of the Government’s quality assurance results at the completion of a unit. When the Contractor’s quality control is unacceptable, payment for the unit will be based on the results of the Government’s quality assurance.

If the Government’s results are objectionable to the Contractor, the Contractor may request a re-examination in writing, within 5 calendar days after receipt of the Government’s quality assurance results. The request shall include documentation that supports that the probability of an error exists.

The Government’s re-examination will consist of a 2-percent sample utilizing the same inspection method as the original examination. If the results of the re-examination are within 5-percent of the Contractor’s submitted quality control results, the Contractor’s results will be considered acceptable and used for pay. If results of the re-examination exceed 5-percent of the Contractor’s submitted quality control results, the Government’s re-examination will be used for the basis of pay and the Contractor will be assessed the costs incurred by the Government that are directly related to the performance of such service.

DELIVERIES

Contract Performance Time and Required Rate of Progress The Contractor shall maintain progress at a rate that will assure completion within the performance period. The minimum acceptable rate of progress will be calculated by dividing the total units of work

AG-0261-S-15-0062 Sublett Fuels & Vegetation Project 2015 Page 17 of 76 for each item by performance time specified.

Contract Time. (See Period of Performance definition). The Contractor shall start work promptly after receipt of a Notice to Proceed. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time will generally not exceed a required rate of progress exceeding that determined from the accepted work plan.

Item Estimated Beginning Date Acres Estimated Contract Time (days)

1 July 15, 2015 Units: Sublett Guard 1&2, Ward Canyon 2 133 66

End: September 18, 2015

Total = 66 days

The Government will issue A Notice to Proceed as soon as weather and ground conditions are favorable for work on one or more of the areas. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; or (2) on the third-day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) when thinning and/or other work commences, whichever is sooner. Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

Unfavorable Conditions. (If applicable) It is estimated that adverse weather and/or road conditions may prevent access to the work sites or performance to specification during the period November 1 to March 1. When such conditions make work impracticable, or if wind or other conditions create extreme conditions that are unsafe for contract work, and with written request by the Contractor, the Contracting Officer may suspend work with no charge against contract time. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm that order in writing. The count of contract time will resume on the day indicated by the Contracting Officer. If the Contractor cannot be reached at the phone number provided or the Contractor fails to contact the Contracting Officer a written Resume Work Order will be mailed and count of contract time will resume on the date specified in the order.

SUPERINTENDENCE BY THE CONTRACTOR

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

ACCEPTANCE AND REWORK

Tree thinning When the Contractor’s inspection results are below the performance standard of 90 percent quality based on the Contractor’s quality control inspection and verified by the Government monitoring, and Category B deficiencies (excess trees) contribute to the low quality, acceptance and payment will not be made until the deficiency has been corrected unless the Contracting Officer determines excess tree deficiency to be minor or an isolated situation that will not result in any material differences in the total number of trees to be left. When the total number of Category C deficiencies exceeds 5 percent of maximum stocking density, based on the Contractor’s quality control inspection and verified by the Government monitoring, acceptance and payment will not be made until the deficiency has been corrected unless the Contracting Officer determines the deficiencies to be minor in nature.

Slash Treatment. Acceptance will be determined based on the Contractor’s quality control inspection and verified by the Government monitoring and will be based on adherence to the specifications stated in the contract. Noncompliance with any of the specifications will classify the treatment as

AG-0261-S-15-0062 Sublett Fuels & Vegetation Project 2015 Page 18 of 76 unsatisfactory and rework will be required to bring the treatment up to specification standards.

Acceptance. Acceptance will be determined based on compliance with the contract specifications.

Noncompliance will result in non-acceptance of the work. If the Contractor’s work is determined to be unacceptable, the Government may initiate any remedies described in FAR 52.212-4(a) Inspection of Services. If the initial work is unacceptable to the Government, the Contractor may re-work the area if deficiencies can be corrected. The Government will assess the re-work after receiving the Contractor’s inspection records which reflect that all work meets specification standards. The Government will assess the Contractor the actual costs of conducting the additional quality assurance after rework. The Contractor may be assessed actual damages which may include but is not limited to: wages of the COR and Government inspector(s), costs of vehicles, meals and lodging that are incurred during the additional quality assurance.

CONTRACT ADMINISTRATION DATA

MEASUREMENT

The area to be treated is stated in the Schedule of Items. All linear and area measurements under this contract are measured on a horizontal plane within the established boundaries. The cutting unit number will be painted with a number 1 on approximately every 5th boundary tree and leave trees are marked with orange paint at Eye Level or slightly higher, please refer…