AG-82MK-S-15-0010.pdf

AG-82MK-S-15-0010

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 36

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

05/06/2015 X

82MK

GRAND MESA UNCOMPAHGRE GUNNISON N

2250 HIGHWAY 50

DELTA CO 81416

USFS - GMUG

Attn: Jay Tobin (jtobin@fs.fed.us) 2250 Highway 50 Delta CO 81416

DEPO1 1500 MT 06/05/2015

JAY G TOBIN 970

jtobin@fs.fed.us

874-6625

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

JAY G. TOBIN

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-82MK-S-15-0010

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

CALAMITY BASIN MECHANICAL TREATMENT FOR THE GRAND

MESA-UNCOMPAHGRE-GUNNISON NATIONAL FORESTS

The project objective is to mechanically treat vegetation as further detailed in Section C.

Set Aside: Total Small Business

EQUAL OPPORTUNITY CLAUSE

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.)

Persons with disabilities who require alternative means for communication of program information

(Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202)720-2600

(voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272

(voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

Calamity Basin Mechanical Treatment

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

Calamity Basin Mechanical Treatment

Grand Mesa-Uncompahgre-Gunnison NF

TABLE OF CONTENTS

SECTION B - Services and Prices

SECTION C – Performance Work Statement

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

SECTION F - Deliveries or Performance

SECTION G - Contract Administration Data

SECTION H - Special Contract Requirements

SECTION I - Contract Clauses

SECTION J - List of Documents, Exhibits and Other Attachments

SECTION K - Representations, Certifications, and Other Statements of Offerors

SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents

SECTION M - Evaluation Factors for Award

SECTION B - Services and Prices

Uncompahgre Plateau Restoration Project

Grand Valley Ranger District

(Refer to Project Map for Location of Each Unit)

Pay Item Description Measure Quantity Cost / Unit

Total

1 Mobilization Lump Sum 1 $ $

2 Unit A Acres 418 $

Option 1 Unit B Acres

Up to 257*

(Increments of ten.)

TOTAL $

Per FAR 52.217-7 all, none, or a portion (in ten acre increments) of Unit B may be awarded based on the availability of funds at time of contract award.

Company: ____________________________

TIN: ____________________________

DUNS: ____________________________

Phone: ____________________________

E-mail: ____________________________

REQUIREMENTS: OFFERORS MUST BE REGISTERED IN SAM AND RESPOND TO ALL

CRITERIA INCLUDED IN SECTION L. OFFERORS WHO FAIL TO MEET THESE

REQUIREMENTS WILL NOT BE CONSIDERED FOR AWARD.

SECTION C – Performance Work Statement

SCOPE OF CONTRACT

Mechanically treat up to 675 acres of ponderosa pine plantation within the boundaries of the identified units by mulching and/or shredding the existing vegetation with hydro-axe machines.

The residual stand will consist of 10% clumps ranging in size from 1/10 to 1/2 acre. Multiple pockets (islands) will remain and provide a mosaic of wildlife habitats within the treatment area.

The remainder of the stands would be mowed to achieve a variable density ranging from 50 to 100 sq. ft. basal area

(150 to 200 trees per acre).

Work is planned to start on are after July 15, 2015, and take four - six weeks to complete.

No new roads or trails will be constructed during this project; access and travel will be restricted to existing roads and trails within the project area.

Objectives

The primary objective of the proposed treatment is to thin these stands in order to: (1) improve stand growth and health, (2) promote the growth of the understory, and (3) reduce the threat of a catastrophic wild-fire or pine beetle infestation.

Improved growing conditions for shrubs, grasses and forbs in the understory will provide secondary benefits by enhancing available forage for big game species that utilize this area during the winter, as well as for species such as turkeys that will use the pine stand for roosting and cover.

The analysis area is about 1100 acres and approximately 675 acres will be treated in 2015.

Desired Outcomes and Benefits

The desired end product is an openly-spaced ponderosa pine stand that will be able to reach full maturity over the next several decades and provide suitable habitat for a variety of species.

The specified treatment will also make this stand more resilient to beetles and wild-fire.

There are also some mountain shrub/sage components outside the plantation that are within the treatment units that will become part of the mosaic pattern.

Refer to Section J of this solicitation for maps of the included areas.

PROJECT LOCATION

The project units are located on the northwest portion of the Uncompahgre Plateau, in the Calamity Basin drainage within Mesa County, Colorado (T51, 50N R17 and 102W, Sections 13, 18, 17, 24, 19 and 20). The units are located adjacent to the east side of FS Road 405 and south of FS Road 405.2A. The project area can be accessed by the

Niche Road, which is accessed from Highway 141 and County Road 6.3 (4 miles north of Gateway, CO). This road turns into FSR 405 at the Forest boundary. This is the most direct route, but it is narrow and steep. This route should be assessed before bringing in equipment. The project can also be accessed from Highway 141 to the Divide

Road (FS Road 402, County Rd 26.1 RD) then proceeding southwest on FS Road 404 (Uranium Road). When FS

404 intersects with FS Road 405 proceed northwest on FS Road 405. Follow FSR 405 to 405.2A, take this road east into calamity basin. FSR 405.2A comes to an intersection which is FSR 405.2A and FSR 405.2B. This road loops around and is connected by FS road 405.2C. The units are all accessible by this road system.

Treatment Units:

Project Name Unit Number Acres Vegetation Type Percent slope

Calamity Basin 1 418 acres

Ponderosa Pine, mixed mountain shrub and oak

0-15%

Calamity Basin 2 257 acres

Ponderosa Pine, mixed mountain shrub and oak

0-15%

WORK STANDARDS

Definitions

DBH – Diameter at Breast Height – Diameter of a tree measured outside of the bark at a height of 4.5 feet above ground level on the uphill side of the tree.

Designation Vegetation - Shrubs are designation by description. Other species of shrubs may be mowed and shredded as necessary to access and shred the designated vegetation.

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

TREE CLASS – A classification of trees based on the position of the crown relative to other trees of the same species in the stand.

Open grown/emergent – trees that are growing in the open, receiving light from all sides and generally have full crowns.

Dominant – trees with crowns above the general canopy level and are receiving light from all sides, but competing with nearby trees.

Codominant – trees with crowns within the general canopy level direct from above and partially from the sides. Crowns are reduced.

Intermediate – trees with crowns generally below the average canopy level and are only receiving light from above. Crowns are significantly reduced and uneven.

Overtopped/Suppressed – Trees with crowns completely overtopped and shaded by other trees in the stand.

Riparian Area – The area associated with a stream or lake that supports riparian vegetation such as willows, cottonwoods, boxelder or dogwood.

Slash – All vegetative material including, but not limited to, cull logs, chunks, broken tops, limbs, branches, tops, rotten wood, damaged brush, damaged or destroyed reproduction, saplings or poles, which is created or disturbed as a result of Contractor’s operations.

Snag – A standing dead tree at least 12 inches DBH and 15 feet tall.

Savanah Gambel oak – Gambel oak trees that are taller than typical gambel oak trees and have a higher canopy.

Obstacle –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.

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

There are 2 treatment units.

Standards/Specifications

Mechanical Fuels Treatment (mulching) Percent cover of material to be treated is estimated to be between 45 and

60 percent total cover. Slope is under 30%.

1) The following vegetation is designated to be treated by cover type and treatment unit

2) In treatment units 1 and 2, Ponderosa Pine and mountain shrub/sage and are the dominant cover types:

a) Ponderosa pine plantation areas -

Mow and shred 50-60% of the ponderosa pine within the treatment units. Based on numbers from this area, 140-200 trees per acre will need to be mowed and shredded.

Leave islands ranging in size from 1/10 – 1/2 acre will be left interspersed throughout the stand. These will be left in irregular shapes and sizes across the treatment units.

Mow and shred 80% of Gambel oak that is serving as a "ladder" fuel in the ponderosa pine dominated areas.

Leave any large diameter “savannah” Gambel oak that has a higher crown in the pine stand.

b) Gambel oak, sage and mountain shrub dominated areas (shrub lands) -

Mow and shred 60 percent of canopy cover area of the Gambel oak and associated shrubs in a natural mosaic pattern treating entire clumps and leaving isolated untreated islands.

Openings and leave islands can range from 1/10 to 1 acre in size.

Mow and shred 100% of the pinyon and juniper trees that are located in this mountain shrub interface.

3) Mow and shred only on slopes less than 30 percent.

4) All mowed vegetation shall be shredded such that 60 percent of the mulch material is less than 4 inches in diameter and 12 inches long. Eighty percent of the mulch and slash resulting from the mowing and shredding must be distributed on the ground surface at a depth less than 6 inches. A small portion of the slash resulting from the mowing and shredding (not more than 20%) may be higher than

6 inches but no more than 18 inches above the ground.

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

6) Do not mow large “savannah” Gambel oak (DRC 6 inches and greater with a heightened crown).

7) Snags greater than 12 inches DBH and 15 feet tall are protected. If a snag is identified, surrounding live trees will be left to act as a buffer.

8) The Contractor shall minimize soil disturbance and exposure of mineral soil to less than 10% of the treatment area.

There are two units identified within the project area. The units will not be flagged, but will be easy to identify based on the vegetation. In addition, shape files of the units will be provided to the contractor for use in GPS units.

The contractor will be expected to use GPS units to accurately identify the unit boundaries. The unit boundaries are also identified on the project map provided in Section J. All cultural sites of importance will be flagged and avoided.

Any Contractor created access points shall be restored to a non-accessible state by the Contractor as directed by the

Government. Methods may include earthen berms or slash distributed along access roads. Any bare soil areas created as a result of accessing the units shall be seeded by the Contractor with the seed mixture prescribed and provided by the Government.

Treatment will be completed during time periods that generally limit impact to soil resources. Environmental conditions such as wet/saturated ground, standing water, or heavy snowfall (12”+) would limit operations. The

Contracting Officer’s Representative (COR) will determine when soil moisture is at a level where operations must be curtailed. Specifically, if heavy rutting (over six inches) occurs in the unit, operations shall be suspended. When such conditions are encountered, the Contractor shall stop work and notify the COR.

Dry or frozen soil conditions are preferred. Operations outside the preferred conditions will be coordinated with the

COR. Sections of an individual unit may be restricted, while other sections are deemed operable; however, the final determination will be made by the Government.

Camping is permitted; camp sites must be pre-approved by the COR and maintained in accordance with Forest

Service policy.

The Contractor shall provide transportation for all equipment, personnel, fuel, and water to and from the site. The

Contractor shall be responsible for providing the necessary material handling equipment to on-load and off-load materials as well as provide appropriate security of equipment and property left on site.

RESOURCE PROTECTION STANDARDS

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

1. The Contractor’s operations shall be conducted to prevent debris from entering stream courses. In event the Contractor causes debris to enter stream courses in amounts which may adversely affect the natural flow of the stream, water quality or fishery resource, the Contractor shall remove such debris as soon as practicable, but not to exceed 48 hours, and in an agreed manner that will cause the least disturbance to stream courses.

2. Wheeled equipment shall not be operated in stream courses except at crossings designated by the Forest

Service. Contractor should cross perpendicular to direction of flow.

3. Mowing/shredding equipment must not be operated in riparian areas, which are defined as permanent or intermittent wet spots or drainages with willows, cottonwood trees or other riparian vegetation. These areas are protected by description and may or may not be designated on the ground.

4. Avoid working within 50 feet of a gully or channel with vertical banks of 4 feet or greater.

Wet Period Restrictions

Forest Service “all-weather” roads with a gravel or paved surface can be operated on during most weather conditions except extremely wet periods. All other roads are native surface. Travel on native surface roads and off-road with equipment is restricted when the soil is saturated. Soils are too wet when the moisture content exceeds the plastic limit. If soils within 6 inches of the surface can be rolled into threads 3 millimeters in diameter without breaking or crumbling the soils are too wet for operations. If the soils are saturated such that ruts 3 inches or deeper and 10 feet long are created by heavy vehicles, the Contractor shall cease operations in that area. If conditions persists, the COR may suspend the Contract until soils dry out or freeze. If the Contract is suspended due to wet conditions, the Government is not responsible for additional mobilization costs.

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 shall avoid any damage to improvements such as, but not limited to, fences, gates, utility poles, survey markers or monuments, survey witness trees and cultural sites. The Contractor will be required to repair or pay fair market value to replace any damaged improvements.

2. Cultural Sites - The Project Area has been surveyed and flagged for avoidance for all cultural sites prior to layout of Treatment Units, 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. Protected cultural areas will be flagged with pink and black ribbon and should be considered no treatment areas.

3. Wildlife - No disruptive activities will be allowed within 300 feet of any active raptor nest during the period May 1 - July 31. If operator discovers an active nest it is to be reported to the COR or inspector. If a goshawk nest is discovered, no disruptive activities will be allowed near the nest during the period March 1 - August 15. A district wildlife biologist will be consulted to determine an appropriate buffer.

4. Protected Trees - The COR may require the Contractor to sever from the stump and shred trees damaged by the Contractor's or Subcontractor if the damage exceeds any of the following:

a. Bark removed from more than 50% of the circumference of the bole.

b. Top is broken.

c. More than 1/3 of the cross-section of the bole is missing.

d. More than 30% of the live crown is missing.

The COR or designated inspector will identify and mark all damaged trees. If damage is excessive (outside of the Acceptable Quality Level), the Contractor will be charged a rate of $20/tree. See performance requirements summary table on page 7.

Safety

See Section H - Special Contract Requirements.

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 as such obstructions 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.

LUBRICATING, SERVICING AND REPAIRS OF EQUIPMENT

The Contractor shall be responsible for the service and repair of all equipment including bulldozer(s), roller chopper(s), seeders and any support vehicles. The use of welding equipment for equipment repair may be limited by fire restrictions. It is the Contractors responsibility to keep current on any current fire restrictions. The contractor shall keep the equipment in proper functioning condition to insure objectives for the project are met.

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

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

(End of Clause)

AGAR 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.

SECTION D - Packaging and Marking

{There are no clauses for this Section.}

SECTION E - Inspection and Acceptance

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

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

INSPECTION, ACCEPTANCE AND PAYMENT PROCEDURES

INSPECTION

Quality

Periodic inspections may be performed by the Government while work is in progress. Inspection for acceptance and payment may be conducted by the Government as each unit is being treated.

Inspection Time

Inspection for payment will be made within five working days after the date on which the Contractor requests payment for the job and provides documentation of work completed.

ACCEPTANCE

Units will be considered satisfactorily completed by visual inspection when vegetation treatments are complete, and the roadways and adjacent areas are not usable by motorized / mechanized equipment.

Rework

If the unit(s) inspected does not meet the previously described acceptance levels, the contractor shall rework the area to conform to specifications. For example, if stump heights are above 10 inches, they will have to be reworked.

Deficiencies

Specific deficiencies detected as a result of Government inspection shall be corrected so that the work complies with the contract specifications.

PAYMENT

Payment will be made by line item (unit) upon acceptance by the Government of completed work in that unit.

Two thirds of the payment for mobilization will be made when the Contractor has equipment on site and begins work. The balance will be paid when the Contractor completes work and is fully de-mobilized from the area.

SECTION F - Deliveries or Performance

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

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the

Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for

Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify the action, the

Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the

Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from contract award through six calendar weeks thereafter, exclusive of weather delays and winter exclusion.

SECTION G - Contract Administration Data

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within fifteen (15) days after the date of contract award. The conference will be held at one of the following locations based upon convenience to the Government:

U.S. Forest Service U.S. Forest Service

GMUG Supervisor's Office or Grand Valley Ranger District

2250 Hwy 50 2777 Crossroads Blvd, Unit 1

Delta, CO 81416 Grand Junction, CO 81506

G.1 INVOICES SHALL BE SUBMITTED 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.

The successful offeror shall register at https://www.ipp.gov/vendors/enrollment-vendors.htm if they have not already established an account.

G.2 FOREST SERVICE REPRESENTATIVES:

Jay Tobin shall serve as the Contracting Officer on this contract. He shall have full warrant authority over all contract issues. He can be reached at 970-874-6625 or jtobin@fs.fed.us.

A Contracting Officer Representative shall be appointed for this contract upon award. His/her delegated authority and responsibilities shall be defined on a delegation letter issued after contract award. This delegation shall also contain his/her contact information.

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

SECTION H - Special Contract Requirements

AGAR 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 firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Manager/ Superintendent.

(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 may be modified to reflect any approved changes of key personnel.

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 must 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 must 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 must cover the full length of the thigh and must 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.

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. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise, for example chainsaw operation.

H. 1. FIRE CONTROL

H.1.1. Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

H.1.2. Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting

Officer shall place his employees and equipment temporarily at the disposal of the Forest Service.

Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

H.1.3. Any employees and equipment furnished will be relieved from firefighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

H.1.4. An equitable adjustment in contract time may be made for this period.

H.1.5. Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

H.1.5.1. Fire Tools. The Contractor will provide for each employee in the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, Pulaski, or axe. Tools required and furnished under H.2.5.2. and H.2.5.4.

below shall count toward fulfillment of the above requirement. Where additional tools, beyond those required below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only."

All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

H.1.5.2. Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

a. One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

b. One - shovel, round point #0 lady or equal.

c. One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

d. One - water container (at least 1-gallon capacity), not required with stationary equipment.

H.1.5.3. Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multi-position engines, such as chainsaws, shall meet Society of

Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

H.1.5.4. Power saws. For each power saw used in connection with this contract, the following will be provided:

a. One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

b. One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

H.2.5.4.1. Any fueling or refueling of a power saw or auger shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; power saw or auger shall be moved at least 10 feet from place of fueling before starting.

H.1.5.5. Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

H.1.5.6. Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

H.1.5.7. Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

H.1.5.8. Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

H.1.5.9. Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

H.1.5.10. Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container

(filled) with hand pump attached, shall be immediately available for use in the event of a fire start.

H.1.5.11. Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot

Owl restrictions, necessary during periods of critical fire weather conditions.

H.1.5.11.1. When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

a. All high fire risk operations could be terminated at 1300 local time.

b. All burning could be stopped, including debris burning fires.

c. Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

H.1.5.12. Pump and Trailer. Not required.

H.1.5.13. Burning. Before starting any open burning, the Contractor shall comply with the following:

a. Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

b. Obtain a burning permit from the District Ranger.

c. Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

d. Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

e. Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

f. Under certain atmospheric conditions, smoke accumulations may become excessive and, in these cases, the Regional Forester may, at his discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

H. 2. PREWORK CONFERENCE

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

H.3. SAFETY PLAN

The Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in areas of dead trees and falling debris. The Contractor shall identify the specific conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite.

When the Contractor’s operations are in progress adjacent to or on Forest Service/BLM/County controlled 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 specific traffic control plan for each Treatment Unit shall be agreed to by the Contractor and the Forest Service or BLM 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).

Contractor shall take precautions when operating directly adjacent to private land to avoid creating hazardous conditions that compromise the safety of residents or that my damage buildings and property.

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.

H.4. NOXIOUS WEEDS

The Contractor shall ensure that prior to moving on to the National Forest all equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. The contractor shall employ whatever cleaning methods are necessary to ensure that equipment is free of noxious weeds. The

Contractor shall provide the Contracting Officer with certification, in writing, that all equipment is free of noxious weeds prior to starting operations. Equipment shall be considered free of soil, seeds and other such debris when a visual inspection by the Government does not disclose such material. Disassembly of the equipment components or specialized inspection tools is not required. Unless otherwise directed by the

Contracting Officer, the Government will not require the contractor’s equipment be cleaned before moving to another treatment unit if the contractor is moving directly from the previous unit.

SECTION I - Contract Clauses

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

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

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

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED BY REFERENCE:

52.202-1 Definitions (NOV 2013)

52.204-7 System for Award Management (JUL 2013)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013)

52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

52.222-3 Convict Labor (JUN 2003)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988)

52.222-19 Child Labor - Cooperation with Authorities and Remedies. (JAN 2014)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.232-1 Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-23 Assignment of Claims (MAY 2014)

52.232-25 Prompt Payment (JUL 2013)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 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)

52.243-1 Changes - Fixed-Price, Alternative I (APR 1984)

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)

AGRICULTURAL ACQUISTION REGULATIONS (AGAR) CLAUSES INCORPORATED BY REFERENCE:

452.236-73 Archaeological or Historic Sites (FEB 1988)

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

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

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29

CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

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

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage - Fringe Benefits

Grade Hourly Rate

WG4 $13.10

WG5 $14.26

WG6 $15.41

WG7 $16.62

WG8 $17.81

FAR 52.244-6 Subcontracts for Commercial Items (MAR 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 non-developmental 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) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C.