AG-0355-S-14-00017_Full_Solicitation.pdf

AG-0355-S-14-0017

Horseman Flats Hazardous Fuels Mastication Project Custer National Forest – Beartooth Ranger District

SECTION B - Supplies or Services and Prices/Costs Schedule of Items SECTION C - Description/Specifications/Statement of Work SECTION D - Packaging and Marking SECTION E - Inspection and Acceptance 52.246-1 Contractor Inspection Requirements. (APR 1984) 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996) SECTION F - Deliveries or Performance 52.242-15 Stop-Work Order. (AUG 1989) 452.211-74 Period of Performance. (FEB 1988) SECTION G - Contract Administration Data 452.215-73 Postaward Conference. (NOV 1996) SECTION H - Special Contract Requirements SECTION I - Contract Clauses 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989) SECTION J - List of Documents, Exhibits, and Other Attachments SECTION K - Representations, Certifications, and Other Statements of Offerors SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents 52.215-5 Facsimile Proposals. (OCT 1997) 52.216-1 Type of Contract. (APR 1984) 52.237-1 Site Visit. (APR 1984) 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 452.204-70 Inquiries. (FEB 1988) 452.237-71 Pre-Bid/Pre-Proposal Conference. (FEB 1988) SECTION M - Evaluation Factors for Award

Horseman Flats

Hazardous Fuels Mastication Project

Beartooth Ranger District

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

Schedule of Items

B.1 Mechanical machines: Mastication

Item No. Description Method of

Measurement

Pay Unit Quantity Unit Price Total Price

B1.1 Unit B AQ Acres 42 $

B1.2 Unit D AQ Acres 57 $

Total Acres 99

TOTAL PRICE FOR ITEM B.1 $_____________

B.2 Mechanical machines: Mastication

Note: See Section C for details about Method of Measurement

Item No. Description Method of

Measurement

Pay Unit Quantity Unit Price Total Price

B2.1 Unit J LS ~47 Acres 1 XXXXX $

B2.2 Unit L LS ~35 Acres 1 XXXXX $

~82 Total

Acres

TOTAL PRICE FOR ITEM B.2 $_____________

TOTAL PRICE B.1 + B.2 = $______________________

ABBREVIATIONS USED IN SCHEDULE:

*AQ = Actual Quantity

*LS = Lump Sum

SPECIAL NOTES:

a) Quoter must quote on all items. Round to the nearest cent.

b) In the event of an error in extending pricess, unit prices will govern unless otherwise determined by the

Contracting Officer in accordance with applicable regulations.

c) Offers for quantities less than those listed in the numbered items may be rejected.

This is a Request for Quotation (RFQ) being advertised as a Commercial Item requirement under FAR 13.5 Test

Program for Certain Commercial Items and therefore, no public opening will be held. The results will not be made public prior to award. Quotes submitted in response to this RFQ will not be returned, but will be retained by the U.S.

Forest Service for official record purposes. The RFQ does not commit the Government to pay any costs incurred in the preparation or the submission of this quote, or to make any award.

SECTION C - Description/Specifications/Statement of Work

C.1 SCOPE OF CONTRACT

The solicitation is for a hazard fuels reduction project on the Beartooth Ranger District of the Custer National Forest.

The 2014 Horseman Flats Hazardous Fuels Mastication Project is a continuation of the ranger district’s hazard fuels program. The Horseman Flats units are located west of Nye, Montana and northwest of the Stillwater Mine Complex.

The purpose of this project is to provide wildfire management more suppression options to reduce the possibility of future wildfires from spreading beyond National Forest System lands. This project is intended to reduce hazardous fuel loading, thin mixed coniferous stands, and provide long-term effectiveness of fuels treatments by reducing fire intensities.

This is a mechanical (tracked excavator) mastication project. Conifer stands will be thinned and generated chips will be left on site to either be broadcast burned or naturally decompose.

C.2 PROJECT LOCATION & DESCRIPTION

The project is located on the Beartooth Ranger District on the Custer National Forest. Horseman Flats units are located near Nye, MT: T5S, R15E, portions of sections 8,9,15,16, 21 and FS Road 2848.

See exhibits for general area and project area maps.

General Specifications for all Bid Items

*The contractor shall utilize ingress and egress routes to the treatment units that limit unnecessary travel that contributes to soil disturbance or compaction. Herring bone style travel routes are encouraged to limit unnecessary overland travel with tracked equipment. Travel routes we be coordinated between the contractor and the government to reduce potential impacts.

*At the determination of the government, wet ground conditions could suspend mechanical operations to prevent undesired soil impacts.

*No standing, living hardwoods or hardwood snags will be cut unless they pose a safety hazard or are necessary to cut to establish unit access routes.

*Select against conifer trees showing signs of dwarf mistletoe infection, spruce budworm damage, rust, pine beetle attack, or form defects when determining cut trees and reserve trees while selectively thinning. The government can assist training any necessary contractor employees to correctly identify signs of these infections or insect attacks.

*For any cut trees, stumps shall be masticated as close to ground level as possible and attached live limbs will be removed to reduce continued tree growth. Rocky ground surface conditions may limit residual stump heights and removal of lower live limbs by machine.

* Boundary trees marked with orange paint will not be cut.

*Meet mitigation requirements listed below.

Mitigation Requirements

Mitigation measures are required for all bid items. Mitigation measures are intended to lessen impacts to resources and/or help achieve desired conditions.

Specifically:

No fuel reduction activities will be allowed on any “Red Flag Warning” fire weather day. The contractor shall have the following serviceable equipment on site during any period of fuel reduction operations:

1) A 200 gallon water tank and adequate fire pump.

2) 500 feet of hose and necessary fittings for water application.

3) Hand tools (Pulaski, shovel, combination tool, etc.) for each employee.

4) A full, five gallon water backpack pump for each vehicle.

A few large logs will be required to be left on site (greater than 10 inches diameter and at least 20 feet in length, 2-4 per acre). Smaller logs may suffice if logs greater than 10 inches diameter are not available.

No stream management zones (SMZ’s) have been identified in the treatment areas. If any are discovered, the contractor will coordinate with the government to meet necessary protection guidelines.

All equipment will be washed prior to moving into the project area to prevent the spread of noxious weeds.

The contractor is required to provide and post signs on roadways to advise the public to use caution near work sites. These signs must be of road signage quality and visibility.

Protect all infrastructure: fences, signs, surveyed boundaries, monument trees, water tanks, powerlines, cattle guards, culverts, etc.

Any contractor activity related damage to NFS roads will be repaired at the contractor’s expense.

Special seasonal restrictions may be needed if any active raptor bird nests are discovered in the project area.

To prevent grizzly bear or black bear incidents, all attractants (food, garbage, etc.) will be stored in compliance with the Custer National Forest food storage order. Also, any incident involving a grizzly bear or black bear will be reported to the Forest Service representative within 24 hours.

Archeological sites and other sensitive areas do exist and will be addressed and protected. Specific sites will be marked by the government as work activities warrant.

The contractor shall minimize disturbance to bighorn sheep herds by avoiding any unnecessary interactions and giving sheep time to move out of any areas of operation.

All activities will make every effort to minimize soil disturbance.

The contractor shall furnish all labor, equipment, supervision, transportation, supplies and incidentals to perform all work necessary on the specified areas. All aspects of the work program shall be performed in an organized, systematic manner to assure services will be performed over the entire unit.

Bid Items

B1. Mechanical machines (masticator): selective thinning. Total acreage for bid item is 99 acres. No treatment for this bid item will occur between April 1 st and May 15 th to protect wintering mule deer.

Units B and D

Level of difficulty: Site is accessible or walk-in of less than ½ mile is required. Slopes average 20% or less. Tree diameters range from 1 to 11 inches dbh (diameter breast height) with some isolated larger individuals. Results from three stocking plots were 240, 320, and 340 trees per acre above 4.5 feet in height. Please note: actual tree stocking may be much higher or lower than these sample plots and these numbers only represent what was tallied at three sites within the units. Areas of both units contain light to moderate levels of downfall slash.

1) Masticate cut all unmarked, standing conifers. Reserve trees are marked in blue and shall not be cut. An average of

2 trees per acre for Unit B and 6 trees per acre for Unit D have been marked as reserve trees although actual marked trees per acre could range much higher or lower than this. Trees greater than 2 feet in height shall be treated.

2) Existing downfall will be masticated below 2 feet in height and meet chipped fuel particle size requirements.

3) Chipped fuels particle sizes shall be less than 4 feet in length with the majority of chipped fuels averaging 2 feet or less.

4) Masticated fuel bed depths shall not average greater than 4 inches.

5) Chipped fuels will be directed away from reserve trees as much as possible to avoid chip accumulations at the base of these trees. This is desired to limit fire intensity and subsequent mortality of reserve trees during broadcast burning.

B2. Mechanical machines (boom-mounted tracked masticator): selective thinning. The units in this bid item compose two treatment units totaling 146 acres. However, due to the limitations of slope, diameter of trees (too large), and rocky terrain, equipment access will be limited to portions of each unit. The total identified possible treatment area for both units within B2 is approximately 82 acres. The treatable acres for Unit J; 47 acres & Unit L; 35 acres are government estimates only, based on slope and inoperable ground due to rocky terrain and size of trees. Ability/capability of operator and machine will determine the amount of actual acres completed on the ground for each individual unit and payment. Unit J as marked on the ground and presented in the contract maps equals 78 acres, but treated area within the boundaries of this unit is approximately 47 acres. Unit L as marked on the ground and presented in the contract maps equals 68 acres, but treated area within the boundaries of this unit is approximately 35 acres. Again, treatable acreage total for this bid item is approximately 82 acres and acreage approximations are offered for purposes of bid calculation.

Work for this bid item will be on a lump sum (LS) basis and actual treatment for each of these units may vary, therefore it is imperative the Contractor see for him/herself the work estimated on a LS basis for Units J & L. For work to be considered 100% complete for this bid item (Item B2), the treated acres in each unit will meet the specifications listed below (items 1-12). The Forest Service will perform a quality assurance assessment and determine whether or not each unit meets the 100% completion standard. Measurement for percent completion of Units J & L will be based upon government GPS mapping of completed acreage If the units do not meet the 100% completion standard, an actual percentage completion of the bid item will be assessed using the J = 47 acres and L = 35 acres as a basis for 100%. The contractor shall be compensated that percentage complete of the contractor’s lump sum price of each bid item (B2.1 &

B2.2).

Prior to being given a notice to proceed, the Contractor and Government shall have complete mutual understanding documented as to exactly what the approximately 82 acres of Units J&L are comprised of and how to meet the 100% completion standard.

No treatment for this bid item will occur between June 15th and October 1 st due to potential fire hazard.

Units J and L

Level of difficulty: Site is accessible or walk-in of a ½ mile or less is required. Slopes range up to 40%. Tree diameters range from 1 to 14 inches dbh (diameter breast height) with some isolated larger individuals. Rocky areas of the units may preclude mechanical treatment. Areas of both units contain light to moderate levels of downfall slash.

1) Through mechanical mastication, thin conifers from below to achieve an average 20 foot crown spacing as measured from the outside drip line of reserve tree crowns (generally, 30-40 feet spacing between tree boles for trees greater 5 inches dbh and 25-35 feet spacing between tree boles where trees are predominately less than 5 inches dbh). All conifers greater than 12 inches dbh will be retained and utilized in determining reserve tree spacing. Selection criteria for conifers less than 12 inches dbh will favor the largest and most vigorous trees for retention as spacing allows.

Leaning trees will be treated. Trees greater than 2 feet in height shall be treated. The order of preference for reserve trees by species is: Ponderosa pine, Limber pine, Douglas fir, Engelmann spruce, Subalpine fir, and Lodgepole pine.

2) For any areas treated immediately adjacent to Stillwater Mining Company infrastructure, portal landings, or work sites, a 100 foot feathered treatment buffer will be retained. Prior to cutting these buffers, the contractor will coordinate with the contract officer representative (COR) before implementing.

3) Existing downfall will be masticated below 2 feet in height and meet chipped fuel particle size requirements.

4) Chipped fuels particle sizes shall be less than 4 feet in length with the majority of chipped fuels averaging 2 feet or less.

5) Masticated fuel bed depths shall not average greater than 4 inches.

6) Chipped fuels will be directed away from reserve trees as much as possible to avoid chip accumulations at the base of these trees.

7) Three to four snags equal to or greater than 12 inches dbh per acre will be retained unless determined to be a safety hazard. Any dead trees beyond this basic retention requirement shall be felled. All snags within 75 feet of a road will be treated.

8) Hazards to equipment such as abandoned cables, pipes, and mining equipment exist in Unit L. The contractor will be responsible for checking all areas of operation to prevent equipment damage.

9) Any contractor employees who will work in unit L will be required to take the MSHA (Mine Safety and Health

Administration) Safety Training. This 24 hour training will be available for free from the Stillwater Mining Company.

After contract award, scheduling for this training will be coordinated through the Forest Service Contracting Officer representative. Completion of this training prior to award is not a requirement of the solicitation, but shall be required prior to any notice to proceed.

10) Any personal protective equipment (including but not limited to: steel-toed boots, helmet, eye glasses, and reflective vest), machinery safety equipment (back-up alarm), or machinery operational safety procedures (daily walk-around) necessary to meet MSHA safety requirements will be required by the contractor while working inside the Stillwater

Mining Company permit area (unit L).

11) While working in unit L, the contractor will coordinate daily with Stillwater Mining Company regarding all on-going operations. This coordination can be completed by calling or stopping in person by the SMC entrance guard station.

Information needed by SMC will include particular area of contractor operations and any safety hazards to SMC personnel.

12) While working in unit L, the contractor will carry and monitor (to the best of his/her ability) a Stillwater Mining

Company radio. This is necessary in case any emergency would develop inside the SMC permit area requiring evacuation.

SECTION D - Packaging and Marking

For this solicitation there are no clauses in this section.

SECTION E - Inspection and Acceptance

52.246-1 Contractor Inspection Requirements. (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

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

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the

Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

SECTION F - Deliveries or Performance

52.242-15 Stop-Work Order. (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the

Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the

Contracting Officer shall either -

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for

Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting

Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the

Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from 1 October 2014 through 15 November 2015. See Section C for specific restrictions on dates work may be performed in each unit.

SECTION G - Contract Administration Data

452.215-73 Postaward Conference. (NOV 1996)

A post award conference (“PREWORK”) with the successful offeror is required. It will be scheduled at a date, time and location to be determined.

SECTION H - Special Contract Requirements

SAFETY PLAN

(a) Will be required and submitted for review by the CO prior to commencement of work.

CAMPING

(a) Before camping, the Contractor shall obtain a District Camping Permit, if required, from the Beartooth

Ranger District through the Contracting Officer/Contracting Officer's Representative.

(b) A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(c) Contractor is to bring a proposed campsite location to the prework for review and approval and prior to camping.

(d) The Government will make no special camping allowances for the Contractor within or near the project area. Arrangements with the local private landowners will be at the discretion of the Contractor.

SECURITY AND PROTECTION

(a) Security and Protection – Security is the Contractor’s responsibility. Limit access to the construction area to persons involved in the work. Provide secure storage for materials that are stored on site. Secure completed work as required to prevent loss.

Barricades, warning signs and light shall comply with standards and code requirements for erection of structurally adequate barricades. All road warning signs, barricades, and traffic control devices shall conform to MUTCD. Paint with appropriate colors, graphics, and warning signs to inform personnel and the public of the hazard being protected against. Where appropriate and needed, provide lighting, including flashing red or amber lights.

(b) Maintenance of Traffic – The Contractor is authorized to use roads under the jurisdiction of the Forest

Service, and open to public travel, for all activities necessary to complete this contract, subject to limitations and authorizations shown on the drawings or specified under this contract when such use will not damage the roads or national forest resources and when traffic can be accommodated safely.

Before shutting down operations, take all necessary precautions to prevent damage to the project, such as temporary detours, approaches, crossings, or intersections; and provide for normal drainage and minimization of erosion. Leave all travel ways in a condition suitable for traffic.

(c) Protection of Improvements – The Contractor shall complete sequences of construction activity in order to prevent damage to equipment, material, and articles incorporated into the work covered by this contract.

AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the

Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work

(anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

LANDSCAPE PRESERVATION

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits.

Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the

Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or man-made channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

NOXIOUS WEEDS/EQUIPMENT CLEANING

Noxious weeds are any exotic plant species established or that may be introduced into the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the State's

Department of Agriculture, or by the County's weed management district, or by other appropriate agencies having jurisdiction. A weed management district is any area of land identified for the purpose of weed management or control.

Such an identified land area may be, but is not limited to one of the following: a project or job site, a County, two or more Counties, or a National Forest.

To mitigate the anticipated impacts of spreading noxious species, the following precautions shall be used:

All equipment and vehicles to be used at the job site shall be cleaned and free of noxious weeds and their seeds prior to entrance onto the project site. The restriction shall include equipment and vehicles intended for off-road as well as on-road use, whether they owned, leased, or borrowed by the contractor or any subcontractor.

Cleaning shall consist of the removal all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. Cleaning shall occur off the project site.

Equipment, materials, and vehicles shall be visually inspected by the COR, or other designated Forest Service official, and certified in writing by the Contractor to be reasonably clean and weed free. Inspections will take place at a location agreed to by the COR and Contractor in advance of delivery to the job site. Equipment and vehicles shall proceed directly to the job site following the inspection. Materials, including delivery vehicles, delivered to the project site will also be inspected prior to entering the area.

The Contractor shall protect all existing vegetation from the introduction of noxious weeds, (1) at or near the work site, and (2) on adjacent property. The Contractor shall treat any introduced noxious weeds resulting from failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to treat such weeds, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

Certification of each piece of equipment or vehicles shall remain valid for the duration of the project as long as the identified subjects remain solely on the project. Off road equipment that leaves the job site shall be recertified before being allowed to return. Individual worker's vehicles shall be parked at a staging area that will be designated by the

COR.

SECTION I - Contract Clauses

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jul 2014)

(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(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:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10

U.S.C. 2402).

_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

___ (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).

___ (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) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of

Div. C).

_X__ (8) 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).

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

___ (10) 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).

___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (12) 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).

___ (13) [Reserved]

_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20191

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (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.

___ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (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.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) (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.

___ (22) 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).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (27) 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__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X__ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (32) 52.222-35, Equal Opportunity for Veteran (Jul 2014) (38 U.S.C. 4212).

_X__ (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (34) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

_X__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (36) 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.)

___ (37) (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.)

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

___ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (44) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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, 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 (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (46) 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).

___ (47) 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).

___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (52) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (53) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (56) (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:

[Contracting Officer check as appropriate.]

___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (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) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (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 (May 2014) (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 (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-17, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 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.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) 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)).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

(xiv) 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).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 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)

52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts (Sep 2013)

[NOTE: Incorporated by reference per FAR 52.102 and 52.301]

52.246-20 Warranty of Services. (MAY 2001)

(a) Definition.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The

Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance by the Government. This notice shall state either-

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR

Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5

U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class: Wage Grade

Monetary Wage - Fringe Benefits: WG-7, $19.88/hr

452.237-70 Loss, Damage, Destruction or Repair. (FEB 1988)

(a) For equipment furnished under this contract without operator, the Government will assume liability for any loss, damage or destruction of such equipment, not to exceed a total of $[N/A] except that no reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees.

(b) For equipment furnished under this contract with operator, the Government shall not be liable for any loss, damage or destruction of such equipment, except for loss, damage or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

(c) All repairs to equipment furnished under this contract shall be made by the Contractor and reimbursement, if any, shall be determined in accordance with (a) or (b) above. Repairs shall be made promptly and equipment returned to use within 72 hours. In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified. The Contractor may authorize the Government to make repairs upon the request of the Contracting Officer. In such case, the Contractor will be billed for labor and parts costs.

SECTION J - List of Documents, Exhibits, and Other Attachments

Attachment 1 – Service Contract Act Wage Determination - WD 76-1342 (Rev.-48) – 3 pages

Attachment 2 – Experience Questionnaire – 2 pages

Attachment 3 – South Central Montana Vicinity Map – 1 page

Attachment 4 – Mastication Project Area Unit Map – 1 page

SECTION K - Representations, Certifications, and Other Statements of Offerors

52.212-3 -- Offeror Representations and Certifications -- Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications -- Commercial Items (May 2014)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award

Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the…