AG-6392-S-15-0012_Sol.pdf

SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 700) 1 43 PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

AG-6392-S-15-0012

SEALED BID (IFB)

04/21/2015

NUMBER

NEGOTIATED (RFP)

7. ISSUED BY CODE 6392 8. ADDRESS OFFER TO (If other than Item 7) MN Shared Services Contracting Unit 8901 Grand Ave Place, Duluth, MN 55808-1122

Same as 7. Attn: Paul Nephew

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

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Rm 113 until 1400 local time 05/26/2015 (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.

10. FOR

INFORMATION A. NAME B. TELEPHONE NO. (NO COLLECT

CALLS)Area Code/Number/Extension C. E-MAIL ADDRESS

CALL: Paul G. Nephew 218-626-4360 pnephew@fs.fed.us

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

x A SOLICITATION/CONTRACT FORM x I CONTRACT CLAUSES x B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

x C DESCRIPTION/SPECS./WORK STATEMENT x J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

x E INSPECTION AND ACCEPTANCE x

K REPRESENTATIONS, CERTIFICATIONS AND

x F DELIVERIES OR PERFORMANCE OTHER STATEMENTS OF OFFERORS x G CONTRACT ADMINISTRATION DATA x L INSTRS., CONDS., AND NOTICES TO OFFERORS

SPECIAL CONTRACT REQUIREMENTS x M EVALUATION FACTORS FOR AWARD

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.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a 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.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(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 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

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

15C. CHECK IF REMITTANCE ADDRESS

17. SIGNATURE

18. OFFER DATE

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(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) mailto:pnephew@fs.fed.us

SERVICE RFP AG-6392-S-15-0012

Chippewa National Forest Swede Hill Site Demolition

B-1. NOTES:

The Government's estimates on this project between $60,000 and $125,000 with all options.

VENDOR INFORMATION:

Phone Number:__________________________________ Email Address:__________________________________ Duns No. _______________________________________

TIN: ___________________________________________

* The purpose of the project is to demolish and remove the existing structures and improvements within the defined work limits and restore the ground to a stable, free-draining, vegetated condition. Unless otherwise specified, the Contractor shall furnish all labor, materials, equipment, tools, transportation; and will perform all work required to complete this project in accordance with the drawings, specifications, and provisions of the contract. Payment for the contract work will be made only for and under those items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for the items shown.

To be considered responsive, bidders must submit a completed SF 33, Section B, Section K and response to the evaluation criteria in Section M. Bidders must also have an active SAM registration as required by FAR Clause 52.204-7 System for Acquisition Management (SAM) (APR 2012) located in Section I of this Solicitation.

• This Solicitation will result in a fixed-priced service contract. The Government will offer a contract to the quoter whose quotation results in the best value as determined by the USDA Forest Service (FS).

• Proposals are to be submitted to the following address: Mail, Email, or Facsimile offers are authorized.

When submitting your Offeror Submission Package via fax, please fax to the ATTENTION of Paul Nephew at (218) 626-4397. Email offers may also be submitted. Email completed proposals to:

pnephew@fs.fed.us

USDA FOREST SERVICE

ATTN PAUL NEPHEW

8901 GRAND AVENUE PLACE

DULUTH MN 55808-1122

CONTRACT TIME: See Section F.

REPRESENTATIONS AND CERTIFICATIONS: All offerors must complete annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. See provision 52.204-8 in Section K.

SUCCESSFUL AWARDEE: To be awarded a contract with the Federal Government, the successful firm must be actively registered in the System for Award Management database website at http//www.sam.gov. See FAR Clause 52.204-14 listed in Section I.

mailto:pnephew@fs.fed.us

SECTION B—SCHEDULE OF ITEMS

Swede Hill Demolition

CH 10436B

Schedule of Items

Item Number Description Qty Unit

Unit Price Total

1 BASE - Mobilization/Demobilization 1 LS

BASE - Demolish warehouse building NOT INCLUDING concrete slab/foundation 1 LS

BASE - Demolish Oilhouse building INCLUDING concrete slab/foundation 1 LS

OPT - Demolish concrete slabs and foundations for warehouses 2 EA

5 OPT - Demolish timber loading ramp 1 LS

OPT - Dispose of debris pile including steel gate posts, concrete boat ramp planks, treated timbers and miscellaneous debris 1 LS

7 OPT - Dispose of tires 20 EA

8 OPT - Dispose of concrete planks 1 LS

SECTION C – CONTRACT SPECIFICATIONS

Contract Specifications

4/15/2015

DIVISION 1 - GENERAL REQUIREMENTS

SECTION 01001 – DEFINITIONS

PART 1 - General

1.01 Abbreviations

CO – Contracting Officer COR - Contracting Officer's Representative Inspector - Government personnel authorized by the CO or COR to inspect the work.

GR – Government Representative. Includes the CO, COR, or authorized Inspector for this contract MPCA – Minnesota Pollution Control Agency EPA - U.S. Environmental Protection Agency OSHA - U.S. Occupational Safety and Health Administration

------------ END OF SECTION ----------

SECTION 01010 - SUMMARY OF WORK

PART 1 - General

1.01 General Scope of Work

A. The purpose of the project is to demolish and remove the existing structures and improvements within the defined work limits and restore the ground to a stable, free-draining, vegetated condition.

B. The work to be performed under this Contract is SHOWN ON THE DRAWINGS and described in these SPECIFICATIONS. The Contractor assumes full responsibility for performance of the work and agrees to furnish all labor, materials, equipment, tools, supplies, transportation and incidentals necessary for the successful completion of the project.

C. Performance Period: Work under this contract shall be completed between the dates of June 22, 2015 and September 25, 2015.

1.02 Specific Scope of Work

A. The major items of work consist of the following: (also refer to the DRAWINGS for additional information)

1. Review of Pre-Demolition Inspection Profile report, inspection date 3/14/13, by Midwest Environmental Consulting LLC, provided by the Government.

2. Coordination as required by the MPCA for demo/disposal of this type. (Notification, reporting, acquiring permits, etc.)

3. Improvement of existing access road as necessary to allow safe and effective access to the site by trucks and equipment. Work may include limbing and brushing, removal of dead trees, application of gravel on road surface. Existing gate across access road to remain, but removal and replacement is acceptable if necessary to provide for access.

4. Removal and disposal, or other approved treatment, of all hazardous and regulated materials identified in the Inspection Profile report or identified through other means. This work shall be done by personnel holding current certification in the specific areas worked.

5. Written certification of the facility after hazardous and regulated material removal, as required to allow conventional disposal of remaining non-hazardous and demo material.

6. Removal and disposal of all non-hazardous/ non-regulated materials that are present in the building at the time of commencement of work under this contract. Said materials include items noted in the Pre-Demolition Inspection Profile report, as well as any other materials found in the structures.

7. Disconnection and Abandonment of any remaining utility services. Coordination with utility providers as necessary to accomplish this task. No utilities are known to exist on the site, but if discovered, are in the scope of work to remove under this contract.

8. Demolition and full removal of :

a. Warehouse Building including slab/foundation

b. Fuel Storage Building including slab/foundation

c. Concrete slab/foundation of former 2nd Warehouse building

d. Indicated site appurtenances

e. Removal and disposal of designated loose items stored on site

9. Backfilling and site grading as required to bring the grades of the disturbed areas to match the existing adjacent grades.

10. Removal and proper disposal of all demolition materials. All materials that are not indicated for salvage or approved for proper on-site abandonment by these Specifications become the property of the Contractor and shall be removed from the site.

11. Submission of a written report indicating the final disposition of all items and materials removed from the site. This shall include a summary table and written documentation, such as load tickets from landfills, to support the information in the table. Also indicate any items which are salvaged by the Contractor for reuse.

1.03 Hazardous & Regulated Materials.

A. This contract includes the demolition and disposal of hazardous and regulated materials. Such demolition and disposal shall conform to all applicable requirements and restrictions imposed by the MN PCA and other agencies having authority in the matter.

B. The following Hazardous and/or Regulated materials have been identified as existing on the work site. Other hazardous materials may be present and must be removed and disposed of properly once identified. See the Inspection Report for complete information:

1. Asbestos

a. Warehouse: Black flashing sealant - scattered

b. Warehouse: White specialty paper - 72 sf

c. Oil House: Window glaze - 1 window

2. Lead-containing paint

a. Warehouse: Exterior, yellow, poor condition

b. Warehouse: Interior, white, poor condition

c. Oil House: Exterior, yellow, poor condition

C. The Contractor shall stop work and notify the GR immediately if any Hazardous or Regulated materials which are not covered by the Inspection Report and/or MPCA notification are discovered in the course of performing the work.

D. Due to differences in environmental and other requirements, neither entire buildings nor building materials shall be salvaged/reused without prior written permission from the Government.

Contractor shall propose in writing possible items to be salvaged by Contractor to the COR for written approval.

E. All demolition material shall be disposed of according to all applicable Federal, State, and Local requirements.

SECTION 01020 - REQUIREMENTS

1.01 Contractor Use of Facilities

A. There are no existing facilities available for contractor use at this site.

1.02 Code/Regulation Compliance

A. General

1. The Contractor is responsible for all notifications and documentation as required by the

MPCA.

2. The Contractor shall supply all parts, equipment, incidentals, and materials so that the completed work will meet these specifications and all applicable codes and regulations.

B. Safety

1. All work shall be in strict accord with the Department of Labor Occupational Safety and Health (OSHA) Standards, applicable State and local codes and ordinances.

2. The Contractor shall provide, erect, and maintain all necessary barricades, lights, signs, and shall take all necessary precautions for the protection of the workers, and the public.

1.03 Job Conditions

A. THE CONTRACTOR SHALL VERIFY ALL SITE CONDITIONS.

B. There may be other Government contracts ongoing at the site or on the access roads. Work limits may overlap and the Contractor shall plan and execute Contract work in cooperation with others.

C. Coordinate use of the site, temporary location of equipment, dumpsters, storage piles, etc. with COR before the start of work.

1.04 Protection of Existing Improvements

A. The Contractor shall protect all existing improvements such as roads and embankments.

1. The existing access road system is to remain after demolition. Contractor shall protect the road to the extent possible and repair any damage to existing access roads to maintain the driving condition found at the start of work.

2. Any existing culverts shall remain and shall be protected.

1.05 Operating Restrictions

A. Dust.

1. Contractor shall prevent dust from becoming a nuisance to the public, adjacent landowners and other work being performed on or near the site.

B. Noise.

1. Work which will cause noise beyond the edge of the work property shall be limited to the hours of: 8:00 am to 6:00 pm M-F without written permission from the GR.

2. Contractor shall cooperate with GR to address any noise concerns which may arise.

C. Energy/Vibration.

1. Contractor shall employ methods and take precautions to prevent impact energy/vibrations from adversely affecting the work property, adjacent properties, or the public.

2. Contractor shall be responsible for any damages which may occur to adjacent properties as a result of work under this contract.

PART 2 - Products (Not Used)

PART 3 - Execution (Not Used)

SECTION 01030 – NOTIFICATIONS & SUBMITTALS

1.01 Notifications.

A. The Contractor shall notify the MN PCA as required before start of any demolition work.

(minimum 10 days or more in advance - verify)

B. The Contractor shall notify Gopher State One Call as required before beginning any excavation.

1.02 Submittals to the GR

A. At least one week prior to starting work:

1. Written Schedule. The Contractor shall provide a written proposed schedule of work to the GR. If it is required to deviate from this schedule by more than 5 days, the Contractor shall provide a written schedule update to the GR. [NOTE: schedule changes which will require modification of the Contract performance period are not allowed without written approval from the CO. Such changes must be coordinated with the GR and a formal request must be submitted to the CO for consideration.]

2. Waste Disposal Plan. The Contractor shall prepare and submit a waste disposal plan to the GR for review and approval. The plan shall identify all categories of waste material to be encountered, summarize the intended collection and handling of each waste material, and identify the appropriate waste management facility or recycle point by name and location for each type of material.

B. Before the close of the contract:

1. Summary Table of Material Disposition. - see Appendix A

2. Documentation of Disposal. The Contractor shall submit documentation of the proper disposal of all material removed from the site. Documentation shall include the name and address of the disposal facility, facility permit or registration number, date of transfer, and signature of the receiving party.

PART 2 - Products (Not Used)

PART 3 - Execution (Not Used)

DIVISION 2 – SITE WORK

SECTION 02221 – DEMOLITION

1.01 Scope.

A. This work includes the removal and disposal of all major structures as SHOWN ON THE DRAWINGS and as described in these Specifications. In addition, any minor or incidental surface structures or improvements within the work limits shall be demolished under this contract.

PART 2 - Materials (Not Used)

PART 3 - Execution

3.01 Preparation for demolition

A. Building Contents.

1. Contractor shall remove all building contents from the structures before commencing with demolition.

2. Building contents must be properly disposed of off government property.

B. Hazardous/Regulated Materials

1. Contractor shall properly remove and/or treat all hazardous/regulated material according to MPCA and other requirements before commencing with other demolition work. Removal and/or treatment shall result in remaining building materials which can be legally disposed of as demolition debris.

2. Contractor must submit a signed certification stating that all identified hazardous/regulated materials have been removed and/or treated in place as required by MPCA. The certification shall include a description of the hazardous/regulated material removal and/or treatment methods used.

C. Building Materials.

1. Contractor shall separate and prepare all building contents and building components such that intermixing of materials with different disposal requirements will not occur upon final disposition.

D. Utility Coordination.

1. Contractor is responsible for coordinating utility disconnection and demolition with the COR and the following utility companies:

a. No known utilities on the site - contractor to verify and notify Gopher State One Call.

3.02 Demolition

A. General.

1. Unless noted otherwise, all structures or improvements within the work limits, including foundation elements, shall be demolished and fully removed from the site.

2. Documentation of proper disposal of all removed materials is required. See Section 01030 – Submittals.

3.03 Off-Site Disposal

A. All demolition material which is not indicated for salvage becomes the property of the contractor and shall be removed from the site.

B. All material removed from the site must be disposed of in conformance with Local, State, and Federal regulations.

C. Contractor shall provide the GR with documentation of proper disposal. See Section 01030 – Submittals of these specifications.

3.04 Salvage by Contractor

A. Any material which has not been indicated for salvage by the Government, and has not been identified as hazardous/regulated material, may be available for salvage by the Contractor.

B. Contractor shall submit a request to salvage specific items to the GR for review and approval.

Without such salvage approval all materials shall be properly disposed of off-site.

SECTION 02222 - EXCAVATION AND BACKFILL

1.01 Work on this item shall consist of the following:

A. Excavation as required to allow access to items to be demolished.

B. Backfill of excavations and void spaces left by the removal of structures and items.

C. Application of seed and mulch to all non-roadway ground areas which are disturbed by the work activities in this contract.

1.02 Existing Utilities

A. The Contractor is responsible for verifying the location and status of all existing utilities (above and below ground).

B. The Contractor shall notify Gopher State One Call (1-800-252-1166 www.gopherstateonecall.org) as required before digging.

C. The Contractor shall be responsible for any damage to utilities caused by the work activities performed under this contract.

1.03 Restrictions and Responsibilities

A. See Section – 01030 – Notification and Submittals.

PART 2 - Materials

2.01 Soil fill

A. All soil fill materials must be brought in from off the work site. No fill material is available on the site or as Government-provided material. .

B. General soil fill – Fill shall be sand or fine gravel which is capable of being compacted to the point of being stable, and which is approved by the GR

2.02 Seed

A. Provide and place a seed mix conforming to MN/DOT 2014 seeding manual: 25-121 Sandy General Roadside

2.03 Mulch

A. Straw mulch

1. Straw mulch shall be clean and weed-free.

2. Straw shall be in air-dry condition and be free from mold or other objectionable material

PART 3 - Execution

3.01 Excavation

A. Limit excavation to the minimum volume required to safely and completely perform the demolition tasks required.

B. Lay back sides of excavations as required by applicable codes and regulations.

C. Schedule work tasks to limit the duration that an excavation remains open to the extent practical.

D. Provide signage, barricades, and other devices as required to protect the public from hazards due to excavation, particularly if excavations are left open after work hours.

3.02 Backfill of excavations and void spaces

A. Excavations and void space left from removed items and structures shall be backfilled with general soil fill unless noted otherwise.

B. The Contractor shall take care to fill any irregular void spaces in excavations on the first lift of soil backfill to the full extent possible.

C. General fill shall be placed in maximum 12" uncompacted lifts. Each lift shall be mechanically compacted or rolled until no signs of compaction are visible before the subsequent lift is placed.

D. Filled areas shall be mounded to a depth of approximately 4" over the adjacent grade. Fill material shall be transitioned or feathered to match the adjacent grades to the OUTSIDE of the limits of the excavation (fill shall be 4" higher than adjacent grade at the edge of the excavation and taper outward from that point).

3.03 Seed and mulch

A. All disturbed soil areas that are not in access routes shall be seeded and mulched. This includes excavated/backfilled areas as well as rutted or scraped areas.

B. Preparation. Rake the filled/disturbed areas perpendicular to the natural flow of surface water to produce furrows having a minimum depth of 2" before applying seed.

C. Apply seed at a rate of 60 lb/acre. Immediately roll/pack seeded areas to ensure seed-soil contact.

D. Apply straw mulch at a rate of 2 tons/acre giving 90% soil coverage

APPENDIX A - SUMMARY TABLE OF MATERIAL DISPOSITION

ITEM, QTY ACTION LOCATION NOTES

EXAMPLE - Roofing material, 15 CY

Disposal in demolition landfill XYZ Landfill, City, State Disposed 10/5/15, load ticket number 1234

EXAMPLE - Timber Roof Beams, 120 LF

Salvaged by contractor City, State No lead paint on these beams

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.acquisition.gov/far/ and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar/html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

Note: Work will be inspected at regular intervals during the progress of the contract. The COR, or his/her designated inspector will inform the Contractor of non-compliance with contract specifications. All deficiencies shall be corrected by the Contractor as directed by the COR.

http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar/html

SECTION F--DELIVERIES OR PERFORMANCE

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.acquisition.gov/far/ and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar/html.

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 approximately June 15, 2015 through November 1, 2015.

Work hours will be during daylight hours, Monday thru Friday. No evening work or Federal holidays or work on weekends will be allowed without written approval of the COR.

FAR 52.212-3 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 30 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire project not later than November 30 of each season. The time stated for completion shall include final cleanup of the premises.

http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar/html

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

PAYMENT: All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

A post award conference with the successful offeror is not required.

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: Qualified grading equipment operator (Specific name(s) to be provided in proposal).

(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

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

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) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (May 2011) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) 52.211-18 Variation in Estimated Quantity (APR 1984)

Alternate I(APR 2011; Alternate II (JAN 2012) 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) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUN 2010) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 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) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-41 Service Contract Act of 1965, as Amended (JUL 2005) 52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.222-54 Employment Eligibility Verification (Jan 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP

2013) 52.223-3 Hazardous Material and Material Safety Data (JAN 1997) 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) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

(MAY 2008)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity – Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-1 Payments (APR 84) 52.232-5 Payments under Fixed-Price Construction Contracts (SEP 2002) 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 (OCT 2008) 52.232-18 Availability of Funds (APR 1984) 52.232-19 Availability of Funds for the Next Fiscal Year 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2008) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 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) 52.236-2 Differing Site Conditions (APR 1984) 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) 52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items (MAR 2009) 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)

52.204-99 -- System for Award Management Registration (DEVIATION)

Except for awards where the Govemmentwide purchase card (GPC) is used as the method of payment, contracting officers shall include the attached clause 52.204-99, System for Award Management Registration, in lieu of FAR clause 52.204-7, Central Contractor Registration, and DF ARS 252.204-7004, Alternate A, Central Contractor Registration.

System for Award Management Registration (August 2012) (DEVIATION)

(a) Definitions. As used in this clause-

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

"Commercial and Government Entity (CAGE) code" means-

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code."

"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 SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

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

(2) The Contractor's CAGE code is in the SAM database; and

(3) 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 Attachment, Page 1 of 4 validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations , or by the Government Accountability Office.

(b)

(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM .

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

(1) A contractor may obtain a DUNS number-

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor 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.

http://fedgov.dnb.com/webform

(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) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to-

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause, or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.

Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(End of Clause)

52.222-39 Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees (Dec 2004)

(a) Definition. As used in this clause-

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information https://www.acquisition.gov/

1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that-

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order;

or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall-

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor- Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B- Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (July 2005)

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 Monetary Wage--Fringe Benefits

Forestry Equipment Operator $12.42 + $4.02 fringe

Forestry Heavy Equipment Operator $20.87 + $4.02 fringe

FAR 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.

FAR 52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The…