AG67T0S164004-RedFeatherStew-v1.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

DATE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

calls)

8. OFFER DUE DATE/

LOCAL TIME

1600 MDT

USDA Forest Service

R2, RMAST

1019 N Fifth St Custer, SD 57730-8214 Email: bjanderson@fs.fed.us Phone No.: (605) 673-9200 x 9323

(WOSB) ELIGIBLE UNDER THE WOMAN-

OWNED SMALL BUSINESS PROGRAM

115310/113110

$19 Million / 500 Employees

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT TERMS

|_|13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. Rating

14. METHOD OF SOLICITATION

Email: @ Telephone No: ( ) - x Albuquerque Service Center – Miscellaneous Payments 101B Sun Ave N E Albuquerque, NM 87109

DUNS:

BELOW IS CHECKED

|X| SEE ADDENDUM

RED FEATHER 4 STEWARDSHIP PROJECT

Please annotate the solicitation number on the outside of your envelope and return your proposal to the address in Block 9 to the attention of the CO listed in Block 7

See attached Schedule of items

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

Amount

SEE ATTACHED SCHEDULE OF ITEMS

32a. QUANTITY IN COLUMN 21 HAS BEEN

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

( ) - x

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|_| PARTIAL |_| FINAL

|_| COMPLETE |_| PARTIAL |_| FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.3/2011) BACK

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL INFORMATION:

Proposals shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension will be requested. Refer to Section L for instructions on preparing your proposal and pricing.

Bonds: Bid Bonds, Payment Bonds, and Performance Bonds are not required for this project.

All Contractors must be actively registered in the System for Award Management (SAM) (https://SAM.gov) to be eligible for award under this solicitation. If not actively registered by time of proposal evaluations, you will be found non-responsive. Registration in SAM is a free service – you do not need to pay to register in this system. If your registration is not active, you will not be considered for award.

B.2 SCHEDULE OF ITEMS

B.2.1 Mandatory Work Activities:

MANDATORY WORK ACTIVITIES

QUANTITY

Item 1 (Units10E,10F 11A,11B,11C, 11H,11L,11Y, 13)

Item 2 (Units10E,10F 11A,11B,11C, 11H,11L, 11Y,13)

Item 3 (Unit 11I)

Item 4 (Unit 11I)

B.2.2 Optional Work Activities: (None) B.2.3 Timber/Product Removal Price Schedule:

(FLAT)

TOTAL OFFER

Note: These schedules are for pricing/payment purposes. See Instructions to Offerors for business proposal requirements.

NOTE: Price Proposals MUST be provided on ALL Items in Schedules: Mandatory Work and Option Work Activities and Timber or other products Removal Price Schedule. Unit prices prevail.

B.3 LAND MANAGEMENT ACTIVITIES.

Performance of land management activities shall be in accordance with Section C – Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule B.2.1 will be made in Stewardship Credits in lieu of cash, as defined in Section G. All Mandatory Work Activities listed above are required to be performed in accordance with Appendixes.

SECTION C – PROJECT DESCRIPTION AND WORK SPECIFICATIONS

C.1 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.2 PROJECT DESCRIPTION

(a) Description of Work – The Red Feather Fuels Reduction Project is located on the Canyon Lakes Ranger District of the Roosevelt National Forest encompassing the area indicated on the Project Area Map (which includes the Contract Area Map). Land management objectives for the project area include:

· Improve Forest Health – Provide growing space for healthy trees and reduce fuel loadings

· Utilize Timber or other products – Provide wood resource to forest product industry.

To accomplish these objectives, the contract includes the following components: stand clearing/thinning, mechanical fuels reduction, snag and down wood management, piling of fuels and removal of timber or other products.

(b) Resulting Contract – Any resultant contract will be a commercial stewardship services contract with requirements for timber removal. Exchange of goods (timber) for services is expected.

(c) Project Location – The Red Feather 4 Stewardship contract area is located approximately 3 miles south of Red Feather Lakes Village, Colorado on the Canyon Lakes Ranger District. The legal location for the harvest units is T9N, R73W, Sections 4,5,6,7,8,9,10,17 and 18, 6th P.M. Larimer County, Colorado.

C.3 SPECIFICATIONS:

Specifications for each Stewardship Activity individually described by an item number in Schedule B pages can be found in Appendix A. Specifications for timber removal can be found in Appendix B. Road Maintenance plans and specifications can be found in Appendix C.

C.4 CONTRACT AREA MAP:

The boundaries of Subdivisions or Payment Units and any cutting units thereof, are as shown on the attached "Contract Area Map," which is made a part hereof, and were, before solicitation, designated on the ground by Forest Service to meet the anticipated needs of the parties. The location of the Subdivisions or Payment Units and their approximate acreage are stated in Division A/AT. Subdivisions or Payment Units may be revised and additional ones may be established only by written agreement of both parties. Where applicable, the following are also identified on Contract Area Map:

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause(s) contained in Section I of the contract.

Log Load Receipt Books

C.6 OPERATING PLAN AND SCHEDULE:

The Contractor will provide a detailed timeline of when the contract requirements will be accomplished while conforming to the requirements within Section F.5. The operating plan should indicate the sequence of activities that will take place to accomplish the tasks described within the solicitation, Appendix A, Appendix B, and Appendix C including proposed start and completion dates. The operating plan and schedule should contain the following elements:

· The Contractor shall provide a contractor representative and alternate in their absence whose responsibility shall be on ground direction and supervision of contractor operations. This representative and alternate must fluent in both conversional and written English.

· A list of employees/personnel working on this contract identifying each by the Occupational Code/Job Title for the work as it applies to this contract under the applicable Service Contract Act wage rate.

· All Subcontractors must also provide a list of all employees/personnel working on this contract identifying each by their Occupational Code/Job Title as it applies to this contract under the applicable Service Contract Act wage rate.

Depending upon how the contractor proposes accomplishing the activities within the solicitation, the Operating Plan and Schedule may be developed by indicating when and how all work activities within individual units will be completed, when and how individual tasks will be completed, or a combination of when and how units or tasks will be completed. The contractor should be able to display through an operating plan and schedule that all of the contract activities will be accomplished in a timeline that will meet the contract requirements.

C.7 SUSTAINABLE ACQUISITION:

The Contractor shall comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

In compliance with FAR Part 23.4 through performance of this contract, the Contractor shall make maximum use of EPA designated and USDA designated biobased in accordance with FAR clause 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts and 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible in the performance of this contract without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. Information about this requirement and a catalog of products are available at the BioPreferred Web Site (www.biopreferred.gov/biopreferred).

The Contractor shall utilize products and material to the maximum extent possible in the performance of this contract from EPA’s list of designated products and the accompanying recommendations for post-consumer content and recovered materials content in the following eight categories: Construction products, Landscaping products, Nonpaper Office Products, Paper and Paper Products, Park and Recreation products, Transportation Products, Vehicular Products, and Miscellaneous Products.

Compliance with the USDA Biobased requirements requires Contractors to report the purchase of biobased products under service and construction contracts through the System for Award Management (https://www.sam.gov/portal/SAM/%231) and provide a copy of the report to the Contracting Officer.

C.7.1 Sustainable Products Identified For This Solicitation:

The following is a list of categories for biopreferred products and EPA products that that may be used in the performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

C.7.1.1 BioPreferred Products Examples:

a Diesel Fuel Additives

(1) Any substance, other than one composed solely of carbon and/or hydrogen that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use.

(2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20). 90% - Minimum Biobased Content.

b Hydraulic Fluids - Mobile Equipment Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes. 44% - Minimum Biobased Content.

c Penetrating Lubricants Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Biobased Content.

d Greases - Truck Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots. 71% - Minimum Biobased Content.

e Gear Lubricants Products, such as greases or oils, that are designed to reduce friction when applied to a toothed machine part (such as a wheel or cylinder) that meshes with another toothed part to transmit motion or to change speed or direction. 58% - Minimum Biobased Content.

f Fuel Conditioners Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system. 64% - Minimum Biobased Content.

g 2-Cycle Engine Oils Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear. 34% - Minimum Biobased Content.

C.7.1.2 EPA Designated Products Examples:

Plastic trash bags, printer ribbons, toner cartridges, print & writing papers, Traffic Barricades, Traffic Cones, Engine Coolants, Rebuilt Vehicular Parts, Re-refined lubricating oils, retread tires, manual grade strapping, signage, sorbents.

C.8 DEFINITIONS:

Acceptable Quality Level (AQL): The allowable leeway or variance from a standard before the government will reject the specific service. An AQL does not say that the contractor may knowingly offer defective service. It implies that the government recognizes that defective performance sometimes happens unintentionally. As long as the percent of defective performance does not exceed the AQL, the service will not be rejected by the government. The contractor, however, must re-perform the defective service when possible.

Biobased Products: See Sustainable Acquisitions Contracting Officer (CO): Individual with authority to bind the government with their signature on the contract.

Contracting Officer Representative (COR): Individual(s) designated to act on the behalf of the CO within the delegation given them in writing.

Period of performance (also Performance period or Contract time): All calendar days allowed for completion of contract work. Includes all days of the week including weekends and holidays.

Quality Assurance: Those actions taken by the government to check goods or services to determine that they meet the requirements of the Statement of Work (SOW).

Quality Assurance Surveillance Plan (QASP): An organized written document used for quality assurance surveillance. The document contains information about how the government will assess performance, checklists, and may contain decision tables.

Quality Control: Those actions taken by a contractor to control the production of goods or services so that they will meet the requirements of the Performance Statement of Work. Refer to Inspection and Acceptance in clause 52.212-4 and Contractors Quality Control Plan as described in Section E.

Quality Control Plan: Contractors plan for self-monitoring work prior to Government inspection and acceptance. See Section E.

Random Sampling: A method of looking at a few individual items in a lot to determine the quality of that lot against a standard.

(Acceptable) Service: A job performed to the standard and within the acceptable quality level. The contractor must do the specific job, and meet the standard, and meet the acceptable quality level before one can say that performance has been acceptable and that he/she should be paid.

Standard: An acknowledged measure of comparison.

Stewardship Contracting: An exchange of goods/products for services including construction.

Sustainable Acquisitions (FAR Part 23.4 – Use of recovered materials and biobased products)

a. Biobased Products: Managed by the U.S. Department of Agriculture (USDA), the goal of the BioPreferred program is to increase the purchase and use of biobased products. The BioPreferred program was created by the 2002 Farm Bill and reauthorized and expanded as part of the Agricultural Act of 2014 (the 2014 Farm Bill). The program's purpose is to spur economic development, create new jobs and provide new markets for farm commodities. The increased development, purchase, and use of biobased products reduce our nation's reliance on petroleum, increase the use of renewable agricultural resources, and contribute to reducing adverse environmental and health impacts. Information on biobased/biopreferred products can be found at the BioPreferred Site. The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts and the provision at FAR 52.223-1, Biobased Product Certification.

b. EPA-designated items: Products that are or can be made with recovered material. The Comprehensive Procurement Guideline (CPG) program is part of EPA's continuing effort to promote the use of materials recovered from solid waste. Buying recycled-content products ensures that the materials collected in recycling programs will be used again in the manufacture of new products. See FAR 52.223-17 Affirmative Procurement of EPA-designated items in Service and Construction Contracts.

C.8.1 Technical Definitions – See Appendices.

SECTION D – PACKAGING AND MARKING

There are no clauses in this section.

SECTION E - INSPECTION AND ACCEPTANCE

General Clauses and Provisions Pertaining To All Items

E.1 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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

E.2 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E.2.1 Quality Control Plan. The Contractor shall provide a general Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within 7 days before start work based on items awarded to the Contractor and Government comments. The contractor shall conduct quality control inspections on all aspects of work. Field inspections shall be performed on each sub-item listed in each task.

The general Quality Control Plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. The Plan shall describe how quality will be monitored to assure the performance standards are met, the supervision of crew and work, and personnel that will be performing the quality control. Quality control shall include monitoring quality while work is in progress, residiual tree protection and other associated tasks, such as sample plots of thinning and subitems.

E.2.2 Contractor Quality Control Inspection At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data. Inspection procedures must provide the following information:

E.2.2.1 Plot Inspections. Where the unit of measure is per acre, the Contractor shall maintain a plot system that provides an unbiased sample of tasks listed in Appendix A Section IV – Performance Requirements Summary.

The plot system shall be consistent with method of work. The Contractor shall sample at least 1% percent of the unit, with a minimum of 3 plots per unit.

a. Plots shall be marked and identifiable on the ground, this includes plot numbers and visible flagging.

b. The Contractor shall provide inspection sheets and a sketch map of the unit with plot locations to the Government. Inspection sheets shall be signed and dated by the person who conducted the inspection and shall certify that the inspection records are complete and accurate.

E.3 ACCEPTANCE

The Contractor’s shall provide a written request for inspection and submit inspection sheets in accordance with the Quality Control Plan (QCP). The Government will conduct an inspection and up to one re-inspection for each unit. If the contractor fails to meet the minimum Acceptable Quality Level (AQL), the contractor shall rework the unit. Anytime more than two inspections are required per unit, the contractor may be assessed for additional inspections, which will include mileage and hourly rate of the COR. If follow-up inspections indicate that the minimum AQL was not met, the work will be deemed unsatisfactory and a deduction in payment may result (Section G-3.4). Acceptance may be made for all or portions of work.

E.4 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance specific to individual items will be found in Appendix A.

SECTION F - DELIVERIES OR PERFORMANCE

General Clauses and Provisions Pertaining To All Items

F.1 52.252-2 CLAUSE 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 address: http://www.acquisition.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The Contractor shall be required to (a) commence work under this contract in accordance with the accepted operation plan; starting work when the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire project including final cleanup of the premises by October 1, 2018.

See Section F.4 below for special contract time and performance restrictions concerning the performance of work on this contract. Additional restrictions on the Scheduling of Work for resource protection, etc. may be addressed in the Technical Specifications.

F.3 AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The effective period of this contract is from 10/01/2016 through 10/1/2018. The normal operating season is July 15 through November 1 annually.

(End of Clause)

F.4 SPECIAL CONTRACT TIME AND PERFORMANCE RESTRICTIONS

The Contractor shall perform this contract according to the following restrictions. Additional performance restrictions may also be found in the Technical Specifications and/or on contract maps.

F.5 SCHEDULES AND REPORTS

Contractor shall provide the following submittals as stated below unless otherwise mutually agreed upon. The Contractor shall update all submittals as needed, or as required by the CO, but in no case less than once per calendar year on a date specified by the Contracting Officer:

All schedules and reports shall be submitted to the Contracting Officer, unless the Contracting Officer directs the Contractor to submit any schedules or reports directly to the Contracting Officer’s Representative.

SECTION G – CONTRACT ADMINISTRATION DATA

General Clauses Pertaining To All Items

All linear and area measurements under this contract are measured on a horizontal plane.

G.3 PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber or other products will not completely offset the value of the work to be performed. Payment shall only be made under this clause to the extent that the work performed will not be offset by the timber or other products value during the contract period. When payment is made to the contractor for work performed, it will be made in accordance with FAR 52.212-4 Contract Terms and Conditions-Commercial Items (i) – Payments and 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (See clause 52.212-5). Submit certification G.8 with all invoices.

Contractor Certification under G.8 is required to be submitted with all invoices. Invoices are to be submitted to the Contracting Officer with a copy to the designated COR:

The value of work completed and timber or other products removed will be documented in a Stewardship Statement of Account produced by Timber Sale Accounting (TSA) monthly when harvesting operations are underway.

G.3.1 Payment Reductions G.3.1.1 Payments for tasks meeting stated minimum Acceptable Quality Level (AQL) or above The Government expects to receive quality services. The minimum AQL is required to achieve a satisfactory performance rating. Full payment will be made for final work meeting at least identified AQL and above (As identified in Appendix A, Section IV.)

G.3.1.2 Payments for task results between 1% and 10% below minimum AQL If the task deliverable cannot be reworked to achieve the minimum required AQL, payment of 90% of the unit price will be applied to tasks falling between 1% and 10% below identified AQL.

Example - 85% AQL is achieved on task with 90% AQL requirement (5% below minimum AQL.) Unit price is $10,000.00 10,000 x 85% = 8,500 price to be paid for unit.

G.3.1.3 Payments for task results between 11% and 20% below minimum AQL If the task deliverable cannot be reworked to achieve the minimum required AQL, payment of 90% of the unit price will be applied to tasks falling between 11% and 20% below identified AQL.

Example - 75% AQL is achieved on task with 90% AQL requirement (20% below minimum AQL.) Unit price is $10,000.00 10,000 x 90% = 9,000 x 75% = $6,750.00 price to be paid for unit.

G.3.1.4 Payments for task results below 21% minimum AQL If the task deliverable cannot be reworked to achieve the minimum required AQL, payment of 80% of the unit price times the actual AQL received will be made for AQL falling below 21% required AQL.

Example - 68% AQL is achieved on task with 90% AQL requirement (AQL is 22% below minimum AQL.) Unit price is $10,000.00 10,000 x 80% = 8,000 x 68% = $5,440.00 price to be paid for unit.

G.3.2 Re-Inspection Costs If rework of task(s) is required, the Contractor will be assessed the costs incurred by the Government in performing such activities. One inspection will be authorized at each of the draft stages and one at the final report stage.

· Any resubmittals of drafts will be re-inspected and will accrue re-inspection costs.

· If final report requires rework the resubmittal will be re-inspected and will accrue re-inspection costs.

The table below lists charge rates for Government re-inspection of work.

*Mileage reimbursement rate in effect January 1, 2016 is $.54 per mile. Mileage rates change periodically and the most current mileage rates for assessed damages at the time will be used. Most current mileage rates can be found at the General Services Administration website: http://www.gsa.gov/portal/category/104715.

G.3.3 Final Payment - Release Of Claims The Government shall pay the amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed invoice; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

G.4 INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

G.5 PRODUCT PAYMENT GUARANTEE

To guarantee payment for product in advance of cutting, Contractor may earn Stewardship Credits in advance of cutting, or provide a product payment guarantee in the form of an acceptable surety payment bond, irrevocable letter of credit (ILOC), cash, or a deposit in a Federal Depository negotiable securities of the United States.

Any earned stewardship credits and product payment guarantee together will maintain a minimum unobligated balance equal to the applicable charges for product the Forest Service estimates will be cut or removed in not less than 30 calendar days and not more than 60 calendar days, plus the value of any outstanding charges for product removed.

Securities shall be deposited through the Contracting Officer accompanied by a power of attorney and agreement authorizing the bond-approving officer to sell or collect such securities if payment is not made within 15 days of billing by Forest Service. The penal sum of such surety bond or the market value at time of deposit of such negotiable securities shall be the maximum amount of the payment guaranteed.

Product payment guarantee for a single contract shall be provided utilizing Form FS6500-12 Payment Bond.

Blanket Payment Bond:

a. Contractor may furnish an acceptable bond, or deposits securities, to guarantee payment for product from multiple contracts. Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for product payment guarantee.

b. The amount of such bond or deposited securities shall be allocated to such contracts by the Forest Service. The Contractor shall provide the contact information for the Forest Service representative administering the blanket payment bond to the Contracting Officer. The Forest Service representative administering the blanket payment bond will provide the Contracting Officer with documentation showing the allocation to this contract.

c. When there is to be no product cutting or removal hereunder for 30 days or more and payment of current charges has been made, the allocation to this contract may be reallocated to other contracts at Contractor’s request.

d. Payment guaranteed with acceptable blanket payment bond for multiple contracts shall be provided utilizing Form FS-6500-12a Blanket Payment Bond.

G.6 STEWARDSHIP CREDITS

Stewardship Credits are credits that are earned and established when work listed in the B.2 Schedule of Items has been performed and accepted. Stewardship credits shall be earned at the rate as shown in the Schedule. Earned credits may be used to pay for timber or other products value included in Schedule B.2.3. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

G.7 ESTABLISHMENT OF STEWARDSHIP CREDITS

Notwithstanding references to payments in “Payment” clauses of this contract, payment for Stewardship Activities will be made with Product Value or other funding as indicated in the award document.

Stewardship Credits will be established on a monthly basis. Stewardship credits will be established for the number of units of each activity that have been completed and accepted. Acceptance may be for all, or a reasonable portion of, any specific activity.

Stewardship credits will not be established for work that is in progress that has not been accepted by the Forest Service. No credits will be established for work performed for sawtimber harvesting and removal.

G.8 CONTRACTOR CERTIFICATION

Contractor will submit certification with every invoice and monthly, as Stewardship Credits are established. The Contractor shall furnish the following certification indicating if for invoice, stewardship credit or both. Credit will not be received if certification is not submitted.

CONTRACTOR CERTIFICATION

|_| - Invoice and/or |_| Stewardship Credit Earned

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

G.9 EXCESS STEWARDSHIP CREDITS

In the event there are excess (unused) established Stewardship Credits when all of the included timber or other products has been cut and removed the Forest Service, at its option, shall either add more timber or other products or make cash payment for the unused credits.

G.10 EXCESS TIMBER OR OTHER PRODUCTS VALUE

In the event the value of the included timber or other products exceeds the total value of all of the mandatory activities plus the ordered optional activities, the Contractor shall make cash payment for the excess timber or other products value.

G.11 REFUND OF EXCESS CASH

If at any time the credit balance of the Stewardship Statement of Account exceeds the charges for timber or other products removed to date and for timber or other products that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess from cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made. After a refund, deposits shall be made to meet the requirements of the clause entitled, “PRODUCT PAYMENT GUARANTEE” before additional timber or other products may be cut.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

General Clauses and Provisions Pertaining To All Items

H.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at the Canyon Lake Ranger District, 2150 Center Ave. Building E, Fort Collins, CO, and will include discussion of contract terms and work performance requirements, work progress schedule and fire prevention/suppression and safety plans.

(End of Clause)

H.2 AGAR 452.236-72 USE OF PREMISES (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

(End of Clause)

a) Labor standards for contracts involving H-2B workers or migrant and seasonal agricultural workers

1. General This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

If workers are hired under the H-2B program (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification with the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC’s website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour’s website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (“H-2B worker”) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis.

i. A worker, moving 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.

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes:

· Spouse

· Children, stepchildren, or foster children

· Parents, stepparents, or foster parents, or

· Brothers and sisters

c) Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

3. Registration Requirements

a) Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Employment & Training Administration‘s on line iCERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

b) Any contractor who meets the definition in (2.iii.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration (http://www.dol.gov/whd/forms/fts_wh530.htm). The contractor shall carry the certificate at all times while engaged in contract performance and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined as an FLC in paragraph (2.iii.) must have their own FLC Employee Certificate. General information about MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www.dol.gov/whd/regs/compliance/whdfs49.htm.

4. Certifications The Contractor shall provide applicable H-2B Temporary Employment Certificate or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements. Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime Contractor. It is the Prime Contractor’s responsibility to ensure the Subcontractor’s information is provided to the Contracting Officer.

5. Worker Protections

a) Worker Information Posters

i. A contractor who uses the H-2B program to meet its temporary employment needs must post and maintain the H-2B poster (WH-1505) in a conspicuous location accessible to workers at the job site.

ii. The contractor shall display and maintain the MSPA poster (WH-1376) on the job site in a conspicuous location accessible to workers during the contract performance period.

b) Personal protective equipment

i. 29 CFR Subpart I, OSHA's General Industry personal protective equipment (PPE) standard, contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

ii. Before a worker begins operating equipment, the contractor shall train the workers on the safe operation and use of the equipment.

iii. The contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, wherever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes:

· Head Protection

· Hearing Protection

· Eye/Face Protection

· Leg Protection

· Foot Protection

· Hand Protection

iv. PPE must be sanitary and in reliable condition. Do not use defective or damaged PPE. PPE must be inspected prior to use on each work shift to ensure it is in serviceable condition.

v. A checklist of applicable PPE guidelines typical for the work performed under this contract is provided. This does not relieve the contractor of the responsibility of performing a risk assessment or providing the necessary PPE for their operations. Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or OSHA 3151-12R 2003 Personnel Protective Equipment Booklet.

· MSPA – Forestry Working…