SolicitationForFenceRemoval.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

739971

PAGE 1 OF

2. CONTRACT NO.

3.AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER

RFQ AG-04P5-S-15-0004

6. SOLICITATION ISSUE

DATE

June 2, 2015

7. FOR SOLICITATION

INFORMATION CALL :

a. NAME Deanna Vest

Contracting Officer

b. TELEPHONE NUMBER (No collect calls)

541-883-6737

8. OFFER DUE DATE/

LOCAL TIME

6/30/2015, 4pm

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE 100 % FOR

USDA Forest Service

Fremont-Winema N. F.

Klamath Ranger District

2819 Dahia St.

Klamath Falls, OR 97601

SMALL BUSINESS WOMAN –OWNED SMALL BUSINESS (WOSB)

HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM

SERVICE DISABLE VETERAN- EDWOSB-

VETERAN-OWNED SMALL

BUSINESS 8(

NAICS Code 115310_____ Size Standard $7.5 M

238990 $15.0 M

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13A. THIS CONTRACT IS RATED

ORDER UNDER DPAS (15 CFR 700

13B. RATING

14. METHOD OF SOLICATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

Base Item – Bly Ranger District Option Items – Bly, Paisley, Silver Lake, and Lakeview Ranger Districts

See Block 9

17a. CONTRACTOR/ OFFERER

TELEPHONE NO. DUNS #____________________

FAX NO. TIN #_____________________

E-Mail Address: ________________________

18a. PAYMENT WILL BE MADE BY

IPP.gov

Must be registered in the IPP system

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Genetic Site Maintenance and Fence Removal, Bly Ranger District, and Optional Items at Districts listed on the Schedule of Items, Fremont-Winema

National Forest

Insert your prices on page 2.

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

COPY TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN

29. AWARD OF CONTRACT: REFERENCE RFQ AG-05G1-S-12-00XX

OFFER DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET

FORTH HEREIN , IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (Rev. 2/2012) Prescribed by GSA-FAR (48CFR 53.212

SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ITEM NO.

BASE

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

Bly Ranger District

1. Spodue EP 17 ac

GRAND TOTAL ITEM 1 $____________

Option items Bly Ranger District

1.1 Quartz EP 15 ac $_________

1.2 Longdraw EP 16 ac $_________

1.3 John Springs 14 ac $_________

1.4 Fry EP 31 ac $_________

Total Bly Option Items $____________

Option items Paisley Ranger District

1.6 Kingry SO 7 ac $_________

1.7 Spring Creek SO 15 ac $_________

1.8 Crazy and Psycho S0 45 ac $_________

Total Paisley Option Items

Option item Silver Lake Ranger District

1.9 Green Gate EP 18 ac $_________

1.10 Left Short EP 17 ac $_________

1.11 Northpole EP 9 ac $_________

1.12 Bear Wallow EP 11 ac $_________

1.13 Jungle Springs EP 14 ac $_________

1.14 Pumice EP 16 ac $_________

1.15 Upper Dry Creek 16 ac $_________

1.16 Skipper EP 20 ac $_________

1.17 T Springs 15 ac $_________

Total Silver Lake Option Items $____________

Option item Paisley Ranger District

2.0 Rhyme EP

16 ac $_________

2.1 Reason EP 15 ac $_________

2.2 Coffee EP 17 ac $_________

Total Paisley Option Items $____________

Fence Removal and Maint. of Genetic Sites AG-04P5-S-15-

Option item Lakeview Ranger District

3.0 Snyder EP 11 ac $_________

Total Lakeview Option Items $___________

GRAND TOTAL ALL ITEMS $___________

NEW --- Invoice Processing Platform

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. 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.

Quotes may be mailed or hand delivered to: Fremont-Winema National Forest

Klamath Ranger District

2819 Dahlia St.

Klamath Falls, OR 97601

Quotes may be emailed to: dvest@fs.fed.us. Please send price quote in a separate document from the technical proposal.

Quotes may be faxed to: 541-885-3452.

It is the vendor’s responsibility to ensure delivery of their quote, please email dvest@fs.fed.us or dvelazquez@fs.fed.us.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm mailto:dvest@fs.fed.us mailto:dvest@fs.fed.us mailto:dvelazquez@fs.fed.us

CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY 2015) –

INCORPORATED BY REFERENCE

Block 27 of SF1449: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far.

ADDENDUM TO FAR 52.212-4

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-18 Variation of Estimated Quantity (APR 1984)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual)

52.232-11 Extras (APR 1984)

52.232-18 Availability of Funds (APR 1984)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-14 Suspension of Work Order (APR 1984)

52.244-6 Subcontracts for Commercial Items (DEC 2013)

52.245-1 Government Property (APR 2012)

Alternate I (APR 2012)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archaeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

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

452.237-75 Restrictions against Disclosure (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

FOREST SERVICE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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

4G52.222-706 Privacy Basics Course Mandatory for Certain Contracts (FEB 2007)

NEW --- Invoice Processing Platform NOTE: The paragraph below replaces the paper invoice copies requirement referenced on FAR 52.212-4

(g) invoices.

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. 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.

FAR 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEVIATION) (AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the

Prompt Payment Act.

AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Performance Statement of Work, Investigation plan and Quality

Assurance Surveillance Plan referenced in the attachments.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from the effective date of the Notice to Proceed through

September 30, 2017.

AGAR 452.211-75 EFFECTIVE PERIOD OF CONTRACT (FEB 1988)

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

The effective period of this contract is from July 20, 2015 through September 30, 2017.

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than _5 days for base item 1.

The time stated for completion shall include final cleanup of the premises.

PERIOD OF CONTRACT

Contract time will start on the effective date of the Notice to Proceed. Work shall begin no later than 10 calendar days after the effective date of the Notice to Proceed. The Contractor shall maintain progress at a rate which will assure completion within the contract time indicated below. The suggested rate of progress was calculated by dividing the total units of work for each

Bid Item by the normal number of work days (5 day week) during the normal operating season.

Contractor must take into consideration possible shutdowns for IFPL Fire levels. Also the

Contractor agrees as a minimum to interrupt or delay operations under this contract, in whole or part, upon the written request of the contracting officer for the following:

(a) To prevent serious environmental degradation or resource damage.

(b) Weather predictions or conditions indicate a hazardous condition warranting curtailment of operations.

(c) When mitigation measures for wildlife are required per Fremont National

Forest Land Management Plan. These may include as a minimum: Mule Deer, Rocky Mountain Elk, Bald Eagle, Golden Eagle, Peregrine Falcon, and Osprey.

(d) Fawning Season: May 1 to June 30th of each year. This does not effect item 1.

There will be no stoppage of contract time regarding shutdowns such as those listed above.

Contractor shall adhere to contract completion dates.

ITEM NO. ACRES ESTIMATED

START WORK

DATE

CONTRACT

TIME (Completion

Date)

Minimum Rate

Of Progress *

Base item 1 17 7/20/2015 5 days 5 acres per day

All Option items

5 acres per day

ORDERING

After initial award, exercise of additional optional items to be furnished under this contract will be by a modification. Such orders may be issued from July 20, 2015 through July 1, 2016.

Exercise of optional items beyond July 1, 2016 will be subject to mutual agreement of the parties as to acres treated prior to contract completion date. The completion date will not be extended by the number of calendar days of suspension resulting from Suspension of Work orders due to weather conditions prohibit satisfactory work. (e.g. snow too deep ). Roads are muddy so that access to work areas causes excessive damage to roads. Weather conditions indicate hazardous fire condition warranting curtailment of operations and Seasonal Restrictions for Wildlife.

PERIOD OF PERFORMANCE

The period of performance for this task order is from the date of award through September 30, 2017.

NOTICE TO PROCEED

A Notice to Proceed will be issued in writing by the Contracting Officer. No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Notice to

Proceed.

SCHEDULES FOR SERVICE CONTRACTS

Contractor shall, at the pre-work meeting or within 10 days from receipt of any subsequent request from the Contracting Officer, submit a time chart or schedule of proposed progress to insure completion of the work within the time set forth in the contract. If Contractor's progress falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

SUPPLEMENT TO SUSPENSION OF WORK

Whenever the Contracting Officer determines that the temperature, humidity, soil moisture, plant moisture stress, winds, or combination of these and other physical conditions have become unsuitable for project to continue in any area, the Contractor shall move the work force to another area(s) prescribed by the Contracting Officer. When no other area is available, the

Contracting Officer will issue a suspend work order for the bid item and contract time will stop for that item. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm the resumption in writing. Contract time will resume on the effective work resumption date. In all cases, the Contractor shall resume work within 3 calendar days after the effective work resumption date. It is the Contractor's responsibility to keep the

Contracting Officer currently advised as to where the Contractor or the Contractor's

Representative may be reached by telephone during periods of work suspension. If the

Contractor cannot be reached at the telephone number provided, or if the Contractor fails to leave a number, a written resume work order will be mailed and contract time will resume on the date specified on the resume work order.

SCHEDULES FOR SERVICE CONTRACTS

Contractor shall, at the pre-work meeting or within 10 days from receipt of any subsequent request from the Contracting Officer, submit a time chart or schedule of proposed progress to insure completion of the work within the time set forth in the contract. If Contractor's progress falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

REQUIRED SUBMITTALS

The following is a general summary of the required submittals. Other submittals may be required as specified elsewhere in this contract.

Submittal Title Submittal Date

Schedule of Work Two days (or sooner) after the prework and before starting work

Safety Plan (including safety training) Prior to Work Starting

List of all Personal Protective

Equipment

Prior to Work Starting

Quality Control Plan Prior to Work Starting

Copy of Required Insurance Coverage Prior to Work Starting

Notification of Subcontracting Prior to Subcontractor Starting Work

Housing Plan (if applicable) At the Prework and before Starting Work

Camping Permit Before Camping

Fire Plan At the Prework and before starting Work

Release of Claims Form Prior to Final Payment

CONTRACTOR QUALITY CONTROL PLAN

A. Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) as part of this Technical Proposal. The Plan must demonstrate how the Contractor will assure that quality of performance meets the objectives and requirements of the contract. The QCP shall specify:

1. How quality will be monitored to assure performance standards are met.

2. How the work will be supervised.

3. How results of the monitoring will result in quality performance.

4. Identify the personnel responsible for performing quality control.

B. Contractor Quality Control Inspection. The Contractor shall assure themselves that performance meets contract specifications, in accordance with clause FAR 52.212-4, Contract

Terms and Conditions – Commercial Items, paragraph (a), Inspection/Acceptance prior to requesting the Government to inspect for payment or acceptance.

INSPECTION AND ACCEPTANCE

Quality

Control – All items

Contractor maintains quality control of all operations.

Requirements not met shall be corrected as per contractors Quality

Control Plan.

Must meet

100% compliance.

Government observations and monitoring of contractors inspection documents.

Quality Control provided by the

Contractor will be reflected in the performance evaluation, either positive or negative.

If contractor fails to meet standards work may be suspended or terminated.

Work statement

Quality Standards Acceptable

Quality

Level

Method of assessment

Incentives and deduction for meeting the standard

Work Plan and

Schedule – All items

Work meets schedule as per accepted

Quality Assurance

Plan – All items pted work.

Must meet

100% or be ahead of schedule.

Government observations and monitoring of contractors operations.

The ability of the Contractor to meet the standard will be reflected in the performance evaluation either positive or negative deduction. If quality does not meet standard, pay deduction per

Payment Incentives and Deductions and/or additional costs to the

Government will be assessed

Contractors work not meeting schedule is subject to default and may result in termination

Production –

All items

Must meet minimum production rates

As specified by contractor proposal.

Must meet

100% or ahead of schedule.

Government observations and monitoring of contractors operations.

Quality Control provided by the

Contractor will be reflected in the performance evaluation, either positive or negative.

Contractor’s work not meeting schedule is subject to default and may result in termination.

Safety and Fire

Precaution

Requirements

– All items

Must comply with

Contractor safety plan, OSHA regulations, and

IFPL regulations.

Required inspections are documented on appropriate forms.

Must fully comply.

Government observations and monitoring of contractors operations.

Safe operations and compliance with fire regulations by the Contractor will be reflected in the performance evaluation, either positive or negative.

If contractor fails to comply work may be suspended or terminated.

Documentation

- All items

All documentation including: shall be clear and legible

100% compliance

100% review by Government

Documents shall be returned to the

Contractor for rework. Failure to rework will result in no payment of treatment provided.

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN AND

ACCEPTANCE REQUIREMENTS

A. Government Quality Assurance Inspection. The Government will, at its convenience, make periodic inspections of the work to assure itself of contract compliance and to perform

Quality Assurance Inspections to determine confirm that the Contractor is performing quality control in accordance with its QCP and that Contractor monitoring results in quality performance of contract objectives.

B. Acceptance. Acceptance of the work under the contract will be made after steps in (a) above have been taken and the Contracting Officer has made the determination of satisfactory compliance with the specifications

C. Rework and Reinspection after Rework. When inspections indicates that the performance objectives were not met, the work will be deemed unsatisfactory and payment will not be made until the Contractor has assured the Government that its Quality Control measures have corrected the deficiencies. Inspections after rework will be made in the same manner as the first inspection. The cost to the Government for inspections necessitated by the rework will be deducted from any payments to the Contractor.

QUALITY ASSURANCE

A. The Government may inspect all treatments, services and contractor inspection to determine compliance with specifications.

B. The Government inspection may be based on visual inspection of 100 percent of the sub-item or treatment area. Any finding of contractor failure to reasonably comply with contact requirement shall be unacceptable.

C. The Contractor may, at the discretion of the government, be required to rework any area that fails to meet acceptable work quality.

Each work unit, as designated on the task order and data sheet will be inspected as a separate unit and will not be averaged with any other areas for acceptance or payment.

CONTRACTOR QUALITY CONTROL

The Contractor shall complete a Quality Control Plan as part of each treatment.

The Contractor shall inspect all treatments to determine compliance with specifications.

AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled within __10___ days after the date of contract award. The conference will be held at Paisley Ranger District unless otherwise changed by mutual agreement.

Note: The Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the prework conference.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the

Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

Item No. Property Description Location Date Available

1 maps Paisley Ranger

District

Issued at the post award meeting

DEFINITIONS - ADMINISTRATION TERMS

A. Contracting Officer (CO) - The person executing this contract on behalf of the

Government, including any duly appointed successor and authorized representatives of the

Contracting Officer acting within the limits of his/her authority.

B. Contracting Officer's Representative (COR) - The on-site contract administrator for the

Contracting Officer. The duties and responsibilities of the COR are defined a letter (form) of designation issued by the Contracting Officer.

C. Inspector - The person(s) appointed in writing by the COR to conduct and document inspections according to contract specifications and provisions. The inspector's authorities are strictly limited, not to exceed the authority to issue to the contractor a Notice of Noncompliance.

D. Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

E. Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

F. Work Order - An order written by the COR, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

G. Notice of Noncompliance - A written notice from the CO or COR which documents, for the Contractor's attention, specific performance deficiencies.

H. Contract Item - A pay item designated on the bid schedule and described by a specification.

I. Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the

Contractor's employees and employment practices.

J. Specifications - That portion of the contract comprising a description of the general and technical requirements for materials, products or services to be furnished under the contract.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)

A. The Contracting Officer will designate an individual as Contracting Officer's

Representative (COR) at time of award.

B. The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

C. The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

D. On all matters that pertain to the contract terms the Contractor must communicate with the

Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

E. The COR's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The COR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications

2. Take action to terminate the contract for default or Government convenience.

3. Make contract adjustments under the Differing Site Conditions clause.

4. Grant extensions of contract time.

5. Approve assignment of claims.

6. Make final decisions under the Disputes clause.

7. Make final acceptance under the contract.

8. Make final decisions under the Suspension of Work clause.

9. Make equitable adjustments.

10. Authorize change in amount of Payment Retention.

11. Approve subcontractors.

12. Approve payments with deductions or final payment.

13. Approve use and possession prior to completion.

14. Enforce the warranty provisions.

NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

FSAR 4G52.222-704 PERSONAL PROTECTIVE EQUIPMENT (FEB 2007)

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

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

The Contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet

Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

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

In any area where the worker is exposed to the potential for flying or falling objects, the

Contractor shall provide a hard hat, at no cost to the employee, and the Contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of

American National Standards Institute (ANSI) standard Z89.1-1997.

The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of

ANSI standard Z87.1-2003.

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

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 the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 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.

SAFETY PLAN

Prior to allowing any work to commence on the project, the Contractor shall submit a Safety

Plan to the Contracting Officer that is in accordance with OSHA Regulations. Such safety plan shall include all tasks and related activities anticipated to successfully complete the work. The safety plan shall include the Personal Protective Equipment (PPE) that the Contractor provides for his/her employees at no cost to them. It shall include how often the PPE is inspected to insure that it is not defective or damaged. It shall include steps the Contractor takes to insure that his/her workers are using the PPE on the worksite and what steps the Contractor uses if an employee is found to be working without the required PPE. The Contractor shall include any safety training he/she provides to his/her employees.

WARNING SIGNS AND RESTRICTIONS

Contractor shall be totally responsible for safety signing, barricades and other signing to maintain a safe site to the public and Government employees.

DAMAGES

If the Contractor does not complete the work within the designated contract time, actual excess costs will be assessed, such as - but not limited to, additional COR and Inspector time and travel.

If any damage is incurred to the residual trees within the fence enclosure, the contractor may be accessed damages of a minimum of $500.00 per tree.

JOB SPECIFIC SAFETY PLAN

Prior to the prework meeting, the Contractor shall provide a written job specific safety plan that recognizes the inherently hazardous conditions that will exist on this contract. Some of these hazardous conditions are, but not limited to: blasting, heavy equipment operation, traffic control on haul routes, loading an unloading of materials, site security, noises and dust contract and the use of personal protective equipment (PPE) in the work area. The plan shall be in accordance with OSHA Regulations. The plan shall include all tasks and related activities anticipated to successfully complete the work

SAFETY ITEMS

(a) Data and information furnished or referred to below is for the Contractor’s information. The

Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all inclusive. The

Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the work site.

(b) The following checked activities have been identified by the Government as potential safety hazards.

[] Confined Entry Space.

[] Temporary excavation/deep trenching/slope stability.

[] Tree Felling.

[x] Fall hazard from work heights exceeding six feet.

[] Blasting.

[x] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[x] Heavy equipment operation.

[] Tree climbing and/or tower climbing.

[] Fire hazards.

[] Hazard materials handling.

[] Electrical hazard.

[] Hydraulic and/or pneumatic and/or other high pressure hazards.

[x] Mechanical hazards such as pulleys, springs, etc.

[x] Power tool operation including eye protection.

[x] Overhead hazards.

DAMAGES

If the Contractor does not complete the work within the designated contract time, actual excess costs will be assessed, such as - but not limited to, additional COR and Inspector time and travel.

CONTRACTOR'S REPRESENTATIVE

The Government may, at its option, suspend work with full count of contract time continuing, if the Contractor fails to provide a Contractor's Representative (1) conversant in the English language and (2) able to read and understand the contract.

WASHING OF EQUIPMENT

Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste 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.

The Contractor shall wash all equipment except for hauling vehicles prior to entering National

Forest Land. Remove all soil which could contain noxious weed seed. Remove grease and oil from drive mechanisms which would be discharged into the stream when equipment is operating.

Prior to transporting equipment to the site, assure that the equipment’s hydraulic, lubrication, and fuel systems are free from leaks.

FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

MOTORIZED EQUIPMENT

Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer or as provided elsewhere herein.

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

The Contractor shall assign to this contract the following key personnel:

(a) Contractor Designated Representative

(b) Contractor Inspector

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

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutions, 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.

END OF ADDENDUM TO 52.212-4

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN

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)).

(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:

[Contracting Officer must 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. 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 (JUNE 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

(JUN 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).

__ (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)

__ (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 Publicity Available Information Regarding Responsibility

Matters (Jul 2013) (41 U.S.C. 2113).

__ (10) 52.209-10 , Prohibition on Contracting with Inverted Domestic Corporations (May

2012) (section 738 of Division C of Pub L. 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)(i) 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.]

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

__ (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 (JUL 2013) [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 (JUL 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 Participation Concerns (OCT 2008) (U.S.C. 2323) (if the Offeror elects to waive the adjustment, it shall so indicate in tis 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 (NOV 2011)

(15 U.S.C. 657(f)).

__ (25) 52.219-28, Post Award Small Business Program Representation (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)).

__ (28) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

__ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014)

(E.O. 13126).

__ (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 Veterans (SEPT 2010) (38 U.S.C. 4212).

_X_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29

U.S.C. 793)

_x _ (34) 52.222-37, Employment Reports on Veterans (SEPT 2010) (38 U.S.C. 4212).

_ _ (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 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) 52.223-15, Energy Efficiency in Energy- Consuming Products (DEC 2007) (42

U.S.C. 8259b).

__ (39)(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_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (AUG 2011) (E.O. 13513)

__ (41) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a - 10d).

_x_ (42)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act

(NOV 2012) (41 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, 108-302, 108-286, 109-53, 109-169, 109-283, 110-138, 112-42, and 112-43).

_x_ (ii) Alternate I (MAR 2012) of 52.225-3.

__ (iii) Alternate II (MAR 2012) of 52.225-3.

__ (iv) Alternate III (NOV 2012) of 52.225-3.

__ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

__ (45) 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).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

__ (48) 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)).

__ (49) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41.U.S.C.

255(f), 10 U.S.C. 2307(f)).

_X (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(JUL 2013) (31 U.S.C. 3332).

_ _ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (JUL 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (JUL 2013) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB

2006) (46 U.S.C. 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.]

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.).

__ (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 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 Donations to Nonprofit Organizations (MAR

2009) (Pub. L. 110-247).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEPT 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 paragraphs (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…