RFP_AG52B1S085082.doc

SERVICE RFP

SOL NO: AG-52B1-S-08-5082

UNIT: MONONGAHELA NF

PROJ NAME: FORESTWIDE BRUSHING AND MOWING

FORMCHECKBOX

NEGOTIATED (RFP)

149718

HOOSIER NATIONAL FOREST

811 CONSTITUTION AVE., BEDFORD, IN 47421

SAME AS BLOCK 7

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

(Hour)

(Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

11. TABLE OF CONTENTS

OTHER STATEMENTS OF OFFERORS

X

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

(See Section I, Clause No. 52-232-8)

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated):

15A.

NAME AND ADDRESS

OF OFFEROR

CODE

FACILITY

OFFER (Type or Print)

15B. TELEPHONE NO. (Include area code and extension)

18. OFFER DATE

IS DIFFERENT FROM ABOVE - ENTER

FORMCHECKBOX

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

FORMCHECKBOX

10 U.S.C. 2304 (c) (

FORMCHECKBOX

41 U.S.C. 253(c) (

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

NORTH ZONE BASE PERIOD

(For a period of one year from the date of the Award)

Annual

Quantity

Price Total

Price

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than three (3) inches diameter breast height (dbh) are designated to remain

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than six (6) inches diameter breast height (dbh) are designated to remain

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MAINTENANCE FOR NORTH ZONE BASE PERIOD

NORTH ZONE OPTION YEAR ONE

(For a period of one year from the end of the Base Period)

Annual

Quantity

Price Total

Price

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than three (3) inches diameter breast height (dbh) are designated to remain

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than six (6) inches diameter breast height (dbh) are designated to remain

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MAINTENANCE FOR NORTH ZONE OPTION PERIOD ONE

NORTH ZONE OPTION YEAR TWO

(For a period of one year from the end of the Option Period One)

Annual

Quantity

Price Total

Price

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than three (3) inches diameter breast height (dbh) are designated to remain

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than six (6) inches diameter breast height (dbh) are designated to remain

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MAINTENANCE FOR NORTH ZONE OPTION PERIOD TWO

NORTH ZONE OPTION YEAR THREE

(For a period of one year from the end of Option Period Two)

Annual

Quantity

Price Total

Price

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than three (3) inches diameter breast height (dbh) are designated to remain

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than six (6) inches diameter breast height (dbh) are designated to remain

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MAINTENANCE FOR NORTH ZONE OPTION PERIOD THREE

NORTH ZONE OPTION YEAR FOUR

(For a period of one year from the end of Option Period Three)

Annual

Quantity

Price Total

Price

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than three (3) inches diameter breast height (dbh) are designated to remain

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than six (6) inches diameter breast height (dbh) are designated to remain

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MAINTENANCE FOR NORTH ZONE OPTION PERIOD FOUR

SOUTH ZONE BASE PERIOD

(For a period of one year from the date of the Award)

Annual

Quantity

Price Total

Price

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than three (3) inches diameter breast height (dbh) are designated to remain

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than six (6) inches diameter breast height (dbh) are designated to remain

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MAINTENANCE FOR SOUTH ZONE BASE PERIOD

SOUTH ZONE OPTION YEAR ONE

(For a period of one year from the end of the Base Period)

Annual

Quantity

Price Total

Price

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than three (3) inches diameter breast height (dbh) are designated to remain

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than six (6) inches diameter breast height (dbh) are designated to remain

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MAINTENANCE FOR SOUTH ZONE OPTION PERIOD ONE

SOUTH ZONE OPTION YEAR TWO

(For a period of one year from the end of the Option Period One)

Annual

Quantity

Price Total

Price

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than three (3) inches diameter breast height (dbh) are designated to remain

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than six (6) inches diameter breast height (dbh) are designated to remain

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MAINTENANCE FOR SOUTH ZONE OPTION PERIOD TWO

SOUTH ZONE OPTION YEAR THREE

(For a period of one year from the end of Option Period Two)

Annual

Quantity

Price Total

Price

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than three (3) inches diameter breast height (dbh) are designated to remain

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than six (6) inches diameter breast height (dbh) are designated to remain

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MAINTENANCE FOR SOUTH ZONE OPTION PERIOD THREE

SOUTH ZONE OPTION YEAR FOUR

(For a period of one year from the end of Option Period Three)

Annual

Quantity

Price Total

Price

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than three (3) inches diameter breast height (dbh) are designated to remain

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than six (6) inches diameter breast height (dbh) are designated to remain

TOTAL PRICE FOR SCHEDULED (ESTIMATED) MAINTENANCE FOR SOUTH ZONE OPTION PERIOD FOUR

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,500.00 , but not in excess of $500,000.00.

BASIS OF AWARD OF IDIQ CONTRACTS: The FS intends to award multiple Fixed-Priced, IDIQ contracts as a result of this Request for Proposal. Each contract will have a Minimum guaranteed Amount that can be ordered on this contract of $2,500 (for the Base Period ONLY) and a Maximum Annual Amount that can be ordered on this contract of $100,000.00 per year with a total overall potential value of $500,000.00. The Award may result in a One Year Base Period plus up to FOUR One Year Option periods. Vendors should offer prices for as many items as they can and should provide pricing for all sub-items within an Item that is offered.

TASK ORDERS: If multiple awards are made then Task Orders (TO) may be competed among the IDIQ contractors for vegetation removal on the Monongahela National Forest. Each TO will list the tasks and the estimated quantities of those tasks that will be performed on the TO. In determining who will receive the TO the FS will consider the price, past performance (including past performance on previous orders under this contract), ability to complete quantified work, and any other factors indicated on the TO. In submitting responses to task orders the unit prices cited in the IDIQ contract may not be exceeded, but may be reduced for the individual Task Order only. The Contracting Officer may determine to issue a task order without further competition in order to meet the Contract Minimum Annual Amount (Guarantee) for each year of the contract. Task Order submittals for each TO will include the following:

· Work Plan & Schedule – Provide start date, production rate, completion date, labor and equipment list

· Quality Control Plan – Demonstrate the ability to complete all tasks to the required Performance Quality Standards and/or Acceptable Quality Level

FUEL SURCHARGE: The government acknowledges that fuel usage is a major portion of the costs associated with mowing and brushing. As such, the government may consider including a surcharge for fuel on an annual basis. There is no fuel surcharge for work performed during the base period. Offerors shall include in their offer a method for computing a fuel surcharge for the option periods. If a proposed fuel surcharge computational method is not included in the original offer it will not be added during negotiations or after contract award and no fuel surcharge will be allowed. Per FAR 52.216-2 Economic Price Adjustment – Standard Supplies. (JAN 97) actual price for this fuel surcharge MAY, at the government’s discretion, be negotiated on an annual basis prior to exercising each option year. The fuel surcharge is not intended to pay for all fuel associated with the work performed as a result of this solicitation/contract, but is intended to offset some of the unforeseen costs associated with the petroleum markets.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

This contract requires brushing and mowing services and related work in compliance with its terms, specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals.

C-1 SCOPE OF CONTRACT

The USDA-FS, Monongahela National Forest has a requirement for a Performance Based Service Contract for Forest Wide Mowing and Brushing of Forest Service Roadsides for the Monongahela National Forest. The government anticipates multiple awards of Indefinite Delivery-Indefinite Quantity type (IDIQ), Firm-Fixed Priced Contract as described in the Schedule. Contractor shall provide all expertise, labor, supervision, services, equipment, tools, supplies (i.e., water, etc.), permits, licenses, transportation, and incidentals necessary to perform road maintenance, for which the desired outcome is in strict accordance with the standards attached to each Task Order.

All work will be performed between the hours of 7:00 AM and 6:00 PM on weekdays (weekdays are exclusive of weekends and Federal Holidays). Approval to work outside these hours must be obtained from the Contracting Officer (CO) or his representative (COR). The Forest Service will have a maximum of Five (5) working days to complete inspections after the contractor informs the COR that a road or section of a road is ready for inspection.

The Contractor shall exercise caution and care while pursuing the work to prevent unnecessary conflict with, or potential hazards to road users. The Contractor shall furnish and erect any necessary signs with flags on each end of the section of road being worked, as needed. Whenever possible, the road shall remain passable to traffic while work is being performed. Signs shall be the size, quantity, and color as required in the current edition of the “Manual on Uniform Traffic Control Devices.” All work shall be scheduled so that at the end of a working day the road is passable by the type of traffic normally using the road. If, for any reason, traffic hazards are left in or adjacent to the road after normal work periods, they shall be properly signed as hazards with reflectorized signs and visibility illuminated at night. The Contractor shall be held liable for any damage caused by his personnel or equipment to any existing structures such as bridges, culverts, signs, guardrails, or any other Government infrastructure or property. Repair or replacement to these structures shall be at the Contractor’s expense and comply with FS EM7720-100 [8/96] and/or West Virginia Division of Highways Specifications. The Government shall not be liable to loss, damage, or destruction of equipment furnished by the Contractor.

Forest Service roadsides on the Monongahela National Forest have been mowed and brushed with a hydraulically operated mower having a reach of 17 feet that was able to mow at any angle within the 180 degree rotation of the cutting head. The service required is to remove vegetation, including trees, on roadway surfaces and roadsides from areas that were previously cleared with or would be within the reach of this machine.

Performance of individual tasks will be accomplished by the issuance of Task Orders against the IDIQ contract. The Performance Based Statement of Work shall consist of completing the ordered Tasks to the Acceptable Quality Level (AQL) required in the Performance Work Statement / Quality Assurance Plan.

This contract requires all related work to be accomplished in compliance with its terms, specifications and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals.

C-2 LOCATION AND DESCRIPTION

Work is to be performed throughout the Monongahela National Forest. The Monongahela National Forest consists of two zones for maintenance purposes. The North Zone consists of the Cheat, Greenbrier, and Potomac Districts. The South Zone consists of the Gauley, Marlinton, and White Sulphur Districts.

C-3 DEFINITIONS

General

Acceptable Quality Level (AQL):

The minimum standard that must be met or the maximum percent defective work that may occur before the FS will employ price deducts in accordance with the Inspection of Services clause (FAR 52.246-4)

CO:

Contracting Officer. The only official authorized to establish and administer government contracts.

COR:

Contracting Officer’s Representative (COR)-A FS employee that is appointed and officially designated by the Contracting Officer to assist the Contracting Officer with technical matters related to contract administration. The COR will assist the Contracting Officer with surveillance of contractor performance. CORs may not change price or scope of work.

Defective Service:

A unit of service which contains one or more defects, or nonconformance with specified requirements.

FS Inspector:

A FS employee designated by the Contracting Officer or COR to perform surveillance of contractor performance.

IDIQ:

Indefinite Delivery Indefinite Quantity-Type of contract for which specific delivery of the service and the exact quantities needed are not known at the time of award.

CPS:

Contractor Performance System: The Federal database containing contractor past performance information for work performed under federal contracts. The dataset is maintained by the National Institute of Health, used as a basis of reference for most federal contract past performance information searches.

Quality Assurance:

Those actions taken by the FS to assure services meet the specified requirements.

Quality Control:

Those actions taken by a contractor to control the performance of services so that they meet the specified requirements.

Station:

A horizontal distance of 100 lineal feet as measured along the centerline of a road or trail.

Task Order:

Method by which the FS will order services and supplies necessary to perform the services of the contract.

TBD:

To be determined at a later date.

Technical

Masticate debris:

Cut debris into pieces smaller than three (3) inches in diameter and twelve (12) inches in length.

C-4 FS FURNISHED PROPERTY, MATERIALS AND SERVICES

General: The FS shall provide, without cost, the facilities, equipment, materials, and/or services listed below.

FS Furnished Facilities:

1. Overnight/weekend parking for Contractor equipment (unsecured).

2. Storage areas for materials (unsecured).

C-5 CONTRACTOR FURNISHED ITEMS AND SERVICES

General: Except for those items or services specifically stated to be furnished by the FS, the contractor shall furnish everything required to perform the work of this contract, task order, and/or attachment(s) to the Acceptable Quality Level indicated in said contract, task order, and/or attachment(s).

C-6 PERFORMANCE WORK STATEMENT/QUALITY ASSURANCE PLAN

SUB-TASKS

QUALITY

STANDARDS

DISINCENT

1.

Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than three (3) inches diameter breast height (dbh) are designated to remain.

Remove all living and dead vegetation that obstructs traffic or visibility, obscures signs, or impedes the flow of water or diverts water from drainage structures.

Masticate and/or dispose of debris

Remove vegetation on cut banks and fill slopes to a maximum height of six (6) inches above ground or uncuttable surface.

Remove vegetation on cut banks and fill slopes in accordance with Exhibit “A”.

Remove overhanging vegetation in accordance with Exhibit “A”.

Masticate and/or dispose of Brushing/Mowing debris by scattering outside Clearing Zone (Exhibit “A”) in an environmentally and esthetically sound manner.

Perform operations in compliance with applicable rules and regulations and without damage to existing structures

100% of signs shall be clearly visible and unobstructed by vegetation

95% of guardrails and guardrail posts shall be clearly visible and unobstructed by vegetation

95% of vegetation three (3) inches dbh or less shall be removed to within 6 inches of ground or uncuttable object and 100% shall be removed to within 12 inches of ground or uncuttable object

95% of cut banks and fill slopes shall have all vegetation removed in accordance with Exhibit “A”.

95% of overhanging canopies shall have vegetation removed to provide sixteen (16) feet of vertical clearance from the road surface in accordance with Exhibit “A”.

100% of vegetation that obstructs traffic or visibility shall be removed

100% of Mowing/Brushing debris that is not masticated and concentrations of masticated Mowing/Brushing debris that has the potential to move into the road drainage system shall be removed from Clearing Zone (Exhibit “A”)

100% of Mowing/Brushing debris scattered outside Clearing Zone (Exhibit “A”) shall be scattered outside ditches or natural watercourses

100% of Mowing/Brushing debris that is not masticated and concentrations of masticated Mowing/Brushing debris shall be removed from roadbed (Exhibit “A”).

90% of Mowing/Brushing debris scattered outside Clearing Zone (Exhibit “A”) shall be no more than 4 feet high

No damage to 100% of pipe ends

No damage to 100% of signs or structures

100% compliance with contractor safety plan

100% compliance with OSHA Industry practice

100% compliance with FS fire suppression practice Visual random sample; Physical measurement

Rework at no additional cost to the government for non compliance.

Contractor will pay FS for repeated reinspections.

Positive/Negative performance to be reported to NIH.

Potential additional option years.

2. Remove all living and dead vegetation, including trees, on roadway surfaces and roadsides. Standing trees larger than six (6) inches diameter breast height (dbh) are designated to remain.

Remove all living and dead vegetation that obstructs traffic or visibility, obscures signs, or impedes the flow of water or diverts water from drainage structures.

Masticate and/or dispose of debris

Remove vegetation on cut banks and fill slopes to a maximum height of six (6) inches above ground or uncuttable surface.

Remove vegetation on cut banks and fill slopes in accordance with Exhibit “A”.

Remove overhanging vegetation in accordance with Exhibit “A”.

Masticate and/or dispose of Brushing/Mowing debris by scattering outside Clearing Zone (Exhibit “A”) in an environmentally and esthetically sound manner.

Perform operations in compliance with applicable rules and regulations and without damage to existing structures

100% of signs will be clearly visible and unobstructed by vegetation

95% of guardrails and guardrail posts will be clearly visible and unobstructed by vegetation

95% of vegetation six (6) inches dbh or less shall be cut to within 6 inches of ground or uncuttable object and 100% shall be cut to within 12 inches of ground or uncuttable object

95% of cut banks and fill slopes shall have all vegetation removed in accordance with Exhibit “A”

95% of overhanging canopies shall be removed to provide sixteen (16) feet of vertical clearance from the road surface in accordance with Exhibit “A”

100% of vegetation that obstructs traffic or visibility shall be removed

100% of debris that is not masticated and concentrations of masticated debris that has the potential to move into the road drainage system shall be removed from Clearing Zone (Exhibit “A”)

100% of debris scattered outside Clearing Zone (Exhibit “A”) shall be scattered outside ditches or natural watercourses

100% of debris that is not masticated and concentrations of masticated debris shall be removed from roadbed (Exhibit “A”).

90% of debris scattered outside Clearing Zone (Exhibit “A”) shall be no more than 4 feet high

No damage to 100% of pipe ends

No damage to 100% of signs or structures

100% compliance with contractor safety plan

100% compliance with OSHA Industry practice

100% compliance with FS fire suppression practice

Visual random sample; Physical measurement

Rework at no additional cost to the government for non compliance.

Contractor will pay FS for repeated reinspections.

Positive/Negative performance to be reported to NIH.

Potential additional option years.

C-7 FS PUBLICATIONS/INDUSTRY STANDARDS/STATE STANDARDS/FS STANDARDS/TECHNICAL

EXHIBITS

General: The following items are incorporated into the contract and are applicable to any and all work performed under this contract and/or task order: Copies are included in Attachments to the RFQ unless incorporated by reference as indicated.

· Technical Drawings (Typicals)

· Forest Service Fire Plan (Department Of Labor Wage Determination (latest revision, applicable to the county/city where the work shall be performed)

· FS EM7720-100 [8/96] (by reference)

· West Virginia Division of Highways Specifications (current – as applicable – by reference) Vendors should submit the following information with their quotations to allow the FS to evaluate proposals for award:

· A list of projects over the past three years you have performed that are similar to this project in scope and size. Please provide the name firm, address, telephone number and contact point.

· Provide brief resumes for the following personnel: Project Superintendent, Operators for the equipment you intend to use on this project.

· Provide a list of the equipment you intend to use on this project including, type of equipment, horse-power, size, model, year, accessories.

· Quality Control Plan

· Safety Plan

· Certifications/Representations required in FAR 52-212-3 Offeror Representations and Certifications - Commercial Items.

· Fuel Surcharge (if any) including computation methodology and proposed rates.

· Although the FS provided the incentives/disincentives for this project it will consider suggestions for additional or replacement incentives/disincentives to improve the quality and cost effectiveness of the work. If you have suggestions, you should submit them at this time.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

SECTION F--DELIVERIES OR PERFORMANCE

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from date of award through 365 days following date of award.

AGAR 452.211-75 Effective Period of Contract (FEB 1988) The effective period of this contract is from date of award through 365 days following date of award.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 15 calendar days after the date of contract award. The conference will be held at the Monongahela national Forest office in Elkins, WV.

1.

CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals: (Offeror to complete this section.)

OFFEROR:

EMAIL:

TIN:

DUNS:

it 2.

GOVERNMENT: ADMINISTRATIVE CONTRACTING OFFICE:

USDA FOREST SERVICE

OHIO RIVER BASIN PROCUREMENT CLUSTER

c/o HOOSIER NATIONAL FOREST

ATTN: MARK CORSE

811 CONSTITUTION AVE

BEDFORD, IN 47421

(812) 276-4729

3.

CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor under this contract will be made in accordance with Electronic Funds Transfer (EFT) methods referenced in this solicitation. All required information must be in the Central Contractor Registration (CCR) at www.ccr.gov. To check on payments once a contract has been awarded, contact the Miscellaneous Payments Section of the National Finance Center at 1-800-421-0323.

4.

INVOICES: Invoices shall be submitted in arrears, no advance payments will be authorized. Unless otherwise noted on the individual Task Orders, contractors shall submit invoices for payment as follows:

A. If the work performance period cited in the individual Task Order is 30 days or less the contractor shall submit an invoice to the government at the end of the performance period. No partial payments will be authorized.

B. If the work performance period cited in the individual Task Order is greater than 30 days partial payments may be authorized on a monthly basis and upon completion of the ordered work, or at other intervals approved by the Contracting Officer.

C. In accordance with Prompt Payment Act (Public Law 97-177), contractors are to submit proper invoices for payment.

A proper invoice includes:

· Name and address of the Contractor

· Invoice date and invoice number

· Contract/order number

· Taxpayer Identification Number (TIN)

· Description, quantity, unit of measure, unit price, and extended price

· Shipping and payment terms (unless mutually agreed that this information is only required in the contract)

· Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice

D. The invoice must contain specific information as listed below or the invoice shall be returned to the contractor within seven days after receipt, noting reasons why it is not a proper invoice. The agency payment office will no longer “hold” or “pen and ink” the invoice in an attempt to correct it. The contractor must correct and resubmit the invoice to the payment office where it will again be date stamped upon receipt.

E. GOVERNMENT INVOICE ADDRESS: Unless otherwise directed in the Task Order, all invoices from the contractor shall be mailed to the following address:

a. All invoices from the contractor for work on the North Zone shall be mailed to the following address:

USDA FOREST SERVICE

MONONGAHELA NATIONAL FOREST

ATTN: WILLARD CHURCH, COR

200 SYCAMORE STREET

ELKINS, WV 26241

b. All invoices from the contractor for work on the South Zone shall be mailed to the following address:

USDA FOREST SERVICE

MONONGAHELA NATIONAL FOREST

ATTN: LOIS MAMAK, COR

P. O. BOX 210

MARLINTON, WV 24954

F. Once the proper invoice has been received and approved, payment will be processed in accordance with the Prompt Payment Act and contract terms. Invoice payment will be considered payable after receipt of supplies/services or receipt of a proper invoice; whichever is later.

a. For supply and services awards, and final payment of construction awards, payment will be due 30 within 30 days.

b. For partial payments due under construction contracts payment will be due within 14 days.

G. If payment is not received with 5 working days following the due date, notify the Contracting Officer’s Representative or Contracting Officer.

H. Contractors are encouraged to Contact PAYMENT INQUIRY at the National Finance Center (800) 421-0323 concerning status of past due invoices.

I. Contractors are encouraged to subscribe to the US Treasury website for Payment Advice Internet Delivery (PAID) at https://fmsapps.treas.gov/paid/ This service is free and provides vendors with advance notification of payments processed through EFT.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Program/Project Manager, Supervisors and all equipment Operators

(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 substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)

52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)

52.215-2 Audit and Records -- Negotiation (JUN 1999)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996)

52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $550,000) 52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)

52.222-41 Service Contract Act of 1965, as Amended (JUL 2005)

52.222-43 Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (MAY 1989)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006)

52.227-1 Authorization and Consent (JUL 1995)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (AUG 1996)

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.232-1 Payments (APR 84)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-17 Interest (JUN 1996)

52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2003)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

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

52.242-13 Bankruptcy (JUL 1995)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2007) 52.245-1 Property Records (JUN 2007) 52.246-25 Limitation of Liability—Services (FEB 1997)

52.248-1 Value Engineering (FEB 2000)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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

452.237-75 Restrictions Against Disclosure (FEB 1988)

52.204-7 Central Contractor Registration (JUL 2006)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally…