AG-82BH-S-16-0029_Solicitation_FY16_Denver_Water.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

82BH

2840 KACHINA DRIVE

ATTN TOINETTE ARANDA

PIKE SAN ISABEL NATIONAL FOREST

USDA FOREST SERVICE

CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR82BH

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/07/2016 1200 MT

08/16/2016

(719)553-1431TOINETTE ARANDA

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-82BH-S-16-0029

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 31 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

PUEBLO CO 81008

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

PUEBLO CO 81008

2840 KACHINA DRIVE

ATTN TOINETTE ARANDA

PIKE SAN ISABEL NATIONAL FOREST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

US Forest Service requirement for FY16 Denver Water Hand Thinning

Project Location: Pike National Forest, South Platte Ranger District, Jefferson County, Colorado

Description of Work: Construction of fuel modification zones including cutting of trees, slashing of shrubs and small vegetation, pruning of residual trees, and related work in compliance with its terms, specifications, and provisions.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

TOINETTE P. ARANDA

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This work will be conducted using hand methods only (chain saw, brush cutter, etc.) tracked or wheeled equipment may not be used for this contract.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

31 2 of

AG-82BH-S-16-0029

FY16 Denver Water Hand Thinning PAGE 3 of 31

SECTION B – SCHEDULE OF ITEMS

BID

ITEM AREA NAME ACRES

WALK IN

DISTANCE

(ft) SPECIES

AVERAG

E SLOPE

MAX/MIN

ELEVATIONS RESTRICTIONS UNIT PRICE TOTAL PRICE

1 Long Scraggy 5A 74 2000 PP/DF 29 6480 - 7120 NONE $ $

1 Long Scraggy 5B 49 2500 PP/DF 32 6600 - 7050 NONE $ $

1 Long Scraggy 5C 33 2500 PP/DF 33 6760 - 7360 NONE $ $

1 Osprey 1A 61 200 PP/DF 35 6280 - 7200 NONE $ $

TOTAL ACRES 217 TOTAL BID ITEMS 1 $

BID

ITEM AREA NAME ACRES

WALK IN

DISTANCE

(ft) SPECIES

AVERAG

E SLOPE

MAX/MIN

ELEVATIONS RESTRICTIONS UNIT PRICE TOTAL PRICE

2 Long Scraggy 4A 66 200 PP/DF 38 6280 - 6680 NONE $ $

2 Long Scraggy 4B 47 200 PP/DF 32 6280 - 6680 NONE $ $

2 Long Scraggy 4C 47 200 PP/DF 36 6280 - 6800 NONE $ $

2 Nighthawk 3A 57 1000 PP/DF 28 6480 - 6800 NONE $ $

2 Nighthawk 3B 142 2800 PP/DF 29 6320 - 7680 NONE $ $

2 Nighthawk 4A 89 3000 PP/DF 33 6400 - 7000 NONE $ $

2 Nighthawk 4B 82 4100 PP/DF 39 6280 - 6860 NONE $ $

2 Osprey 1B 36 700 PP/DF 27 6480 - 7200 NONE $ $

2 Osprey 1C 124 200 PP/DF 35 6280 - 7200 NONE $ $

TOTAL ACRES 690 TOTAL BID ITEMS 2 $

TOTAL ACRES 907 TOTAL BID ITEMS 1 & 2 $

Company Name: _________________________ POC: __________________________________

Phone Number: __________________________ E-Mail: _________________________________

DUNS #_________________________ Fed Tax Id #__________________________________

FY16 Denver Water Hand Thinning PAGE 4 of 31

Schedule Specifications

AREA NAME UNIT #

CURRENT TPA

ALL TREES

CURRENT SPACING

ALL TREES

TARGET SPACING

ALL TREES

MIN SPACING ALL

TREES MIN SLASH

Long Scraggy 5A 163 16’ x 16’ 34’ x 34’ 30’ x 30’ 12”

Long Scraggy 5B 84 23’ x 23’ 32’ x 32’ 29’ x 29’ 12”

Long Scraggy 5C 143 17’ x 17’ 39’ x 39’ 35’ x 35’ 12”

Osprey 1A 103 20’ x 20’ 34’ x 34’ 30’ x 30’ 12”

Long Scraggy 4A 240 13’ x 13’ 30’ x 30’ 27’ x 27’ PILE

Long Scraggy 4B 427 10’ x 10’ 12’ x 12’ 11’ x 11’ PILE

Long Scraggy 4C 379 11’ x 11’ 14’ x 14’ 13’ x 13’ PILE

Nighthawk 3A 193 15’ x 15’ 27’ x 27’ 25’ x 25’ PILE

Nighthawk 3B 325 12’ x 12’ 31’ x 31’ 28’ x 28’ PILE

Nighthawk 4A 221 14’ x 14’ 39’ x 39’ 35’ x 35’ PILE

Nighthawk 4B 311 11’ x 11’ 26’ x 26’ 24’ x 24’ PILE

Osprey 1B 194 15’ x 15’ 34’ x 34’ 30’ x 30’ PILE

Osprey 1C 269 13’ x 13’ 18’ x 18’ 16’ x 16’ PILE

AREA

NAME

BID

ITEM UNIT# ACRES DIA. CLASS

CURRENT TPA in DIA.

CLASS

TARGET

TPA

MAX

TPA

MAX

SLASH DEPTH

Long Scraggy 1 5A 74 0.1-12.0 125 0 6 12”

Long Scraggy 1 5B 49 0.1-12.0 43 0 2 12”

Long Scraggy 1 5C 33 0.1-12.0 117 0 5 12”

Osprey 1 1A 61 0.1-12.0 66 0 3 12”

Long Scraggy 2 4A 66 0.1-8.0 191 0 10 PILE

Long Scraggy 2 4B 47 0.1-3.0 140 0 7 PILE

Long Scraggy 2 4C 47 0.1-3.0 150 0 8 PILE

Nighthawk 2 3A 57 0.1-8.0 82 0 4 PILE

8.1-19.0 110 50 55 PILE

Nighthawk 2 3B 142 0.1-6.0 167 0 8 PILE

Nighthawk 2 4A 89 0.1-12.0 157 0 8 PILE

Nighthawk 2 4B 82 0.1-6.0 145 0 7 PILE

Osprey 2 1B 36 0.1-12.0 156 0 8 PILE

Osprey 2 1C 124 0.1-6.0 139 0 7 PILE

FY16 Denver Water Hand Thinning PAGE 5 of 31

SECTION C – DECSCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

GENERAL INFORMATION

This contract requires construction of fuel modification zones including cutting of trees, slashing of shrubs and small vegetation, pruning of residual trees, and related work in compliance with its terms, specifications, and provisions. This work will be conducted using hand methods only (chain saw, brush cutter, etc.) – tracked or wheeled equipment may not be used for this contract. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals. This portion of Phase 2 of the Upper South Platte Project includes 907 acres of treatment for the required items.

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.

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

Technical Specifications See Section J for statement of work, maps and other pertinent information applicable.

SECTION D PACKAGING AND MARKING

This Section Not Used.

SECTION E INSPECTION AND ACCEPTANCE

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

452.246-70 Inspection and Acceptance. (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

b) Inspection and acceptance will be performed at: On Site.

ADDITIONAL INSPECTION AND ACCEPTANCE REQUIREMENTS

The contractor will be provided information on the inspection sampling methods applied by the Government. The contractor shall monitor their own work for compliance with all contract requirements. The Government will complete inspections for all work included in the contract after notification from the contractor that they have met all contract requirements.

E.1 INSPECTION METHODS

Various fixed plots 1/5 (52.7-foot radius), 1/10 (37.2-foot radius), 1/20 (26.6-foot radius) will be used randomly over the unit, consisting of 1 plot per 10 acres with a minimum of 5 regardless of the unit size. Fixed plot size will be determined by maximum trees per acre and minimum spacing for each unit. The fixed plot radius will be used for inspection of target trees per acre, target spacing, shrub removal, pruning, and to visually inspect compliance with slash treatment requirements. Additional plots may be added as needed to ensure sample confidence intervals are small enough to determine compliance with contract requirements.

E.2 Quality Assurance Plan

E.2.1 Trees per Acre E.2.1.1 Performance Standard Trees per acre, averaged across the treatment unit, shall meet the specified target spacing for each diameter class range (specified in section C.3.6.3).

E.2.1.2 Acceptable Quality Level The acceptable quality level is the minimum spacing requirement, as shown in Table C.3.6.3.

For desirable residuals: The acceptable quality level is 90% compliance with the acceptable range based on the current trees per acre specified for each unit in the general description.

FY16 Denver Water Hand Thinning PAGE 6 of 31

E.2.1.3 Disincentive Trees Per Acre: If the average completed target spacing per unit is below the acceptable minimum spacing range, payment will be reduced 6% for each 2x2 feet spacing below the minimum range. For example, if the inspection indicates 16 feet x 16 feet spacing (Minimum spacing of 20 feet x 20 feet indicated), payment would be at 88%. No payment will be made if the minimum spacing exceeds 5x5 ft. spacing below the minimum range.

For desirable residuals: Payment will be reduced to the actual level if compliance falls below the acceptable quality level. For example, if the inspection indicates 88% compliance, payment would be at 88%. No payment will be made if below 80% for the acceptable quality level.

E.2.2 Shrub Removal

E.2.2.1 Performance Standard All shrubs 2 feet in height or taller shall be cut where they are growing under the drip line of selected leave trees and pulled back a minimum of 4 feet from the tree bole.

In mastication units all shrubs shall be masticated to a 4-6” minimum height. Exceptions will be made where it is not operationally feasible.

E.2.2.2 Acceptable Quality Level Shrub Removal: The acceptable quality level is 95% compliance.

E.2.2.3 Disincentive Shrub Removal: Payment will be reduced to the actual level if compliance falls below the acceptable quality level. For example, if the inspection indicates 93% compliance, payment would be at 93%.

E.2.3 Slash Treatment

E.2.3.1 Performance Standard For Lop and Scatter Units: Residual slash shall be equal to or less than the required depth (12 inches). Stumps shall be cut to a maximum height of 6” measured from the ground level on the uphill side.

For units with hand piling as the required slash treatment, the following specifications apply (unless otherwise specified in C.3.6.3):

• All slash between 1 and 6 inches in diameter and greater than 2 feet in length shall be piled.

• Slash between 3 and 6 inches in diameter shall be bucked into sections no more than 3 feet in length before being piled.

• Trees greater than 6.0 inches in diameter shall be limbed in such a way as to lay the bole on the ground. Bucking of cut material is not required, except where necessary to get the bole on the ground, all bucked logs shall be secure and not able to roll downhill. Logs shall not be placed in stream.

• Piles shall not be placed on top of stumps, logs, or other large (greater than 5 inch diameter) woody material.

• Maximum pile size shall be 10 feet in diameter by 8 feet in height and minimum pile size shall be 7 feet in diameter by 5 feet in height.

• Piles shall not be placed within 66 feet (1 chain) of a perennial stream or ephemeral draw.

• Piles shall not be placed under the drip-line of residual trees or within 15 feet, whichever is greater in distance.

• Piles (edge) shall not be placed within 15 feet of a unit boundary, road, and trail or transmission line right-of-way.

• Piles shall not be within 100 feet of unit boundaries that are adjacent to private property.

E.2.3.2 Acceptable Quality Level For Lop and Scatter, Hand Pile, and Mastication Units: The acceptable quality level is 95% compliance.

E.2.3.3 Disincentive For Lop and Scatter, Hand Pile and Mastication Units: Payment will be reduced to the actual level if compliance falls below the acceptable quality level. For example, if the inspection indicates 93% compliance, payment would be at 93%.

E.2.4 Pruning E.2.5.1 Performance Standard Leave trees shall be pruned to a minimum height of 6 feet, except that a 50% live crown to height ratio shall be retained on any leave trees less than 12 feet in height. Slash shall be pulled back a minimum of 4 feet from the tree bole.

E.2.5.2 Acceptable Quality Level The acceptable quality level is 95% compliance.

E.2.5.3 Disincentive Pruning: Payment will be reduced to the actual level if compliance falls below the acceptable quality level. For example, if the inspection indicates 93% compliance, payment would be at 93%.

FY16 Denver Water Hand Thinning PAGE 7 of 31

SECTION F DELIVERIES OR PERFORMANCE

This Section Not Used.

SECTION G CONTRACT ADMINISTRATION DATA

452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. Contractor Officer Representative (COR) will contact you on time and place of post award conference

G.1 INVOICES & PAYMENTS

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury.

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s).

Itemized invoice shall include at a minimum:

Contractor Name & Address Contract, Task Order or Purchase Order Numbers Project Title Invoice Number Date of services or completion. Description of Services or work completed

G.2 FOREST SERVICE REPRESENTATIVES:

Contracting Officer is Toinette Aranda. The Contracting Officer has full warrant authority over all contract issues.

CO contact info: 719-553-1431 or tparanda@fs.fed.us.

Contracting Officer Representative (COR) will be appointed for this contract upon award. The COR delegated authority, responsibilities and contact information will be defined on a delegation letter issued after contract award. .

G.3 CONTRACT ADMINISTRATION DATA:

1. Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

2. Changes. The Contracting Officer (CO) is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the CO. In the event the Contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

3. Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

4. Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract award and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

5. Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

G.4 PRE-WORK MEETING

Prior to commencement of work, the Contractor will meet with the Contracting Officer to discuss contract terms, work performance requirements and work progress schedules. Also at this meeting such things as sanitation, camping requirements, fire prevention and suppression plans will be developed. The meeting will be held at a time and place determined by the Contracting Officer.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm mailto:tparanda@fs.fed.us

FY16 Denver Water Hand Thinning PAGE 8 of 31

G.5 WORK PROGRESS SCHEDULE

Upon request the Contractor shall be required to present at the pre-work conference (or within 10 days thereafter) 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 Contracting Officer. The schedule may be modified in writing during the course of the contract when conditions warrant it.

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 Contracting Officer 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

G.6 MEASUREMENT

The size, shape, and location of the Treatment Areas were estimated via ArcMap GIS software. Positions of features shown on the maps are approximate and were determined via latitude/longitude coordinates.

Re-measurement Unless otherwise indicated by this contract, the contractor may request re-measurement of any quantities in Part B, when the units are acres or any linear measurement. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If re-measurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of re-measurement and no adjustment will be made in the quantity as stated in Part B. If re-measurement indicates a variance more than five percent from the stated quantity, payment will be based on the re-measured quantity, and the Contractor will not be liable for the costs of re-measurement. All re-measurements will be done by the Government. Re-measurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities

G.7 CONTRACT RELEASE

The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

G8. EVALUATING CONTRACTOR PERFORMANCE

The Department of Agriculture, US Forest Service, Rocky Mountain Region, will begin using the Contractor Performance Assessment Reporting System (CPARS) modules as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both USFS and the contractor.

Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract number(s) and evaluation module assigned. The contractor will have one user account, Contractors are encouraged to visit http://www.cpars.csd.disa.mil/allapps/cpartrng/webtrain/webtrain_all.htm to sign up for the free on-line Contractor Overview training when these sessions are offered. .

Once the evaluation is readied and released, the contractor will receive a email alerting them the evaluation is ready for their review and comment. The contractor will have thirty (30) days to respond to the evaluation. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

NOTE: Unless the contractor provides a different POC to the contracting officer after award, the contracting officer will use the Past Performance Point of Contact (POC) listed in the SAM profile as the default Past Performance POC. This is the person that will receive the above CPARS email alerts.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal Agencies to support future award decisions.

G.5 PAYMENT

The Government will make payment by bid item line item for completed units, unless otherwise approved by the CO.

The contractor may, at any time during the course of the contract, request re-measurement of any project area if he feels that the acreage stated in the contract is incorrect. If re-measurement indicates that a variance of 5% or less exists, the contractor will pay for the actual cost of the re-measurement. Under this condition, payment for the project area will be made on the acreage stated in the contract. If re-measurement indicates the actual variance is greater than 5%, payment for the project area will be based on the re-measured acreage.

http://www.cpars.csd.disa.mil/allapps/cpartrng/webtrain/webtrain_all.htm

FY16 Denver Water Hand Thinning PAGE 9 of 31

SECTION H - SPECIAL CONTRACT REQUIREMENTS

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative, Foreman/Women and Inspector, Project Manager and Field Supervisor.

(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.

H.1 Contractor Representative The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, and understand English, as well as the primary language of the work crews.

H.2 Accident Reporting (Construction/Service) Maintain an accurate record of all work-related accidents resulting in death, injury, occupational disease, or damage to property, materials, supplies, or equipment.

H.3 Injury Notification (Construction/Service) Injuries to workers will be reported promptly to the COR and appropriate contractor personnel. Emergency care for workers while on the job site is a contractor responsibility.

H.4 Fire Prevention and Control (Construction/Service) The contractor shall, both independently and in cooperation with the Forest Service, take all reasonable and practicable action to prevent and suppress fires in the project area using all necessary personnel and equipment at Contractor’s disposal on the site.

The Fire Plan outlines the Contractor’s responsibilities for fire prevention and suppression activities within the Contractor’s project area. For the purposes of this provision, the project area is defined as the area within one half mile (0.5 miles) of the project boundary.

See Fire Prevention and Control Plan – List of Attachments Section

H.5 Camping Permits The Contractor does/does not intend to camp on National Forest lands. Forest Service permits, issued by the District Ranger, will specify restrictions regarding campsite and sanitary provisions. Combustible refuse, resulting from lunches, etc., may be burned if authorized. All noncombustible materials, cans, bottles, etc., shall be removed from Forest land.

H.6 Noxious Weeds The contractor shall ensure that prior to moving on to the National Forest all equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. The contractor shall employ whatever cleaning methods are necessary to ensure that equipment is free of noxious weeds. The contractor shall provide the Contacting Officer with certification, in writing, that all equipment is free of noxious weeds prior to start-up of operations. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection by the Government does not disclose such material.

Disassembly of equipment components or specialized inspection tools is not required. Unless otherwise directed by the CO, the Government will not require the contractor’s equipment to be cleaned before moving to another treatment unit if the contractor is moving directly from one contract unit to another.

H.7 Reporting Alleged Child Abuse Pursuant to the spirit and requirements of P.L. 101-647, Section 225 and 226, the following applies:

Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer’s Representative within 24 hours. The initial report shall be made by phone and shall be followed-up in writing, providing salient points of the allegations.

FY16 Denver Water Hand Thinning PAGE 10 of 31

When such allegations about a contractor employee occur as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another contactor employee. The subject employee will remain away from the work site until an investigation is completed. The Government will not incur additional costs by the Contractor who must provide a replacement employee.

The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.

Any conviction of a sex crime, an offense involving a child victim or drug felony, will be grounds for denying employment or for dismissal of an employee in any position-serving children. Conviction of a crime other than a sex crime may be considered if it bears on an individual’s fitness to have responsibility for the safety and well-being of children. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the NTC and agency involved.

H.8 Safety Plan When required by FAR 52.236-13 Accident Prevention Alt. I, the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in areas of dead trees and falling debris. The Contractor shall identify the specific conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite.

EMPLOYMENT OF ELIGIBLE WORKERS

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 issued by 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 website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour 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 on line CERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

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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 responsibility to ensure the Subcontractor 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 1910 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.

• Firefighting

c) Field Sanitation. OSHA established minimum standards for field sanitation in covered agricultural settings. Refer to Fact Sheet # 51 Field Sanitation Standards under the Occupational Safety and Health Act.

6. Employment Requirements - Fact Sheets with relevant information may be found at http://www.dol.gov/WHD/fact-sheets-index.htm. a) Contractors employing workers in forestry related work are required to comply with wage and payroll standards and recordkeeping requirements. Refer to Fact Sheet #63: Application of Federal Labor Laws to Reforestation found on the DOL Wage and Hour Division webpage.

b) Contractor Employee List. Contractors are required to provide/maintain an active list of all employees performing work on the job site under this contract. The Employee List will identify employees by full name (aliases), supervisory duties if applicable, and appropriate labor Occupation Code for work performed under the Service Contract Act Wage Rates applicable to this contract. If Subcontractors are utilized, all tiers of subcontractor(s) are responsible for providing the same information for their employees to the Prime for submittal to the Contracting Officer.

7. Transportation a) The contractor shall be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. Authorization for each vehicle that will be used to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is applicable. Any driver, who transports workers for a fee or at the direction of the contractor, shall be registered as an FLC or an FLC employee.

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b) See Fact Sheet #50: Transportation Under MSPA, for more information about the vehicle safety standards, driver’s licensing requirements, and vehicle insurance requirements. Note that separate transportation requirements may apply if there are H-2B workers.

8. Housing a) The authorization to furnish housing, other than commercial lodging certified by a health authority or other appropriate agency, must appear on the contractor's certificate. Contractors should contact their local Wage and Hour Division of the DOL for further information on the requirements of the Act.

b) Camping Requirements. The Forest Service (FS) has various camping opportunities. Check with local FS unit for camping requirements, camping permits may be required. Verify local fire restriction policies. If camps will be used to house workers subject to MSPA, they are also subject to the temporary labor camp standards at 29 CFR 1910.142. The Forest Service reserves the right to terminate a camping permit at any time. These requirements are in addition to those contained in or provided for under the clause titled “452.236-72 Use of Premises in this contract. Any violation of these conditions constitutes a breach of contract and may result in revocation of camping approval. i. Every structure used as shelter must provide protection from the elements. Where adequate heat is not provided, make other arrangements to protect workers from the cold. Cut firewood only after a District Firewood Permit is obtained.

ii. The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite location must minimize impacts on streams, lakes, and other bodies of water. Camping is not permitted within developed recreational sites or along primary recreational roads.

iii. The campsite must have a clean appearance at all times. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. Structures or improvements the contractor fails to remove within the 10 calendar day period becomes the property of the United States, however, the contractor remains liable for the cost of the removal and restoration of the site.

iv. Unless otherwise designated by the CO, the use of the area is not exclusive and may be granted to other permittees, contractors, or recreating public. Disorderly conduct is not permitted.

v. Damaging or removing any natural feature or other property of the Forest Service is prohibited.

vi. Servicing of equipment in the campsite is not permissible unless the campsite is within the project area.

vii. Provide sanitary facilities for storing food. Provide ice chests or coolers, with ice supply made from potable water, and replenish as necessary. Provide sufficient storage for perishable food items.

viii. Provide an adequate and convenient potable water supply in each camp for drinking and cooking purposes.

ix. Provide adequate toilet facilities and toilet paper for the capacity of the camp. Service and maintain facilities in a sanitary condition.

x. Collect, store, and dispose of garbage in a manner to discourage rodent access, minimize attraction of flies, and prevent scattering by wind

xi. Maintain basic first aid supplies available, which must be under the charge of a person trained to administer first aid.

The basic supplies must include:

• Gauze pads (at least 4x4 inches)

• Two large gauze pads (at least 8x10 inches)

• Box adhesive bandages (band-aids)

• One package of gauze roller bandage (at least 2-inches in width)

• Two triangular bandages

• Scissors

• At least one blanket

• Tweezers

• Adhesive tape

• Latex gloves, and

• Resuscitation device such as resuscitation bag, airway, or pocket mask.

xii. Wash laundry in such a way that washing and rinsing will not pollute lakes, streams, or other flowing water.

xiii. Dispose waste water away from living and eating areas and in such a way that minimizes pollution to lakes, streams, and other flowing water.

xiv. The contractor shall take all reasonable precautions to prevent and suppress forest fires. Do not dispose of material by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

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xv. If authorized to have an open fire, the Contractor shall comply with the following fire regulations: • A shovel, axe or Pulaski, a 10-quart pail, which is full of water for immediate use, and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required.

• All fire rings or outside fireplaces must be approved by the Forest Service representative. The area must be cleared down to mineral soil for a distance of one foot outside of the ring or fireplace, and it must not have any overhanging material. Fire rings must be dismantled and material disposed prior to leaving the site.

• All generators and other internal combustion engines must be equipped with Forest Service approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in described in the previous paragraph.

• All fuel must be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

c) Include the instructions below, Representations, certifications, and other statements of offerors or respondents. Contractors are required to provide certification of employment status as part of their representations, certifications, and acknowledgements.

SECTION I - CONTRACT CLAUSES

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-7 Anti-Kickback Procedures. (OCT 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2014) 52.204-13 System for Award Management Maintenance. (JUL 2013) 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2014) 52.211-16 Variation in Quantity (APR 1984)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jun 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.

4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

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___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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