AG-6392-16-S-0003_Sol.pdf

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

UNDER DPAS (15 CFR 700) 1 40 PAGES

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

AG-6392-S-16-0003

SEALED BID (IFB)

02/19/2016

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.

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 03/21/2016

(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 DATEIS 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-16-0003

Chippewa National Forest

Disk Trenching, Harrow, and HydroAxe Work

Solicitation Notes:

1. The Government anticipates one or more contracts will be awarded to offeror(s) whose proposal is (1) technically acceptable and (2) offers the best value to the Government. The technical evaluation factors of experience, past performance, available resources, and quality control in total, are of more importance than price. Please refer to section M (evaluation factors for award).

2. If multiple awards are made, each of the multiple award contractors shall be provided a fair opportunity to be considered for each task order. If multiple awards are made, contractor selected for the work to be completed will be determined by location, availability, performance under previous task orders, and price. The Government does not guarantee any equality of orders to be place with each multiple award contractor.

3. Section J identifies an attachment for initial 2016 task order(s) that may be awarded to one or more of the offerors that is selected for the IDIQ contract. Future task orders will be competed amongst the IDIQ contract awardee.

Individual Task Order pricing requests under this contract will have their own schedule of items and current Wage Rates.

4. Changes have been made to the specifications from previous years. Please review the requirements of this solicitation for changes to the specifications that may have been made.

***TO BE CONSIDERED FOR AWARD, PROPOSALS SHALL INCLUDE:

- A completed SF-33

- A completed Section K

- A technical proposal in response to Section M

- A completed Attachment A, B & C (Task Order Pricing Request for the service you can provide)

5. Bidders shall enter UNIT PRICE, and TOTAL for each BID ITEM that they’re interested in to be considered responsive to this solicitation. Non-responsive bids will not be considered and will be rejected.

6. 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.

7. 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 52.204-7 listed in Section I.

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 against IDIQ contracts awarded as a result from this solicitation totaling a minimum of $2,500, but not in excess of $2,500,000.

NOTE:: Proposals may be emailed, mailed or hand delivered. Proposals received via fax will not be accepted. Physical mailing address and email address are located on the first page SF33.

Disk Trenching, Harrow, and HydroAxe Work

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Disk Trenching, Harrow, and HydroAxe Work on Chippewa National Forest

Blackduck, Deer River, and Walker Ranger Districts

Please indicate which Service(s) you’re interested in below by entering a Price.

If you’re not interested in bidding on a certain line item please enter N/A for not applicable.

IDIQ Contract 2016 – 2021, Base year with four options

SCHEDULE OF ITEMS

ITEM

NO

SUPPLIES/SERVICES QUANTI

TY

UNIT UNIT

PRICE

AMOUNT

001 EZ Power Disk trenching site preparation

270 Acre

002 WZ Power Disk trenching site preparation

37 Acre

TOTAL

ITEM

NO

SUPPLIES/SERVICES QUANTI

TY

UNIT UNIT

PRICE

AMOUNT

003 EZ Hydro axe mowing 23 Acre

004 WZ Hydro axe mowing 362 Acre

TOTAL

ITEM

NO

SUPPLIES/SERVICES QUANTI

TY

UNIT UNIT

PRICE

AMOUNT

005 EZ “Harrow” Work, scarification 408 Acre

006 WZ “Harrow” Work, scarification 311 Acre

TOTAL

Disk Trenching, Harrow, and HydroAxe Work

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

GENERAL SPECIFICATIONS

C.1 SCOPE OF CONTRACT

The Contractor shall furnish all equipment, labor, materials, supervision and incidentals necessary to perform Site Preparation on the Chippewa National Forest in a skillful professional manner.

Travis Jones and Linda Burke will serve as the COR’S. Travis will act as the COR for the East Zone (EZ) and Lind Burke will serve as the COR for the West Zone (WZ) of the forest. See Attached Map

C.2 DESCRIPTION AND LOCATION

All sites are located on the Chippewa National Forest. The attached vicinity map shows the general locations.

Sites will range from harvested green timber sales to non-harvested stands and travel routes. Site specific maps that locate and show sites in more detail will be provided upon award.

All areas included in the SCHEDULE OF ITEMS are located in recently harvested or salvaged areas. Within these areas there will be pine and hardwood stumps and heavy slash from harvesting activities. Some project areas contain some residual standing vegetation including conifer, birch, maple, and oak, these trees will be protected. Most sites have orange boundary paint around units. Follow the orange painted boundary unless site boundary is flagged or painted in some other color of designation as directed by the COR.

C.3 PERFORMANCE REQUIREMENTS

The contractor will be required to furnish a qualified operator capable of performing in a skillful professional manner.

POWER DISK TRENCHING L/I 001&002

C.1 SCOPE OF CONTRACT

The Contractor shall furnish all equipment, labor, materials, supervision and incidentals necessary to perform Disk trenching site preparation with in the Chippewa National Forest.

C.2 DESCRIPTION AND LOCATION

All sites are located on the Chippewa National Forest, east and west zone will be identify along with description and location of task order.

C.3 TECHNICAL SPECIFICATION

Equipment must be rubber tired and in good operating condition. Equipment shall have a fire extinguisher and safety canopy. The contractor shall assume all costs of operation and maintenance.

The tractor must be equipped with the following characteristics:

1. The discs must be hydraulically driven.

2. The discs must have hydraulic down pressure and also a float position.

Disk Trenching, Harrow, and HydroAxe Work

3. Discs speed must be automatic adjusting to different ground speeds.

4. Discs must be capable of functioning independently of each other.

5. Discs must be adjustable for trench width.

Trenches should be approximately eight feet apart. All disking will follow the natural contour whenever possible to minimize erosion. The Contractor will work with the COR to mitigate rutting and if necessary rehabilitate unacceptable rutting. Rutting should be prevented and confined to less than 5% of an activity area. Unacceptable rutting will be defined as, “Relatively continuous tracks dominantly in excess of 6 inches deep and 10 feet long.”

Unworkable areas may include, but are not limited to rock outcrops, stream channels, piling areas, occasional clumps of trees, areas with adequate conifer regeneration and naturally wet areas which do not lend themselves to equipment work. Unworkable areas may be left after agreement by the COR or his/her representative.

Trees < 4.5 inches diameter at breast height (DBH) and smaller may be pushed over while disking. Any tree with a painted orange slash or band will be left standing. All trees alive or dead with a diameter of 8 inches or larger will be left standing. Operation in stands shall not unnecessarily, negligently, or willfully damage residual merchantable trees. If unacceptable damage occurs, work may be stopped until the contractor has displayed how the work can continue within acceptable standards.

Contractor shall protect all known survey monuments, witness corners, reference monuments and bearing trees against avoidable destruction, obliteration, or damage during the contractor's operation.

Contractor shall assume all risk of loss or damage to his equipment for the duration of contract.

No roads or trail will be left blocked by slash or debris resulting from contractors operations. Upon completion of each site and prior to moving to the next site, all trash, rubbish, and debris generated by contractor’s operation shall be removed from National Forest Lands. Damage done by the Contractor to roads, access routes and trails in the area of the work shall be repaired by the Contractor, at no cost to the government.

Hydro Axe Mowing L/I 003 & 004

C.1 SCOPE OF Work

The Contractor shall furnish all equipment, labor, materials, supervision and incidentals necessary to perform Hydro axe mowing of woody vegetation with in the Chippewa National Forest. Including but not limited to: site preparation, and road side clearing, in compliance with the terms, specifications, conditions and provisions of this contract

C.2 DESCRIPTION AND LOCATION

All sites are located on the Chippewa National Forest, east and west zone will be identify along with description and location of task order.

C.3 TECHNICAL REQUIREMENTS

Hydro axes of various sizes and horsepower may provide acceptable results. Acceptable results are the total removal of all stems less than 8" (except those designated to be saved) to a stump height of 12 inches or less shrubby vegetation shall be mowed to 4 inches or less. Submitted bids must specify equipment to be used.

Disk Trenching, Harrow, and HydroAxe Work

C.4 PERFORMANCE REQUIREMENTS

Hydro axe mowing: Shrubby vegetation on all sites will be mowed to 4 inches or less where ground conditions and slash allow. Trees 5 inches and greater shall be mowed to a height of 12 inches or less. Operator will avoid wet areas that may result in soil compaction by equipment. Trees within the units that are greater than 8" in diameter will be saved. All Conifers on sites will be saved unless directed otherwise by the C.O.R.

Road side clearing: Shrubby vegetation within 5 feet of the road edge will be mowed to 4 inches or less where ground conditions and slash allow. Trees 5 inches and greater shall be mowed to a height of 6 inches or less.

Operator will avoid wet areas that may result in soil compaction by equipment. All slash and debris will be removed from the road.

Contractor shall protect all known survey monuments, witness corners, reference monument, bearing trees and infrastructure against avoidable destruction, obliteration, or damage during the contractor's operation. The Contractor will work with the COR to mitigate rutting and if necessary rehabilitate unacceptable rutting. Rutting should be prevented and confined to less than 5% of an activity area. Unacceptable rutting will be defined as, “Relatively continuous tracks dominantly in excess of 6 inches deep and 10 feet long.” Unworkable areas may include, but are not limited to rock outcrops, stream channels, piling areas, occasional clumps of trees, areas with adequate conifer regeneration and naturally wet areas which do not lend themselves to equipment work.

Unworkable areas may be left after agreement by the COR or his/her representative.

FLYING DEBRIS SIGNS MUST BE POSTED IN BOTH DIRECTIONS (when operating along travel routes).

No roads or trail will be left blocked by slash or debris resulting from contractors operations. Upon completion of each site and prior to moving to the next site, all trash, rubbish, and debris generated by contractor’s operation shall be removed from National Forest Lands. Damage done by the Contractor to roads, access routes and trails in the area of the work shall be repaired by the Contractor, at no cost to the government.

“Harrow” Work L/I 005 & 006

C.1 - SCOPE OF WORK

The services covered in this contract are for the furnishing of all labor, equipment, supervision, transportation, operating supplies and incidentals, except as provided in Section G; and performs all work necessary to accomplish a wide variety of mechanical disking with Forest Service provided disk (Chippewa Harrow) including but not limited to: site preparation, scarification, road obliteration, and fire line rehabilitation, in compliance with the terms, specifications, conditions and provisions of this contract. Contractor is responsible for all mobilization costs associated with movement of the Harrow. Harrows can be stored at successful bidder’s primary business location during duration of contract with written approval.

C.2 DESCRIPTION AND LOCATION

All sites are located on the Chippewa National Forest, east and west zone will be identify along with description and location of task order.

C.3- TECHNICAL SPECIFICATIONS:

Site preparation, scarification: Use of the “Chippewa Harrow” will be used on a wide variety of sites, however, most acres will be in post-harvest logging sites. The use can and will vary greatly and those uses will be on each task order with specifications listed. Sites will be rough with many stumps, residual trees and slash. Primary use

Disk Trenching, Harrow, and HydroAxe Work will be for soil scarification (site prep) for artificial and natural seeding and for planting. Some units to be ‘Harrowed’ may need slash or vegetation manipulation prior to disking to achieve acceptable scarification and vegetation control. These units will be identified in each individual task order. Slash and vegetation manipulation includes, but is not limited to: raking/orientation of slash to facilitate disking or mowing of advanced regeneration to enable more effective disking. All scarifying will follow the natural contour whenever possible to minimize erosion. 60% of all areas within unit boundaries will receive treatment, however, 30% of the most suitable areas within the unit will receive double disking (i.e. #, cross hatch pattern) at approximately a 90° angle unless mutually agreed in writing to orient the double disking in some other configuration.

The Contractor will work with the COR to mitigate rutting and if necessary rehabilitate unacceptable rutting.

Rutting should be prevented and confined to less than 5% of an activity area. Unacceptable rutting will be defined as, “Relatively continuous tracks dominantly in excess of 6 inches deep and 10 feet long.” Unworkable areas may include, but are not limited to rock outcrops, stream channels, piling areas, occasional clumps of trees, areas with adequate conifer regeneration and naturally wet areas which do not lend themselves to equipment work.

Unworkable areas may be left after agreement by the COR or his/her representative.

Hardwood trees 3 inches and smaller, except oaks, may be pushed over while disking. All residual conifer species will be left standing. Any tree with a painted orange slash or band will be left standing. All trees alive or dead with a diameter of 8 inches or larger will be left standing. Operation in stands shall not unnecessarily, negligently, or willfully damage residual merchantable trees, nor damage desirable young regeneration. If unacceptable damage occurs, work may be stopped until the contractor has displayed how the work can continue within acceptable standards. Contractor shall protect all known survey monuments, witness corners, reference monuments and bearing trees against avoidable destruction, obliteration, or damage during the contractor's operation. Contractor shall assume all risk of loss or damage to his equipment for the duration of contract. No roads or trail will be left blocked by slash or debris resulting from contractors operations.

Road obliteration: Roads to be obliterated will be harrowed for a determined length as defined in the task order so that the road bed is no longer compacted to a depth of not less than 6 inches. When completed the road should not be useable to motorized vehicles. This may require pulling slash and debris into the corridor and mixing them into the soil. An open area of not more than 3 feet may be left to accommodate foot travel.

Fire line rehabilitation: Fire lines to be obliterated will be harrowed for a determined length as defined in the task order so that the area fire line is no longer compacted to a depth of not less than 6 inches. When completed the fire line should not be useable to motorized vehicles. This may require pulling slash and debris into the corridor and mixing them into the soil. An open area of not more than 3 feet may be left to accommodate foot travel.

Upon completion of each site and prior to moving to the next site, all trash, rubbish, and debris generated by contractor’s operation shall be removed from National Forest Lands. Damage done by the Contractor to roads, access routes and trails in the area of the work shall be repaired by the contractor at no cost to the government.

C.4 - CONTRACTOR-FURNISHED PROPERTY

The contractor shall furnish all equipment and incidentals to accomplish each individual task as spelled out on the task orders which must be approved by the Contracting Officer's Representative prior to use. An articulating tractor must be used of equal to or greater than tractor specifications provided in the request for proposals.

Equipment shall have a Forest Service spark arrestor, fire extinguisher and a safety canopy. The Contractor shall assume all cost of operation and maintenance. Any failure of the Contractor owned equipment which renders it inoperable, will be promptly reported to the COR. The Contractor shall have it repaired or replaced within 72 hours.

Disk Trenching, Harrow, and HydroAxe Work

C.5- NON-NATIVE INVASIVE SPECIES (NNIS):

Areas, known by Forest Service prior to contract advertisement, that are infested with invasive species of concern will be shown on unit maps. A current list of invasive species of concern and a map showing the extent of known infestations is available at the Forest Supervisor’s Office.

Contractor shall not move any Off-Road Equipment, which last operated in an area that is infested with one or more invasive species of concern onto contract areas without having first taken reasonable measures to make each such piece of equipment free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds.

Contractor shall identify the location of the equipment’s most recent operations. If the prior location of the Off- Road Equipment cannot be identified, Forest Service will assume that it is infested with seeds of invasive species of concern.

In addition, prior to moving Off-Road Equipment from a contract unit that has been shown to be infested with seeds of invasive species of concern to any other unit that is indicated as being free of invasive species of concern, Contractor shall again take reasonable measures to make each such piece of equipment free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds.

Contractor must advise the Contracting Officer’s Representative of measures taken to clean Off-Road Equipment and arrange for Contracting Officer’s Representative inspection prior to such equipment being placed in service or moved from contract units infested with invasive species of concern to units that are free of such invasive species. Contracting Officer’s Representative shall have 2 days, excluding weekends and federal holidays, to inspect equipment after it has been made available for inspection.

Disk Trenching, Harrow, and HydroAxe Work

SEECTION D--PACKAGING AND MARKING

D.1 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

Note: The main or parent contract number of the IDIQ will have “C” for the contract indicator in the number.

Task Orders will have a similar number format but will have a “D” in place of the “C”.

Disk Trenching, Harrow, and HydroAxe Work

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)

E.1- Inspection will be made on a unit by unit basis, no payment will be made if specifications as listed in the specific task order have not been met.

http://www.arnet.gov/far/

Disk Trenching, Harrow, and HydroAxe Work

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 ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

AGAR 452.211-75 Effective Period of the Contract. (FEB 1988)

The effective period of this contract is from the date of the award through one year (Base year). Option years, should they be exercised, are also effective for one year periods. Specific periods of performance will be identified in Task/Delivery Order awards.

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from May 01, 2016 through April 30, 2017 for the base year. Upon the Government’s discretion to award, Option Years 1, 2, 3, and 4 period of performance will be from May 1 through April 30 of each year. Time will commence when given a Notice to Proceed for each year.

Period of performance: IDIQ Contract

• Base Year: 01 May 2016 thru 30 Apr 2017

• Option year 1: 01 May 2017 thru 30 Apr 2018

• Option year 2: 01 May 2018 thru 30 Apr 2019

• Option year 3: 01 May 2019 thru 30 Apr 2020

• Option year 4: 01 May 2020 thru 30 Apr 2021

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 10 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.

Performance of work above the minimum acceptable standard will result in a favorable performance rating for future work with the Government and positive consideration for Option Year awards.

Poor Performance will result in an unfavorable past performance rating for future Government contracts and negatively affect consideration for Option Year awards.

Disk Trenching, Harrow, and HydroAxe Work

SECTION G - MEASUREMENT AND PAYMENT

AGAR 452.215-73 Post Award Conference (NOV 1996)

If 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: a location to be determined by the Government.

G.1 - GOVERNMENT FURNISHED PROPERTY:

The government shall provide contractor with a Front mount Rome 36” “Scarifying disk”. Disk is 5 ft. wide and has a weight of approx. 7000 lbs. And is know as “CHIPPEWA HARROW” Disk is fabricated to mount to a Pettibone PM 800. For use other than a Pettibone tractor an adaptor plate would need to be fabricated at the contractor’s expense.

G.2 – PAYMENT:

Payment will be made at the contract's unit price for actual number of acres shown in the Task order, unsatisfactory performance will result in non payment or redoing a site at contractors expense.

G.3 - PAYMENT FORMS:

Contractors are requirer to submit their invoices electronic on the invoice processing platform (IPP).

www.ipp.gov

G.4 – DAMAGE TO GOVERNMENT FURNISHED PROPERTY:

Damage to Government furnished property (Chippewa Harrow) that is outside the normal use will be the responsibility of contractor. Normal use means operating disk within contracted areas in a professional manor with proper maintinance.

Any damage incurred while hauling to or from contracted sites or during storage will be the responsibility of contractor.

Any damage incurred by unqualified opperators will be the responsibility of contractor.

Any damage incurred by negligent use during opeation will be the responsibility of contractor.

Any damage determined to be the contractor’s responsibility will be repaired to original condition within 2 weeks of damage at the expense of the contractor.

Disk Trenching, Harrow, and HydroAxe Work

G.5 – INSURANCE REQUIREMENTS

(a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy. Employer’s liability coverage of at least $100,000 shall be required.

(b) General liability. Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile liability. Automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

Disk Trenching, Harrow, and HydroAxe Work

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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/

52.228-5 -- Insurance -- Work on a Government Installation (Jan 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective --

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

AGAR 452.228-71 – Insurance Coverage (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of

Disk Trenching, Harrow, and HydroAxe Work all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

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.

Disk Trenching, Harrow, and HydroAxe Work

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) 52.209-2 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.usda.gov/procurement/policy/agar.html

Disk Trenching, Harrow, and HydroAxe Work

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 (DEC

2007) 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)

Disk Trenching, Harrow, and HydroAxe Work

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

Disk Trenching, Harrow, and HydroAxe Work

(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

Disk Trenching, Harrow, and HydroAxe Work

(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

Disk Trenching, Harrow, and HydroAxe Work 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)

52.216-18 – Ordering. (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 01 May 2013 through 30 Nov 2013 for the base period, 01 May 2014 through 30 Nov 2014 for option year one (1), 01 May 2015 through 30 Nov 2015 for option year two (2), 01 May 2016 through 30 Nov 2016 for option year three (3), and 01 May 2017 through 30 Nov 2017 for option year four.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 -- Order Limitations. (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000, the Government is…