1149 PWS 9.2.2010.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

12:00 p.m. MT

USDA Forest Service

|_| UNRESTRICTED OR |X| SET ASIDE: 100 % FOR

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT TERMS

Net 30

14. METHOD OF SOLICITATION

|_| RFQ |_| IFB |_| RFP

15. DELIVER TO CODE 82FT…..

USDA Forest Service Rocky Mountain Research Station 240 West Prospect Ave Fort Collins, CO 80526-2098

16. ADMINISTERED BY CODE 82FT…..

USDA Forest Service

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

Attn:

18a. PAYMENT WILL BE MADE BY CODE CSC-FS…..

USDA Rural Development; Central Servicing Center 4300 Goodfellow Blvd (FC-233); Bldg 105E St. Louis, MO 63120-1703 (314)457-5706

TELEPHONE NO. E-MAIL:

|X| SEE ADDENDUM

Tax ID Number:

DUNS Number:

Grounds Maintenance/Snow/Ice Removal in accordance with attached Performance Work Statement (PWS), Rocky Mountain Research Center, Fort Collins, Colorado.

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

25. ACCOUNTING AND APPROPRIATION DATA

See Schedule

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

Margaret S. Wright 31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Base Year: Grounds Maintenance/Snow/Ice Removal Services POP: 11/01/2010 thru 10/31/2011 Monthly Rate: $___________

Opt Year 1: Grounds Maintenance/Snow/Ice Removal Services POP: 11/01/2011 thru 10/31/2012

Opt Year 2: Grounds Maintenance/Snow/Ice Removal Services POP: 11/01/2012 thru 10/31/2013

Opt Year 3: Grounds Maintenance/Snow/Ice Removal Services POP: 11/01/2013 thru 10/31/2014

Opt Year 4: Grounds Maintenance/Snow/Ice Removal Services POP: 11/01/2012 thru 10/31/2013

DO

x 12

32a. QUANTITY IN COLUMN 21 HAS BEEN |_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECTFOR

|PARTIAL | |FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.3/2005) BACK

Section C – Performance Work Statement Grounds Maintenance & Snow / Ice Removal (Prospect Buildings) September 2, 2010

C.1. General Requirement

C.1.1. Scope of Work. The contractor shall provide all personnel, equipment, tools, materials, transportation, employee training and insurance as specified herein. Training and performance of this contract shall include and comply with all applicable OSHA, EPA, local, State and Federal codes, mandates, and standards. Supplies and materials shall be of a quality and type customarily utilized by current industry standards and equipment ratings and shall be subject to the approval of the Contracting Officer (CO) or Contracting Officer’s Representative (COR) (industry standards only applicable where they do not violate any of the afore mentioned codes/mandates). The contractor shall at all times provide adequate supervision of employees ensuring all required services are accomplished in accordance with the terms and conditions of the contract. Contractor shall ensure that grounds maintenance is performed in a manner that will maintain healthy grass, trees, shrubs, plants and present a clean, neat and professional appearance at all times throughout the year and ensure all Snow/Ice removal is accomplished to ensure the safety of all individuals at the Station. The facility to be serviced is bordered by Prospect Avenue on South side; Lake Avenue on North side; and fence boundaries on East and West side, to include USDA FS Fleet Parking area.

C.1.2. Personnel

C.1.2.1 Contract Manager. The contractor shall designate, in writing to the Contracting Officer (CO) someone who will be responsible for the performance of the work. The Contract Manager will have full authority to act for the contractor on all contract matters relating to the daily operation of this contract. The Contract Manager will be available by means of a communication system so the contractor may respond in person or by phone within 15 minutes during normal duty hours or within one (1) hour after normal duty hours. The name of this person shall be submitted to the Contracting Officer at pre-performance meeting and within 1 workday of any change(s). The Contract Manager shall have two full years of grounds maintenance/Snow/Ice removal experience within the last six years and demonstrate an active knowledge of such. Any changes must be submitted in writing to the CO within 1 workday of change.

C.1.2.2. Personnel List. In accordance with Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201. The contractor shall, at pre-performance meeting, furnish the CO a complete list of the name, address, social security number, and date of birth of each employee engaged in the performance of this contract. The Government may require additional information to establish the identity and legal employment status of each employee having access to Government buildings or facilities. In the event of a change in employees, the contractor shall inform the CO within 1 workday of any change for any new employee hire or employee dismissal.

C.1.2.3. Employee Identification. The contractor shall issue picture identification badges, containing the contractor's company name and employee's name and picture at the contractor's expense. The identification badges shall be worn in a conspicuous place on the exterior clothing whenever work is being performed under this contract.

C.1.3. Contractor Quality Control

C.1.3.1. General Requirement. The contractor is responsible for quality control and shall establish and maintain an effective quality control system. The quality control system shall consist of plans, procedures, and organization necessary to produce services that comply with the contract requirements and shall cover all operations as set forth in this contract. The contractor shall be responsible for the quality of work on the job and is subject to termination for non-compliance with quality requirements specified in the contract.

C.1.3.2. Quality Control System. The contractor shall implement and maintain a documented quality control system, including a Quality Control Plan (QCP), that identifies and results in correction of potential and actual problem areas throughout the entire scope of the contract. An electronic copy of the QCP shall be provided to the CO/COR at the pre-performance meeting. The Government will consider an interim plan for the first 30 days of operation. The QCP or interim plan shall be implemented on the first day of contract performance. When the plan is acceptable to all parties, it shall be signed by the contractor, CO, and COR. The contractor's Quality Control system shall include, as a minimum, the following to cover all work stated herein:

C.1.3.2.1. Be structured to assure the individual(s) responsible for Quality Control is independent from any other parts of the contractor's organization.

C.1.3.2.2. Assure the Quality Control Manager has direct accountability to the contractor's top management.

C.1.3.2.3. Contain procedures for written and verbal communication with the Government regarding performance of the contract.

C.1.3.2.4 Contain procedures for handling corrective action without dependence upon Government direction.

C.1.3.2.5. Contain, as a minimum, specific surveillance procedures for each contract service identified herein. These surveillance procedures shall identify who shall perform the surveillance, the frequency, the method, listing of items under surveillance, and corrective action that will be taken to correct contractor identified deficiencies.

C.1.3.2.6. Include a customer service/complaint system. At a minimum, the customer service/complaint system shall contain procedures for the customer to file service/complaints with the COR/CO, form to be used by customers, procedures for investigation of complaint, and feedback to the customer and the Government on the results and actions, if any, taken on the complaint. Form to be provided to CO/COR at pre-performance meeting.

C.1.3.2.7. Maintain records of all contractor quality control checks and corrective action. These files shall be maintained by the contractor throughout the term of this contract and shall be made available to the Contracting Officer or designated representative during the term of this contract. The contractor shall retain its quality control files for not less than one year after the completion or termination of the contract.

C.1.3.2.8. Acceptance of Plan. Government acceptance of the QCP is conditional and will be predicated on satisfactory performance during the contractual period. The Government reserves the right to require the contractor to make changes in its QCP and operations including removal of personnel, as necessary, to obtain the quality specified. After acceptance of the QCP, the contractor shall notify the Contracting Officer in writing of any proposed change. Proposed changes are subject to acceptance by the CO/COR.

C.1.4. Safety. The contractor shall conduct its operations in strict conformance with all United States Department of Agriculture, United States Forest Service, and all applicable provisions of 29 CFR 1910 and 1926 of the Occupational Safety and Health Act. The contractor shall implement a suitable safety program for employees performing work under this contract. The safety program shall be in writing and a copy shall be furnished to the CO/COR within thirty calendar days after commencement of work under the contract. Immediately after a job-connected injury, the contractor shall prepare a report of the injury using its own accident report form or other documentation and within five days send the report to the CO who will forward it to the Rocky Mountain Research Station Safety Officer and COR. Any technical advice and assistance necessary for reporting and investigating accidents may be requested from the Safety Officer through the CO.

C.1.5. Security. Contractor shall immediately report fires and hazardous conditions to the COR, turn in lost and found articles to the COR, and notify the COR when an unauthorized or suspicious person is seen on the premises. Report any items in need of repair to the COR. Contractor shall immediately notify the COR if any keys are lost.

C.1.6. Meetings. The contractor and COR shall meet weekly during the first four (4) weeks of the contract. Meetings shall be conducted quarterly thereafter. Mutual effort will be made by both parties to resolve any problems identified during the performance of the contract requirements. Written minutes of the meetings will be prepared by the COR and signed by the contractor. Should the contractor not concur with the minutes, the contractor shall notify the CO, in writing, of any areas of disagreement within five (5) days following issuance of the minutes.

C.2. Government Furnished Property/Supplies/Items. None

C.3. Contractor Furnished Items

C.3.1. Supplies/Equipment. All required equipment, tools & supplies necessary to perform grounds maintenance & Snow/Ice removal. If a piece of equipment needs repair or is determined unsafe by the COR, the contractor shall immediately stop using the equipment and shall repair or replace within 72 hours. The contractor shall provide biobased nontoxic materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered. See para C.5.10 for additional information.

C.3.2. All containers of chemicals, hazardous materials, and similar products shall be conspicuously marked with a factory label to identify contents. Hazardous materials shall be labeled with appropriate Department of Transportation (DOT) or Interstate Commerce Commission (ICC) hazard labels (flammable, corrosive, acid, etc.), as specified on the Material Safety Data Sheet.

C.3.3. Material Safety Data Sheets (MSDS). The contractor shall submit MSDS sheets obtained from the manufacturer or dealer concerning all hazardous materials (i.e., chemicals) to be used under this contract through the CO/COR to the Rocky Mountain Research Station Safety Office. Reference: 29 CFR 1910-1200. MSDS sheets shall be submitted and products approved prior to the use of any products. Materials or supplies shall not be used in performance under this contract (or placed or stored on Government property) until the applicable Material Safety Data Sheets have been furnished to the COR/CO. No item containing a CAUTION or WARNING label will be added to the contractor's products list until the COR/CO has given verbal approval for its addition. The contractor shall not use any material which the COR/CO determines would be unsuitable for the purpose or harmful to the surfaces to which applied. Costs for correcting damage caused by misused materials will be borne by the contractor. The COR/CO reserves the right for final approval on all materials and supplies utilized by the contractor. Log sheets shall be maintained by the contractor to document all usage. Contractor shall submit copies of these log sheets annually to the COR.

C.3.4. Removal of Property Upon Expiration of the Contract. The contractor shall, within five days after the expiration of this contract, remove from Government premises all contractor owned vehicles, equipment, tools, supplies, materials, or other items. If the contractor does not remove said items within the stated period, the items will be delivered to the designated property office and disposition will be made in accordance with Government regulations.

C.4. Specific Tasks

C.4.1. Grounds Maintenance

C.4.1.1. Mow Grounds. Grass shall be cut at a minimum of least once weekly. Grass clippings shall be removed or mulched after mowing. Grass cutting on ground shall be so that height of grass is between 2-1/2-inches - 3-1/2-inches. Grounds shall look well manicured at all times throughout the year. Grass clippings shall be cleaned off sidewalks after each mowing.

C.4.1.2. Edging. Sidewalks, driveways, curbs, and other concrete or asphalt edges located on the grounds areas shall be edged at least every other mowing. Edging shall include removal of vegetation from cracks in sidewalks, driveways and curbs.

C.4. 1.3. Pruning/Trimming. Grass and weeds shall be trimmed around trees, shrubs, buildings, fences, poles, posts, fire hydrants, parking lot bumper blocks, boulders and other fixed obstacles. Trimming height shall match surrounding area grass heights. All areas shall be trimmed concurrent with mowing. Damage to trees or shrubs from trimming shall be repaired by the contractor. All pruning shall be coordinated with COR before service. Pruning shall be accomplished in accordance with industry (ANSI Z133.1 - 1994) standards. Class II medium pruning shall be used in general on all trees. Class IV pruning shall be used only for lifting, removal, and/or cutback of branches that conflict with normal traffic or safety in the vicinity of the trees. Minimum safety clearance is 14 feet over streets, 12 feet over driveways, 8 feet over walk areas, and 4 feet from buildings. Other trees shall be pruned on an as-required basis to provide safety, clearances and/or to prevent structural damage. Topping and de-horning shall not be permitted. Shrubs, small trees, and other plants shall be maintained according to the American Society of Landscape Architect's standards. They shall be pruned as required to maintain their natural growth characteristics. Shrubs and small trees shall be trimmed and pruned to enhance the beauty and health of the plant. Hedges shall be maintained to their natural mature height and shape. Broadleaf evergreens and flowers beds shall be pruned annually or as required maintaining clearances of minimum of 3 inches from buildings, sidewalks, or other obstructions. Damage to trees or shrubs from trimming shall be repaired by the contractor. If a plant should die or become unhealthy due to damage, the contractor shall be responsible for replacing the damaged plant with a plant of same size and type. Plant replacement shall occur within 15 days of noticed damage.

C.4.1.4. Watering. Contractor shall ensure that ALL plants, trees, shrubs, hedges and grasses are watered throughout the year as necessary. The contractor shall provide watering hoses and portable watering devices for irrigating areas that do not have sprinkler systems. Damage to sprinkler system by the contractor shall be repaired by a certified sprinkler system mechanic with advance notice to the COR/CO, who will, in advance of repair, determine if repairs are outside of normal wear and tear.

C.4.1.5. Weeding. Contractor shall police areas, at a minimum, once weekly and remove all noxious weeds, to include tree sprouts, as necessary. Disposal of all debris shall be off-site in accordance with existing local, state, and federal regulations. All weeds shall be removed or eradicated manually or mechanically, but not chemically. Parking lot weeding of chemicals must be preapproved by COR.

C.4.1.6. Remove Debris/Police Grounds. The contractor shall perform general litter patrol in all areas throughout the year. Responsibilities shall include, but not be limited to, the removal and disposal of all natural debris, (tree limbs, dry brush, rodent habitats, dead animals, etc.), and man-made debris. Contractor shall police areas, as a minimum, once weekly. At other times leaves/pine needles/pine cones shall be removed as necessary. Disposal of all debris shall be off-site in accordance with existing local, state, and federal regulations on the same day collected.

C.4.1.7. Fertilize. The contractor shall perform an effective commercial fertilizer application program for all grounds and trees/shrubs/hedges under six feet tall. Approved fertilizers shall be applied in accordance with manufacturer’s instructions. Ex: Early Spring, apply a fertilizer with a pre-emergent herbicide; late spring, apply a fertilizer with a post-emergent herbicide; late summer apply a fertilizer with insect control; early fall fertilize to stimulate root growth; late fall, winterizer fertilizer that builds resistance to the cold and provides nutrients. Schedule to be provided by contractor at pre-performance meeting for base year and on anniversary date of each option year.

C.4.1.8. Aerate Soil. Aerate soil on improved grounds to maintain grounds in a healthy state before May 1st.

C.4.2. Snow/Ice Removal

C.4.2.1. Snow on Parking Lot. All snow will be plowed from the parking lot and stacked on East side of the Annex building when accumulation meets or exceeds 3-inches by any natural means (i.e., wind or snow). This is required at a minimum of once per day and must be accomplished prior to 7:00 a.m., Monday through Friday, excluding weekends and federal holidays. Snow cannot be stored as to interfere with traffic and egress patterns of the facility. When snowfall exceeds dumping area, contractor shall contact the City of Fort Collins for location of areas where snow can be piled.

C.4.2.2. Snow on Sidewalks, Walkways, Stairways, Patios, Docks & Ramps. All snow will be removed from the walking areas when accumulation meets or exceed ½-inch by any natural means (i.e., wind or snow) and must be accomplished prior to 7:00 a.m., Monday through Friday, excluding weekends and federal holidays. In the event of continual snow fall the site must be monitored throughout the day for additional removal of snow/ice.

C.4.2.3. Removal of Ice. Environmentally friendly ice melt shall be applied once per shoveling and only after snow has been removed. Excess ice melt shall be removed of and disposed off-site within 24 hours of no longer being needed.

C.4.2.4. Snow and ice removal is not required or allowed in Fleet Parking Lot.

C.5. General Information

C.5.1. Government Responsibilities The Government will not be responsible for damage occasioned by fire, theft, accident, or otherwise to the contractor's supplies, materials, or equipment in storage, or the contractor's and their employee's personal belongings.

C.5.2. Contractor Responsibilities The contractor is responsible for loss, theft, damage, or destruction of any Government or personal items belonging or assigned to Forest Service employees when such acts can be proven, beyond a reasonable doubt, to be the fault of the contractor or one of their employees.

C.5.3. Fire Prevention Fire prevention shall be exercised at all times by the contractor and employees. All combustible material shall be used and stored in a safe manner. Contractor shall report to the COR/CO any fire hazards.

C.5.4. Full compliance with all Federal, State, Local, USDA and Forest Service regulations is required.

C.5.5. The work of this contract shall be done in accordance with all applicable local codes and industry standards to include any safety requirements established by the Occupational Safety and Health Act (OSHA)

C.5.6. Environmental Protection Agency (EPA) Full compliance with environmental and hazardous waste management laws, rules, and regulations is applicable.

C.5.7. Tobacco Control The contractor and its employees shall observe the Tobacco Control requirements contained in DR4400-006, 5 U.S.C. 301; 5 U.S.C. 7901; 29 U.S.C. 666; 41 CFR 101-20.105-3; and 41 CFR 101-39.300(d) whenever performing services in or visiting Government facilities/buildings.

C.5.8. Federal, State, and Local Codes and Laws All chemicals used will be those commercially available which meet Federal, State, and local codes and which have been approved by the COR/CO. The contractor shall use products made with recycled materials to the greatest extent possible.

C.5.9. The contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products. The contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR). Following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The contractor should provide data for their biobased products such as biobased content. In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the contractor is encouraged to use other commercially available biobased products. The contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the winning contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

Grounds AG-82FT-S-10-0018 C.6. Contract Authority. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract. The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, 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 charges incurred as a result thereof. In the event the contract administration is transferred to a new Contracting Officer, notification to all parties concerned shall be provided within 30 days of the change.

Section D – Packaging and Marking

Nothing contained in this section.

Section E – Inspection & Acceptance

52.246-20 Warranty of Services.

(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 7 days from the date of acceptance by the Government. This notice shall state either—

(1) That the Contractor shall correct or re-perform any defective or nonconforming services; or

(2) That the Government does not require correction or re-performance.

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

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

(End of clause)

AGAR 452.246-70 Inspection and Acceptance

(End of Clause)

Section F – Deliveries or Performance

F.1. Hours of Operation.

The contractor shall schedule and arrange work to cause the least interference with the normal occurrence of Government business and mission. Snow removal/Ice Control shall be performed before 7:00 a.m. Monday through Friday. Grounds maintenance may be performed on Saturdays, Sundays, holidays, if approved in writing by the COR. Any such work shall be performed at no additional cost to the Government. Work delayed by causes beyond the contractor’s control and performed beyond normal duty hours and/or non-scheduled days shall be performed at no additional cost to the Government. Offices will be closed on days that fall on Federal Government Holidays.

F.2. Schedules. The contractor shall submit an annual schedule for services described in this PWS to the CO/COR for acceptance at the pre-performance meeting. The contractor shall be allowed 30 days to adjust work schedules based on inspections. This second work schedule shall be submitted to the CO for acceptance within 10 days after the first contract month period. The contractor shall not deviate from the accepted schedule without prior approval from the CO/COR. Any permanent changes to the must be submitted 10 days before implementation and receive written CO/COR acceptance before the Government will allow the proposed changes.

F.2. Location:

F.3. Performance of Period:

Base Year, 11/01/2010- 10/31/2011 Opt Yr 1, 11/01/2011- 10/31/2012 Opt Yr 2, 11/01/2012 - 10/31/2013 Opt Yr 3, 11/01/2013 - 10/31/2014 Opt Yr 4, 11/01/2014 - 10/31/2015

F.4. Government Holidays:

F.6. Site Visit Offerors are urged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Date and Time: 09/15/2010 @ 1:00 p.m. Mountain Time Questions due: 9/22/2010 @ 12:00 p.m. Mountain Time electronically to mwright@fs.fed.us.

Offers due: 10/12/2010, 12:00 p.m. Mountain Time electronically to mwright@fs.fed.us.

Section G – Contract Administration Data

G.1. Invoicing – Invoices shall be submitted electronically to the following for receipt/acceptance and then they will submit to the Contracting Officer for final approval and forwarding to the National Finance Office for payment.

USDA FS, RMRS- Prospect Attn: Mr. Derek Sherman 240 W Prospect Road Fort Collins, CO 80526

E-mail address: djsherman@fs.fed.us

G.1.2. Effective February 1, 2008 any invoice not IAW the attached sample (Attachment #3), will be returned for corrections IAW Forestry Service Finance Officer instruction.

G.1.3. Monthly payments will be made at the end of each month in arrears IAW Prompt Payment Act. Any invoice received before the last day of the month will be rejected and the contractor will be required to resubmit. Prompt Payment Act time clock will not start until a proper invoice is received.

G.1.4. Accounting Info:

TBD at time of award Section H – Special Contract Requirements

H.1. Contract Management. Notwithstanding the contractor’s responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the contractor. The following individuals will be the Government points of contact during the performance of the contract:

H.1.2. Contracting Officer. All contract administration for this contract will be effected by the CO. Communications pertaining to contractual administrative matters will be addressed to the CO. The word “Government” as used throughout this contract or its attachments refers specifically to the CO. The 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. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the CO authorizing such changes. Should the CO designate individuals to act as the Contracting Officer’s Representative (COR) under any resultant contract, such representative will be designated by letter of appointment but will not be authorized to change any terms and conditions of the contract.

H.1.3. COR. The COR will be designated in writing on authority of the CO after contract award to monitor and coordinate all technical aspects and assist in the administration of the overall contract. The contractor will receive a copy of any designation letter stating the responsibilities and limitations of the COR. All contacts with all agencies of the Government and interfacing with other contractors required in the performance of this contract will be accomplished only through the direction and with the coordination of the COR.

H.1.4. Technical Coordination. Performance of work under this contract shall be in compliance with the PWS and any other work assignments under the general scope of work. All technical coordination shall be within the scope of the contract. No oral statements of any person will in any manner or degree modify or otherwise affects the terms of the contract. Technical coordination shall not result in any action that:

H.1.4.1. Constitutes an assignment of additional work outside the statement of work.

H.1.4.2. Constitutes a change as defined in the contract clause entitled, “Changes”.

H.1.4.3. Causes an increase in the total contract ceiling or the time required for contract performance.

H.1.4.4. Changes in any of the expressed terms, conditions or specifications of the contract.

H.1.4.5. Interfere with the contractor’s right to perform the terms and conditions of the contract.

Section I – Contract Clauses

52.202-1 Definitions 52.203-3 Gratuities 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 52.203-12 Limitation on Payments to Influence Certain Federal Transactions 52.204-4 Printed or Copied Double-Sided on Recycled Paper 52.204-7 Central Contractor Registration 52.204-9 Personal Identity Verification of Contractor Personnel 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.212-4 Contract Terms and Conditions—Commercial Items 52.215-8 Order of Precedence—Uniform Contract Format 52.222-44 Fair Labor Standards Act and Service Contract Act—Price Adjustment 52.223-1 Biobased Product Certification 52.223-5 Pollution Prevention and Right-to-Know Information 52.223-6 Drug-Free Workplace 52.223-10 Waste Reduction Program 52.223-14 Toxic Chemical Release Reporting 52.225-13 Restrictions on Certain Foreign Purchases 52.228-5 Insurance—Work on a Government Installation 52.232-18 Availability of Funds 52.232-23 Assignment of Claims 52.233-1 Disputes and Alternate I 52.237-2 Protection of Government Buildings, Equipment, and Vegetation 52.242-13 Bankruptcy 52.245-1 Government Property 52.246-4 Inspection of Services—Fixed-Price 52.246-25 Limitation of Liability—Services 52.249-4 Termination for Convenience of the Government (Services) (Short Form

I.2. Federal Acquisition Regulation (FAR) Clauses Incorporated by Full Text

52.204-1 Approval of Contract This contract is subject to the written approval of Margaret S. Wright, Contracting Officer or other duly authorized Contracting Officer in AQM, Fort Collins, Colorado and shall not be binding until so approved.

(End of clause)

52.204-9 Personal Identity Verification of Contractor Personnel

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items

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

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)

(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:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (4) [Reserved] _X_ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (6)(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.

_X_ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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.

__ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEPT 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

_X_ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_X_ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

__ (ii) Alternate I (Aug 2007) of 52.222-50.

__ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

__ (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

__ (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (31) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (40)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

[Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

U.S. Department of Labor 2005-3009 (Rev.12) dtd 06/15/2010 is incorporated into this contract.

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage -- Fringe Benefits Laborer, Grounds Maintenance WG-1/3 Engineering Equipment Operator WG-5/11

* Assistance in determining specific fringe benefit types and amounts may be obtained from the U.S Department of Labor.

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not…