AG-63A9-S-16-0013EZSitePrepContract_160509.docx

Contents

SECTION K—REPRESENTAIONS AND CERTIFICATIONS

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS -- 2016 Base Year The following is an estimate of the work that the Superior National Forest expects to complete in 2016 or winter of 2017. Actual award will be subject to availability of funds.

(Post-harvest)

(Post-harvest)

MSAWPA REGISTRATION NUMBER

Technical questions, contact:

Rich Kujawa – Gunflint & Tofte Ranger Districts (218) 355-0434 Jason Bramstadt – Gunflint & Tofte Ranger Districts (218) 663-8606

Contracting questions, contact:

Clark Bartelt, Contracting Officer – Superior National Forest Supervisor’s Office, Duluth (218) 626-4353 Mechanical Site Preparation – East Zone, Superior National Forest

SECTION C -DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF WORK

This contract requires site preparation in compliance with its terms, specifications, and provisions. It is the intent of this contract to secure site preparation services required for the Superior National Forest for the BASE year of 2016, with options to renew for the years 2017, 2018, 2019 and 2020. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government-Furnished), and incidentals to perform all work necessary for site preparation.

Information on type of work and number of acres will be provided to the Contractor along with other performance requirements as early as June 1. The actual number of acres and sites where the work will occur may vary depending upon funding and priority. Also, due to the nature of the work and the unknowns that may be encountered, changes in acreage of units shown above can be expected. After reviewing alternate areas with the Contractor, the Contracting Officer’s Representative (COR) reserves the right to substitute, at the contract price, the same type and amount of work in other areas similar in topography and conditions within the Ranger District boundaries shown on the maps in lieu of the original areas when it is determined by the COR that the original areas or portions thereof are unsuitable or unavailable for performance of the specified work. Equipment movement of more than 5 miles from the nearest boundary of the original area to the substitute areas will be paid for at rates mutually agreed upon between the Parties.

If renewal of this contract will not be exercised, the Government will notify the Contractor on or before February 1, of the year affected by the non-renewal notice.

The Government will place the initial order for site preparation services as early as June 1 2016. Task orders will contain the number of acres, type of site preparation, Location Maps, and/or Activity Lists.

LOCATIONS AND DESCRIPTIONS

All sites are located on the East Zone of Superior National Forest in northeast Minnesota (see Attachment B). The Superior National Forest is divided into two Zones and five Ranger Districts:

· East Zone

· Gunflint (GUN), District office in the city of Grand Marais

· Tofte (TOF), District office in the town of Tofte

· West Zone

· Kawishiwi (KAW), District office in the city of Ely

· LaCroix (LAC), District office in the town of Cook

· Laurentian (LAU), District office in the town of Aurora

Individual Location Maps and/or Activity lists in Task Orders will show project location, access to area, plus other pertinent information. Vicinity maps will show all Site Prep Location Map Units on a District.

Most units have road access, however some locations may have limited access and/or require snow plowing. Roads will be County roads, Forest Service specified, or temporary roads. Temporary roads may need to be opened before site preparation treatments can begin and shall be reclosed for the unit to be accepted by the COR (see more in General Specifications).

RESTRICTION ON WORK

Work may be performed at any time during the period of the contract, except as outlined in this part. Restrictions are as follows:

· Access is restricted by State or Forest Service Closure Order.

· When the COR (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

· Work is suspended by notice of a Work Order for non-compliance with requirements of this contract.

· The Contractor shall plan on poor weather days when work can’t be done or will be slowed. The Government reserves the right to stop the Contractor’s work if it is determined that weather is unsuitable and quality cannot be assured (ex. snow depth results in stump heights greater than 6 inches).

· Some site prep activities have seasonal restrictions. The “Definitions” section describes seasonal restrictions. Task Orders will outline site-specific restrictions.

WORK PROGRESS SCHEDULE

The Contractor shall be required to present with their signed task order a written plan of work providing for the orderly and timely completion of the contract requirements. This plan is subject to the approval of the COR. The plan should present when the Contractor intends to start and complete the bid items on each of the Districts and how many pieces of equipment will be operating at one time. The schedule may be modified during the course of the contract when conditions warrant it, per COR discretion.

After work has been started, it shall proceed according to schedule while work conditions are satisfactory. The COR is responsible for determining when conditions are satisfactory.

If the work progress falls behind schedule, the Contractor shall take such action as necessary to ensure that the timely completion of the contract is not jeopardized. In addition, the COR may require the Contractor to submit a revised plan of work showing how he intends to complete the project on time and in compliance with all contract requirements.

Any failure of contractor-owned equipment that renders it inoperable will be promptly reported to the COR. The Contractor shall have it repaired or furnish a suitable replacement within 72 hours or within a timeframe approved by the COR.

Mobilization of equipment with operator to the point of hire and from the release point will be at Contractor’s expense with no cost of mobilization to the Government.

Equipment used for the mechanical site prep shall be equipped with a Forest Service approved spark arrestor, safety canopy and a serviceable fire extinguisher.

SUPERINTENDENCE BY THE CONTRACTOR (FAR 56.236.6) (APR 1984) (DEVIATION)

At all times during performance of this contract and until work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the COR and has the authority to act for the Contractor.

All work under this contract shall be performed in a skillful and workman-like manner. The COR may require in writing that the Contractor removes from the work any employee the COR deems incompetent, careless, or otherwise objectionable.

The Contractor’s onsite representative shall be fully conversant in the English language, spoken and written, sufficient to read and understand the contract, and communicate effectively with COR.

Site preparation work shall be performed in an organized manner.

KEY PERSONNEL

Key personnel are those personnel (Project Manager, on-site representative, quality control inspector etc.) considered essential for successful completion of this contract. All key personnel shall be identified in the Contractor’s Technical Proposal.

The Contractor agrees that assigned key personnel shall not be removed, substituted, or reassigned to another task without the written concurrence of the COR. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed personnel change and any additional information requested by the COR. Proposed substitutes should have comparable qualifications to those of the persons being replaced. If the COR determines that suitable replacement of key personnel is not feasible or that the reduction of effort would be so substantial as to impair the successful performance of the work, the Contractor may be subject to default action under the affected task order(s) or the contract. Ultimate approval/disapproval to replace key personnel is the responsibility of the COR.

Site prep Location Maps and/or Activity Lists will specify the type of site prep work and acres. The Contractor or designated foreman should discuss with the COR if further instruction is needed for site-specific prescriptions.

DEFINITIONS

DBH (diameter at breast height) – Diameter of the trunk of the tree measured at 4.5 feet above the ground level on the uphill side of the tree.

Dry soil season - When the ground is dry and will not easily rut. If dry soil season is required, work without dry soil conditions must be approved by the COR before any operations can begin. Generally the normal dry period is between July 1 and September 15.

Frozen soil conditions - When the ground is frozen to a depth that will support equipment. If frozen soil conditions are required, work without frozen ground conditions must be approved by the COR before any operations can begin. Generally the frozen period is between December 1 and March 15.

Leave tree – Any tree that is required to be left standing as provided in the specifications (same as a reserve tree).

Merchantable – For this site prep contract, merchantable is equal to or greater than 5 inches DBH.

In some units, merchantable trees (≥5” DBH) may be cut, and in some cases they may be cut and removed. Task Orders will clearly state whether merchantable trees may be cut and/or removed.

For retaining submerchantable trees, Task Orders or COR will state if particular species should be preferred for leaving or cutting.

Operate around areas with heavy tree cover and avoid damage to standing merchantable trees. COR may identify trees that require a 10-foot no-treat buffer to protect boles and roots, for instance seed trees.

Post-harvest Units - These sites have been logged and have varying amounts of standing overstory trees. Some sites may also contain these standing overstory trees as orange painted reserve trees. Site boundaries are marked with painted boundary trees or flagging. These units are typically full planted or seeded, and it is generally expected that the entire unit will be treated unless it is determined to be inoperable as agreed upon with the COR.

COR may identify trees that require a 10-foot no-treat buffer to protect boles and roots, for instance seed trees.

Reserve area – An area designated to be left undisturbed, typically identified on the ground with flagging or painted trees.

Scatter - Move and rearrange slash concentrations to achieve an even slash depth across a site required in the contract.

Slash – Limbs and trunks of downed trees.

Snags – Standing dead trees.

Workable Areas - Workable refers to areas where the ground can be manipulated to the desired result. Workable areas are typically less than 35% slope.

Workable areas exclude:

· Reserve areas and any areas identified by the COR.

· Areas described in General Specifications or Individual Treatment Specifications

· Streams, rock outcrops, and non-forested wetlands, and small low/wet inclusions.

Workable areas may also exclude areas in between individual leave trees as agreed upon with the COR.

In post-harvest units, the workable area is typically the harvested area.

Unworked areas that are one acre or larger will be deducted from payment. Acres will not be replaced if dropped for operability reasons, unless approved by the COR.

TASKS AND CRITICAL SUB TASKS

This part of the contract identifies the critical tasks and subtasks required in the contract. It also specifies the quality standard of each task and related subtask, as well as the acceptable quality level for each task and related subtask, the means of measuring the level of quality and any penalties or incentives associated with the level of quality.

Each time a new operator starts on this contract, at the job site immediately prior to the start of operations, the Contractor or his designated foreman shall discuss the following specifications with operators:

· Work Methods

· General Specifications

· Individual Treatment Specifications

· Road Use and Maintenance

· Resource Protection

· Special Considerations

WORK METHODS

Contractor's operations must proceed in an orderly manner to facilitate inspection. Unless approved otherwise by the COR, the Contractor will restrict operations to one site at a time. The Contractor must notify the COR 48 hours prior to moving the Contractor’s crew to work on another District.

The Contractor shall provide equipment that is suitable for the job. Machine operators and assistants and other key personnel shall be required to comply with all Federal, State and Local codes.

GENERAL SPECIFICATIONS

The Contractor shall adhere to the following specifications for all site prep work unless there are specific supplemental specifications:

Sanitation

There will be no trash (oil, rags, wrappers, etc.) left on National Forest System land by the contractor or his/her employees.

Quality Standard: No trash is in site prep units.

Leave Trees

Live trees with a diameter of 5 inches or larger will be left standing unless necessary to provide access, ensure operability, or for operator safety. In these situations, cutting live trees 5 inches and larger must be pre-approved by the COR.

Any tree with a painted band will be left standing. No trees marked with paint or flagging shall be cut or knocked over. The goal is to have 100% of painted trees left, but 95-100% is acceptable.

Leave all snags possible standing in harvest areas unless required to be felled for safety reasons.

Monumented trees and corners will be left standing. Contractor shall use every precaution to prevent damage to trees that are to be protected. Excessive damage will be considered unacceptable and will result in no payment of site/unit. Monument tree damage will be assessed by a Surveyor/Engineer.

Operate around areas with heavy residual and avoid damage to standing trees.

Task Orders may have specific requirements for which species are to be preferred for leaving and cutting.

Quality Standard: All trees 5 inches or larger are left standing, unless otherwise described in the task order. All trees with flagging or painted trees are left standing.

Soils, Wetlands, and Rutting

Avoid creating ruts greater than 6” deep. Rutting will be considered excessive when more than 5% of the surface area of a unit is impacted. Rutting on slopes greater than 18% will require water barring as approved by the COR.

Slash will not be pushed onto non-forested wetlands.

Streams and standing water will be avoided at a minimum of 25 feet.

Quality Standard: Less than 5% of a site is impacted by rutting. No slash is on wet, lowland, or transitional soils. Streams and standing water is buffered by 25 feet.

Slash

The preferred method of dealing with slash is to have multiple small piles across the site, instead of have a few very large piles. Placement of debris for piling during raking or shearing operations will be decided between the Contractor and the COR.

If slash and woody debris are abundant on the site, small piles and windrows are acceptable. The tractor operator shall break up piles greater than 10 feet by 10 feet to allow for exposure of forest soils to ensure proper reforestation. Piles are preferred to wind rows as they facilitate burning better if need be. Piles will be less than 5% dirt and rock (may be more than 5% in non-harvest site prep units with approval from the COR). All areas between the piles will be treated. In visually sensitive areas such as locations with recreation use nearby, piles will not be allowed without COR approval.

If hazardous fuels reduction objectives are required operator will minimize the amount of dirt and rock in piles. Piles should burn cleanly and thoroughly. The COR may require the operator to roll the pile over to remove excess dirt and rock.

When windrows are necessary, a break equal to the width of the tractor blade/rake will be placed in the windrow, at an interval of every 150 feet. Windrows may be less than 150 feet wide but shall be spaced properly to include a “break”. Windrows will be bunched from all sides. Less than 5% of windrows may be mineral soil.

No trees, alive or dead, will remain standing in piles or windrows.

Piles and windrows shall be no closer than 50 feet from any road, trail or work unit boundary. No piles and windrows shall be made within 25 feet of standing snags or clumps of standing timber.

Quality Standard: Piles are 10 feet by 10 feet or smaller. Less than 5% of piles and windrows have rock or soil. Windrows have a “break” every 150 feet.

Tractors

If a tractor used for site prep is a crawler type, it should be equipped with track pads having grousers in good condition.

COR may require two tire chains with rubber-tired skidder. These tire chains will be used unless it can be shown that operation is just as effective without them.

For mechanical site prep operations the contractor will have to provide a tractor with a minimum of 140 flywheel horsepower.

Quality Standard: Tractors have enough power to safely and effectively move earth and debris.

Temporary Access Closure

If the Contractor creates access to a unit from a Forest Service, County, or other road, the Contractor will effectively block access trails to motorized traffic upon completion of work. This may include moving rocks (embedded 1/3 of their depth), stumps, small balsam and spruce where available nearby (transplanted into road bed), and/or slash randomly placed 50 feet from the trail entrance for a minimum distance of 200 feet or to the end of the seen area to ensure that passage does not seem feasible and is not attempted. See Attachment A for an illustration below.

If the Contractor uses a road originally built by a timber purchaser, the Contractor will restore the road to its condition before site prep operations (i.e., decommissioned temp road, barricaded), unless the Task Order specifies otherwise.

Quality Standard: Temporary access trails are effectively closed to motorized traffic.

Equipment cleaning

Contractor shall not move any Off-Road Equipment that last operated in an area that is infested with one or more invasive species of concern 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 or the presence of invasive species of concern is unknown, the Forest Service will assume that it is infested with seeds of invasive species of concern. Operations will cease until proper cleaning measures and COR inspection has taken place.

Contractor shall not unload/move any Off-Road Equipment onto contract areas PRIOR to having it inspected by the COR or other designated Inspector. Inspections will occur on the trailer before equipment is unloaded onto Forest Service land. COR or Inspector shall have 2 days, excluding weekends and federal holidays, to inspect equipment after it has been made available for inspection. During the winter shearing and winter rock rake operations, equipment is still expected to be reasonably clean prior to operations. Equipment hauled off site to do other work will need to be re-cleaned and re-inspected, prior to continuing work on Forest Service property.

In addition, prior to moving Off-Road Equipment from a contract site 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 COR of measures taken to clean Off-Road Equipment and arrange for COR prior to such equipment being placed in service or moved from contract sites infested with invasive species of concern to units that are free of such invasive species.

A list of invasive species of concern is available at the Forest Supervisor’s Office. A map showing the extent of known infestations on the Superior National Forest is available at the Forest Supervisor’s Office.

Quality Standard: All equipment used on site is free of weed seeds before arriving.

INDIVIDUAL TREATMENT SPECIFICATIONS

The Contractor shall adhere to the following technical specifications for all projects unless there are specific supplemental specifications:

Winter Shearing

Mechanically prepare sites by shearing and piling, by use of a crawler tractor with a straight dirt blade, KG blade, or other blade approved by the COR. Winter shearing may only be done with ground frozen deep enough to support equipment and snow is not too deep so brush and slash can be effectively moved. Work outside of this period must be approved by the COR before any operations can begin. Site conditions, including snow depth, may lead to the COR to request switching to a rake blade.

If this site prep is concurrent with harvest, take advantage of snow pack from logging equipment that should maximize the effects of shearing on the site.

Objectives of winter shearing are to reduce slash height, provide better conditions for conifer seed germination and reduce competition from brush and sometimes balsam fir. Treat the area to provide an adequate seed bed, planting spots, or hardwood suckering.

Some locations may require snow plowing for access, and plowing could be needed for a considerable distance.

Quality Standard: 100% of workable area is effectively treated.

Tractor Scarification

Mechanically scarify sites and pile slash with a crawler tractor with a rock rake blade as specified below.

Task Orders will spell out seasonal or soil condition limitations.

Objectives of these treatments are to scarify the ground to expose mineral soil and control competing vegetation. On average, rock rake teeth will work the soil to a depth of 3-4 inches. Scarify the area to provide an adequate seed bed or planting spots.

If hazardous fuels reduction objectives exist, balsam fir will be crushed and /or raked across workable area to an above ground depth of 3 feet or less.

Tractor will be equipped with a rock rake blade that is capable of piling slash, brush and sprouts. There should be at least 8 teeth, more than 12 inches long on the rock rake blade. Rock rake blade must be in good working condition. A rock rake blade in good condition will have rake teeth at least 50% or more of their original height. Teeth with less than 50% of their original height will be replaced.

The teeth of the rock rake blade should run to a depth of 3-4” beneath the surface of the ground to allow for mixing of organic and mineral soil. Mineral soils will be exposed but organics will not be scraped off of the site or will only be displaced a short distance.

Quality Standard: 100% of workable area is effectively treated.

ROAD USE AND MAINTENANCE

All roads leading into each project area are to be kept open and free of any debris that may occur as a result of the work. All existing roads used by the Contractor shall be left in the same condition, or better, as when the operation started. Prior to the start of work, the Contractor and COR will review and document existing road conditions to provide a basis for maintenance needs.

Damage done to roads and trails in the project areas shall be repaired immediately by the contractor at the Contractor’s expense.

All snow plowing of forest roads or freezing of winter roads for access will be the Contractor’s responsibility. Contractor shall create ample turnouts (road intersections) on Forest Service roads, when snow plowing. Excessive gravel in plowed snow banks will be considered one form of road damage. Roads must be plowed from ditch line to ditch line, with no snow left on shoulder.

Quality Standard: Roads free of debris and in same or better condition as when the operation started.

RESOURCE PROTECTION

Streams, Lakes and Reservoirs

The Contractor shall take every precaution to prevent pollution from fuels, oils, chemicals, silt or other harmful materials of any stream, lake or reservoir located in or near the contract areas.

All streams shall be kept free of Contractor-generated debris.

Archaeological/Historical Resources

The Contractor, upon discovery of suspected archaeological or historical materials, shall cease work in the vicinity of such material and immediately notify the COR.

Areas of significant wildlife value

Areas of significant wildlife value will be left if they are encountered. These may include pockets of wildlife shrubs of high value or advanced pockets of regeneration such as conifer. Smaller equipment may be used to meet the objectives, e.g., salmon blade, as agreed to with the COR, to protect these areas.

Fire prevention and control

Depending on the local fire danger conditions, the contractor will require that smoking and lunch or warming fires be confined to established camps or to designated safe places. On high or extreme fire danger days, the contractor or his/her employees will be required to patrol the work area for a one hour period after the equipment has been shut down for the day. A working fire extinguisher is required on the equipment being operated.

Damage to government buildings, equipment, and reserve trees

In accordance with FAR Clause 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984), the Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on Government property. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the COR directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

For the purpose of this clause, damage to protected trees will result in a $50 payment reduction per damaged tree. Cost for damage to monumental tree damage will be assessed at actual cost to the Government.

SPECIAL CONDITIONS

Any special conditions will be noted on location map and task order.

SECTION D – PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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 address:

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

52.246-1 Contractor Inspection Requirements. (APR 1984)

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

SITE VISIT

Potential contractors for specific projects are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the costs of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

INSPECTION AND ACCEPTANCE

All equipment furnished by the Contractor will be inspected prior to start of work to insure compliance with the specifications.

Upon completion of the work, the Contractor shall notify the COR that work on the area is completed. If the completed work is accepted, the Contractor shall proceed with work on the next area. If the work is not accepted, the Contractor shall complete any remedial work required for acceptance prior to commencing work on the next area. Multiple areas may be worked only under agreement with the COR.

The COR or inspector will make visual inspections to check for compliance with contract specifications. Inspection plots may be taken if the visual inspections indicate that the work quality may not be acceptable.

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

SECTION F - DELIVERIES OR PERFORMANCE

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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 address:

http//www.arnet.gov/far/farqueryframe Search for: Full Text Clauses.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE NUMBER

DATE

TITLE

52.242 - 15

52.242 - 17

AUG 1989

APR 1984

STOP-WORK ORDER GOVERNMENT DELAY OF WORK

AGAR 452.211-74 PERIOD OF PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

PAYMENT

Payment will be made at the contract unit price per acre and by the number of acres completed, less any adjustments or corrections.

Contractor will prepare an invoice at the completion of each item (partial payments) or and the end of the contract (full payment) and payment will be processed at that time.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVES

Rich Kujawa – Gunflint & Tofte Ranger Districts (218) 355-0434 Jason Bramstadt – Gunflint & Tofte Ranger Districts (218) 663-8606

Inspectors may be designated by the Contracting Officer Representative.

GOVERNMENT-FURNISHED PROPERTY

The Government MAY provide the following of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Global Positioning Systems (GPS) Unit, Garmin hand held device

SECTION H - 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): http://www.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html

(End of clause)

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

The effective period of the base year of this contract is for one year from the date of award. Option years, should they be exercised, are also effective for one year periods. Specific periods of performance will be identified on each issued task order.

INCENTIVE/DISINCENTIVE CLAUSE

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.

SECTION I - CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This IDIQ, and any resultant orders placed against it, 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):

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

2011)

2011)

2003)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

52.204-7 System for Award Management. (FEB 2012)

(a) Definitions. As used in this clause— “System for Award Management (SAM) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

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

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number 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; and

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

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

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

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

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror 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 offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information: (i) Company legal business.

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

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical). (v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(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 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. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(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) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov or by calling 1-888-227-2423, or 269-961-5757.

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

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It Is Not A Wage Determination.

Employee Class Monetary Wage--Fringe Benefits

Forestry Aid: GS-3 $10.46 plus fringes Forestry Tech: GS-5 $13.14 plus fringes Forestry Tech: GS-9 $19.92 plus fringes

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 10 days from the date of acceptance by the Government. This notice shall state either-

(1) That the Contractor shall correct or re-perform 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 re-perform, it shall be at no cost to the Government, and any services corrected or re-performed 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 re- perform, 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.

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

OFFEROR:

EMAIL: TIN: DUNS:

2. GOVERNMENT: ADMINISTRATIVE CONTRACTING OFFICE:

USDA FOREST SERVICE

MN Shared Services Contracting Unit Clark Bartelt, Contracting Officer 8901 Grand Avenue Place Duluth, MN 55808-1122

3. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor under this contract will be made in accordance with Electronic Funds Transfer (EFT) methods referenced in this solicitation. All required information must be current in the System for Award Management (SAM) at https://www.sam.gov//. To inquire on payment status once a contract has been awarded, contact the Miscellaneous Payments Section of the National Finance Center at 1-800- 421-0323.

A. INVOICES: Invoices shall be submitted in arrears, no advance payments will be authorized.

B. GOVERNMENT DESIGNATED BILLING OFFICE ADDRESS: All invoices from the Contractor shall be mailed to the appropriate District Office in addition to being submitted to the Internet Payment Platform (IPP) at IPP.GOV. Instructions will be provided to awarded contractors upon request:

USDA FOREST SERVICE

SUPERIOR NF – GUNFLINT RANGER DISTRICT

ATTN: RICH KUJAWA

2020 WEST HIGHWAY 61

GRAND MARAIS, MN 55604

USDA FOREST SERVICE

SNF – TOFTE RANGER DISTRICT

ATTN: JASON BRAMSTADT

7355 W HWY 61

TOFTE MN, 55615

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award, unless otherwise mutually agreed. The conference will be held at a mutually agreed upon time and location.

CONTRACTING OFFICER’S REPRESENTATIVE

A Contracting Officer’s Representative (COR) will be designated to administer each contract.

SECTION J - SPECIAL CONTRACT REQUIREMENTS

POTENTIAL SAFETY HAZARDS

The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all inclusive. The Contractor shall certify that his/her Safety Plan conforms to the requirements of OSHA. The Safety Plan certification shall be submitted prior to commencing work on the project. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazards. A check in the box means the hazard applies for the Safety Plan.

Confined space entry

Blasting

Suspended loads

Tree climbing and/or tower climbing

Electrical hazard

Snowmobile safety

FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire undocumented workers. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and wildland firefighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be…