AG-82CS-S-15-0013.pdf

AG-82CS-S-15-0013

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 38

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

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

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

06/19/2015 X

82CS

SAN JUAN NATIONAL FOREST

ATTN GDOMINGOS

15 BURNETT COURT

DURANGO CO 81301-3647

1400 MT 07/21/2015

GINGER R DOMINGOS 970

gingerdomingos@fs.fed.us

385-1245

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X

X

X

X

X

X

X

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X

X

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PAGE(S)

GINGER R. DOMINGOS

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

1-2

4-9 11-12

16-23

25-33

34-36

37-38

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-82CS-S-15-0013

(A) (B) (C) (D) (E) (F)

NOTE: Prebid to be held on July 9th,2015, meeting at the Pagosa Ranger District at 0930 MT.

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

TURKEY SPRINGS FUELS REDUCTION PROJECT Page 3 of 38 Solicitation No. AG-82CS-S-15-0013

Section B - Schedule of Items

Item Description Estimated Quantity Unit Unit Price Total

1 Unit 8 31 ACRES $__________ $____________

2 Unit 14 182 ACRES $__________ $____________

3 Unit 16 64 ACRES $__________ $____________

4 Unit 18 101 ACRES $__________ $____________

5 Unit 19 63 ACRES $__________ $____________

6 Unit 21 147 ACRES $__________ $____________

7 Unit 25 139 ACRES $__________ $____________

8 Unit 29 17 ACRES $__________ $____________

9 Unit 37 78 ACRES $__________ $____________

10 Unit 60 65 ACRES $__________ $____________

TOTAL 887 $____________

Please complete the following with your proposal:

Contact Phone Number: ______________________________________

Contractor DUNS No. _____________________________________

Check One:

___ Attached 52.204-8 (Section K)

___ Completed SAM Online

Offerors may submit email proposals as responses to this solicitation. Email proposals are subject to the same rules as paper proposals. The email is: gingerdomingos@fs.fed.us mailto:gingerdomingos@fs.fed.us

TURKEY SPRINGS FUELS REDUCTION PROJECT Page 4 of 38

Section C - Statement of Work

C.1 GENERAL

C.1.1 Introduction - The Turkey Springs 2 Mowing Project Area is located on Forest Service land 4 miles west/northwest of Pagosa Springs, Colorado. The Pagosa Ranger District is responsible for the Project. The proposed treatments under this contract involves mechanical thinning, mowing and shredding of Gambel oak, Rocky Mountain juniper, white fir, Douglas fir, aspen, ponderosa pine and associated shrubs.

C.1.2 Scope - Contractors are to provide all labor, supplies and equipment to mechanically mow and shred (or grind) designated vegetation with a rubber tired, vertical shaft shredder or mulcher capable of working on slopes up to 30 percent and mulching trees or logs up to 12 inches in diameter at breast height (DBH).

C.1.3 Purpose – The purpose of this mowing and shredding treatment is to thin and shred ponderosa pine trees and understory vegetation in order to improve overall stand health and to mitigate fire hazards by decreasing fuel continuity. The Project area is within the Wildland Urban Interface and a high use recreational use area. It is at high risk of high intensity crown fire potentially impacting a highly dense residential area along with a main powerline.

C.1.4 Location of Project Area

C.1.4.1 Location: The Project Area is located on the Pagosa Ranger District in Archuleta County, approximately 4 miles west/northwest of Pagosa Springs, Colorado. The legal location of the Project Area is T. 35 N., R. 2.5 W., Sections 1,2,12 & 14; T. 36 N., 2.5 W., sections 26, 27 & 35;

T. 35 N., R. 3 W., Section 24 and T. 35N, R. 2W. Sections 7&18. A Vicinity Map showing the general location of the Project Area and a Project Area Map showing the location of the Treatment Units are attached to this Contract.

C.1.4.2 Treatment Units The location and boundaries of the Treatment Units are shown on the Project Area Map. There are 10 Treatment Units totaling 887 acres in the Project Area.

Fourmile Units Treatment Unit No.

Acres

8 31 14 182 16 64 18 101 19 63 21 147 25 139 29 17 37 78 60 65

TOTAL 887

C.1.5 Boundaries: The boundaries of treatment units are marked with separate orange and blue surveyor’s flagging tied together. Units which are bounded by Forest Service roads and fences will not be flagged along these features. The roads will serve as the boundaries and will be indicated on providing maps.

C.1.5 Access to Project Area – Access to the Project Area is via Colorado Highway 160 thru Pagosa Springs. At the intersection of CO HWY 160, turn north on Archuleta County Road 600 (Piedra

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Road). Travel north on CR 600 approximately 7 miles and turn left onto NFSR (National Forest System Road) 629. Continue traveling another 2 miles and turn left onto NFSR 923 (Newt Jack Road) to access Units 8, 19, 29, 37 and 60. Continue traveling another 1.5 miles on NFSR 629 and turn left onto NFSR 919 (Brockover Road) to access Units 14, 16, 18, 21 and 25.

C.2.0 DEFINITIONS

DRC- Diameter at Root Collar- diameter of the tree or shrub measured outside the bark just above the root collar swell.

DBH – Diameter at Breast Height (4.5 feet above the ground)

Damaged Tree – Any “reserve” or “leave” tree that has been damaged by the Contractor.

Obstacle – For the purposes of this contract an obstacle is defined as any object, which can impede, or damage the shredding/mulching or tree cutting equipment. This could include rocks, logs, old stumps, road banks or culverts.

Pre-settlement trees – trees that were established on the site prior to Euro-American settlement in Southwest Colorado. Generally these trees are at least 130 years old at DBH. The bark of ponderosa pine is becoming smoother and is more yellow or orange than younger trees.

Riparian Areas - permanent or intermittent wet sites or drainages with willows, cottonwood trees, sedges or other riparian vegetation.

Treatment Unit – Area where contract work will be completed that is delineated on the Project Area Map.

Slash – All vegetative material including, but not limited to, tree or shrub boles or stems, wood chunks, limbs, tops and brush created or disturbed as a result of Contractor’s operations

C.3.0 PROJECT LAYOUT AND CULTURAL SURVEYS

All of the Treatment Units have been surveyed for all cultural sites and all sites were either avoided or flagged off during layout. Sites that have been flagged for cultural protection is flagged with blue and white candy stripe flagging.

C.4.0 GOVERNMENT-FURNISHED PROPERTY AND SERVICES

There is no Government-Furnished property for this project.

C.5.0 SPECIFIC TASKS

Mechanical Fuels Treatment (Grinding) - Percent cover of material to be treated is estimated to be between 31 and 60 percent total cover. Slope is under 30%.

C.5.1 Standards

The following standards apply to all Treatment Units:

1) Mow and shred 65 percent of the canopy cover area of Gambel oak and associated shrubs, greater than 2 feet tall, in a natural mosaic pattern. Whenever possible mow and shred entire clumps and leave isolated clumps in openings. Do not mow large Gambel oak (DRC 6 inches

TURKEY SPRINGS FUELS REDUCTION PROJECT Page 6 of 38 or greater) except to remove ladder fuels under large ponderosa pine trees. Emphasis will be on mowing clumps of oak underneath and adjacent to overstory trees to reduce “ladder” fuels.

2) Mow and shred ponderosa pine trees no greater than 12 inches DBH and at least 3 feet tall to enhance clumpiness and openings.

Select trees that display any of the following:

a) a live crown ratio less than 30 percent of the total tree height

b) severe dwarf mistletoe (more than 30 percent of the live tree crown infected)

c) dead or broken tops

d) severe bend or crook.

3) Mow and shred all Douglas fir, white-fir and blue spruce trees that are less than 12 inches DBH and at least 3 feet tall.

4) Mow and shred juniper less than 14 inches with the exception of large open grown juniper.

5) Mow and shred 50% of aspen less than 10 inches DBH and at least 3 feet tall with emphasis on decadent aspen patches.

6) In Units 19 and 25, mow and shred 75% of ponderosa pine regeneration less than 6 feet tall.

Leave small clumps with dominate trees.

7) All mowed vegetation shall be shredded such that 80 percent of the mulch material is less than 4 inches in diameter and 12 inches long and no woody piece is greater than 8 feet in length. Eighty (80) percent of the mulch and chips resulting from the mowing and shredding must be distributed on the ground surface at a depth less than 4 inches. Small amounts of branches, stems and tops resulting from the mowing and shredding (not more than 20% of treated material) may be higher than 6 inches but no more than 24 inches above the ground.

8) Stumps and stubble heights must be less than 8 inches above the ground surface or above any obstacle.

9) Do not mow pre-settlement ponderosa pine of any size.

C.6. RESOURCE PROTECTION STANDARDS

C.6.1 Water Quality- The following measures shall be observed to protect stream courses:

1. Mowing/shredding equipment shall not be operated in riparian areas or stream courses except at crossings designated by the Forest Service. Equipment shall not be permitted in wetlands or wet meadows. These areas are protected by description and are not delineated on the ground.

2. The Contractor shall not cross any drainages, gullies, channel bottoms or swales at a point where banks exceed 30% slope.

3. Access routes to Treatment Units shall be designated by the Forest Service. Temporarily opened roads and main trails created by the equipment will be assessed by the Forest Service and, if necessary, rehabilitated by the Contractor to provide drainage, stop erosion, encourage revegetation and discourage unauthorized off-road travel. Rehabilitation could include blading out ruts, outsloping, constructing waterbars, ripping, and/or covering with slash, and seeding.

TURKEY SPRINGS FUELS REDUCTION PROJECT Page 7 of 38

C.6.2 Wet Period Restrictions

Travel on native surface roads and off-road with equipment is restricted when the soil is saturated.

If the soils are saturated such that ruts 4 inches or deeper and at least 10 feet long are created by heavy vehicles, the Contractor must stop operations with heavy equipment and wait until the ground dries out or freezes. If the Contractor fails to stop operations and creates significant soil damage, the Contractor will be required to repair the damage and rehabilitate the site. Repair and rehabilitation may include any of the following: (1) surface blading of roads; (2) filling and leveling ruts to original contour; (3) providing drainage; (4) seeding. If the wet conditions persist, the COR may issue a “Suspend Work Order” until conditions improve.

C.6.3 Other Resource Protection

All of the activities associated with this project shall be conducted in such a manner that there shall not be any adverse impact to the following resources listed.

1) Improvements and Survey Monuments - The Contractor(s) shall avoid any damage to improvements such as, but not limited to, fences, gates, utility poles, power lines, survey markers or monuments. The Contractor will be required to repair or pay fair market value to replace any damaged improvements. Known survey markers are shown on the Project Area map and the Forest Service will attempt to locate and flag survey markers and bearing trees prior to treatment.

2) Soils - The Contractor shall minimize soil disturbance to less than 15% of the treatment area.

Soil disturbance includes bare soil exposed at the completion of the treatment and soil that is disturbed and then covered with mulch/chips.

3) Protected trees: The Contractor must avoid damaging protected trees including: (1) snags over 15 inches DBH and 12 ft. tall, (2) live standing trees not designated for mulching and shredding and (3) all bearing trees. The COR may require the Contractor to cut and/or shred trees damaged by the Contractor or Subcontractors. The COR or designated inspector will identify and mark all damaged trees. If the damage is excessive the Contractor will be charged a rate of $20/tree. To be considered a damaged tree one of the following criteria must apply:

a. bark is removed from more than 50% of the circumference

b. the top is broken

c. more than 30% of the cross-section of the bole is removed

d. more than 30% of the live crown removed

4) Cultural Sites – The Treatment Units have been surveyed for all cultural sites prior to layout, however should any heritage or cultural sites be discovered during operations, the Contractor should immediately stop treatment in that area and contact the COR who will notify the District Archeologist. To reduce risk of damage to undetected cultural sites, Contractor must use high flotation tires on shredding/mulching equipment and all equipment must remain within the Treatment Unit boundaries or on pre-approved access routes.

5) Operating Season Restrictions to Protect Wildlife – No restrictions will be applied within this section of the contract.

C.6.4 Safety

When the Contractor’s operations are in progress adjacent to or on roads and trails open to public travel, the Contractor shall furnish, install and maintain all temporary traffic controls that provide the user with adequate warning of hazardous or potentially hazardous conditions associated with the Contractor’s operations. A traffic control plan shall be agreed to by the Contractor and the Forest

TURKEY SPRINGS FUELS REDUCTION PROJECT Page 8 of 38

Service prior to commencing operations. Devices shall be appropriate to current conditions and shall be covered or removed when not needed. Flagmen and devices shall be as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD)

Warning signs must be posted at least 300 feet away from the machinery on roads and trails adjacent to the Treatment Units while the shredding/ mowing machinery is in operation.

C.6.5 Road Maintenance

Commensurate with use, the Contractor is responsible for maintaining all roads within the Project Area. Maintenance shall be performed in a timely manner to prevent rutting and seasonal weather damage, and safeguarding soil and water quality, and provide for safe use. Specifications for road maintenance activities are listed below.

a. Visibility The Contractor shall remove vegetation or other obstructions to driver visibility caused by Contractor’s activities during the permit period.

b. Drainage Maintenance The Contractor shall keep ditches, culverts, water bars and other drainage facilities clear and functioning.

C. 6.6 Noxious Weeds

Cleaning of Equipment- The Contractor shall insure all equipment moved onto Forest Service land is free of soil, seeds and vegetative matter or other debris that could contain or hold seeds. The Contractor shall employ whatever cleaning methods are necessary to insure compliance, and shall notify the Contracting Officer Representative (COR) at least 3 business days prior to moving each piece of equipment onto Forest Service land. Arrangements will be made for the COR or a designated Inspector to inspect each piece of equipment prior to it being moved onto Forest Service land.

“Equipment” includes all machinery except for log trucks, chip vans, pickup trucks, cars, or other vehicles primarily for transport of personnel.

C.7 STAGING AREAS

Staging areas for the temporary parking, refueling and routine maintenance of equipment will be allowed at locations pre-approved by the COR. The following operations approved for the designated staging areas shall require the use of adequately sized catchments and/or absorbent mats to catch and contain possible spills: 1) refueling of mowers from pickups and small tanks; 2) changing hydraulic fluids; and/or 3) performing any other maintenance work which may cause the leakage or transfer of fluids from equipment, including motor oil changes, if necessary.

If any rutting or damage occurs to the access roads or staging areas, the areas will be returned to at least the original condition, or better

C.8 452.211-72 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.

(End of Clause)

TURKEY SPRINGS FUELS REDUCTION PROJECT Page 9 of 38

C.9 452.211-73 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.

(End of Clause)

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SECTION D – PACKAGING AND MARKING

- This section is blank -

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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: the worksite.

(End of clause)

E.1 MEASUREMENT AND PAYMENT

E.1.1 Measurement

Estimated acreage was calculated using ArcMap 10.0 GIS software. Actual acreage will be determined by Global Positioning System (GPS) data collected with a map grade Trimble GPS unit.

Contractor will be paid for the amount of acres mowed. If the contractor cannot mow/mulch an area designated by the COR, the contract will be modified to adjust for this.

E.1.2 Payment

Payment will be made for the completed items at the contract unit prices, based on inspections. No payment will be made for any unit and/or item where inspections determine work does not meet contract specifications, until rework has been accepted by the Contracting Officer.

Payments will be made and processed as follows:

1. When brush mowing/shredding and repairs to damaged improvements are completed and accepted by the Contracting Officer on an entire treatment unit; payment will be made at the bid rate for the acreage completed.

2. No more than one payment will be processed in any one month. No payments will be processed for less than $5,000.00 (unless it is a final payment).

E.2. Acceptable Quality Level

Performance Work Statement

Quality Standard Performance Standard (Acceptable Quality Level)

Monitoring Methods

Effect Of Not Meeting Performance Standard

Mowing 65% of Gambel oak and associated shrubs.

Task accomplished in Section C.5.1 item 1.

Mowed area not less than 55 percent and not more than 75 percent of total pre-treatment canopy cover of Gambel oak. No more than 4 Gambel oak stems over 6 inches DRC mowed per acre except under large pine.

Visual inspection and/or randomly placed sample plots.

If below minimum rework area at no additional cost to the Government. If above maximum, modify methods.

TURKEY SPRINGS FUELS REDUCTION PROJECT Page 12 of 38

Performance Work Statement

Quality Standard Performance Standard (Acceptable Quality Level)

Monitoring Methods

Effect Of Not Meeting Performance Standard

Thinning & mowing of ponderosa pine

Task accomplished in Section C.5.1 Item 2.

No more than 2 missed ponderosa pine trees per acre that meet selection criteria excluding trees inaccessible to equipment or on > 30% slope.

Visual inspection and/or circular sample plots.

Modify methods to meet standards at no additional cost to the Government or up to 20% reduction in payments.

Mowing of Douglas-fir, white-fir, blue spruce and juniper trees.

Task accomplished in Section C. 5.1 Item 3 and 4

No more than 2/acre missed Douglas-fir, White-fir, blue spruce or juniper trees (combined total excluding trees inaccessible to equipment or on > 30% slope) within diameter range

Visual inspection and/or randomly placed sample plots.

If more than minimum trees/acre missed rework area at no additional cost to the Government.

Thinning & mowing of aspen

Task accomplished in Section C.5. 1 Item 5.

Mow not less than 40 percent and not more than 60 percent of total pre-treatment cover of aspen that meet selection criteria excluding trees inaccessible to equipment or on > 30% slope.

Visual inspection and/or circular sample plots.

Modify methods to meet standards at no additional cost to the Government or up to 20% reduction in payments.

Mowing of ponderosa pine regeneration in Units 19 and 25

Task accomplished in Section C.5.1 Item 6.

Mow not less than 65 percent and not more than 85 percent of total pre-treatment cover of ponderosa pine regeneration that meet selection criteria excluding trees inaccessible to equipment or on > 30% slope.

Visual inspection and/or circular sample plots.

Modify methods to meet standard at no additional cost to the Government or up to 20% reduction in payments.

Size of shredded material

Task accomplished in Section C.5.1.

Item 7.

At least 80 percent of the mulch material is less than 4 inches in diameter and 12 inches long. At least 80 percent of mulch and chips distributed on ground surface at a depth less than 4 inches and no slash higher than 24 inches.

Visual inspection and measurement of shredded material.

Rework area at no additional cost to the Government.

Stumps and stubble height

Task accomplished in Section C.5.1.

Item 8.

95 percent of stump and stubble heights less than 8 inches above the ground or any obstacle.

Measurement of stubble height.

Mow stumps and stubble at no additional cost to the Government.

Pre-settlement pine

Task accomplished in Section C.5.1.

Item9/

No pre-settlement ponderosa pine mowed of any size.

Visual inspection.

Modify procedures to avoid pre-settlement ponderosa pine trees.

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SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 Stop-Work Order. (AUG 1989)

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is 120 days from receipt of Notice to Proceed.

(End of Clause)

F.1 WORK PROGRESS SCHEDULE

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.

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SECTION G – CONTRACT ADMINISTRATION DATA

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within * days after the date of contract award. The conference will be held at:

USDA Forest Service Attn: Ginger R. Domingos, Contracting Officer 15 Burnett Court Durango, CO 81301

Phone (970) 385-1245 Email: gingerdomingos@fs.fed.us

Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Onsite Lead

(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.

(End of Clause)

G.1 - Invoices shall be Submitted in accordance with the terms of the contract to:

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 the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. 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.

Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

G.2 – Forest Service Representative:

Ginger R. Domingos will serve as the Contracting Officer on this resultant contract. She has full warrant authority over all contract issues. She can be reached at (970) 385-1245 or gingerdomingos@fs.fed.us.

A Contracting Officers Representative will be appointed for this contract upon award. His/her delegation authority and responsibilities will be defined in writing by a delegation letter. This delegation will contain his/her contact information.

mailto:gingerdomingos@fs.fed

TURKEY SPRINGS FUELS REDUCTION PROJECT Page 15 of 38

SECTION H – SPECIAL CONTRACT REQUIREMENTS

452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-1, Alt I

(End of clause)

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SECTION I – CONTRACT CLAUSE

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.aquisition.gov/far www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) - Alternate I (OCT 1995) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights. (APR 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUL 2013) 52.204-13 System for Award Management Maintenance. (JUL 2013) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (DEC 2014) 52.215-2 Audit and Records - Negotiation. (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-8 Utilization of Small Business Concerns. (OCT 2014) 52.219-14 Limitations on Subcontracting. (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2014) 52.222-21 Prohibition of segregated facilities. (APR 2015) 52.222-26 Equal Opportunity. (APR 2015) 52.222-37 Employment Reports on Veterans. (JUL 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) 52.222-41 Service Contract Labor Standards. (MAY 2014) 52.222-50 Combating Trafficking in Persons. (MAR 2015) 52.222-54 Employment Eligibility Verification. (AUG 2013) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2014) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.232-1 Payments. (APR 1984) 52.232-8 Discounts for Prompt Payment. (FEB 2002) 52.232-11 Extras. (APR 1984) 52.232-17 Interest. (MAY 2014) 52.232-24 Prohibition of Assignment of Claims. (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

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52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.242-13 Bankruptcy. (JUL 1995) 52.243-1 Changes - Fixed-Price. ALT I (AUG 1987) 52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014)

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

This Statement is for Information Only: It is not a Wage Determination Employee Class: GS-7 Monetary Wage - Fringe Benefits: $16.61

(End of clause)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUL 2014)

(a) Definitions. As used in this clause- “Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

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(End of clause)

52.244-6 Subcontracts for Commercial Items. (APR 2015)

(a) Definitions. As used in this clause- Commercial item has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C.

637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities.

If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212(a));

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C.

4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(x)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xi) 52.222-55, Establishing a Minimum Wage for Contractors (E.O. 13658)

(DEC 2014).

(xii) 52.225-26, Contractors Performing Private Security Functions Outside the United States JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

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(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

(End of clause)

52.246-20 Warranty of Services. (MAY 2001)

(a) Definition.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance by the Government.

This notice shall state either-

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

(End of clause)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it -

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted.

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452.215-73 POST AWARD CONFERENCE (NOV 1996)

The Contractor shall meet with the Government to discuss contract terms and work performance requirements, Work Progress Schedule, and Fire Prevention and Suppression plans (reference clause AGAR 452.215-73. Post Award Conference.

The Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the prework conference.

452.228-71 Insurance Coverage. (NOV 1996)

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

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

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

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

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

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.

452.236-73 Archaeological or Historic Sites. (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

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452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

FOREST SERVICE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

4G52.222-701 Employment of Eligible Workers 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration

4G52.222-704 Personal Protective Equipment (FEB 2007)

The Contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The Contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

lov In any area where the worker is exposed to the potential for flying or falling objects, the Contractor shall provide a hard hat, at no cost to the employee, and the Contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects.