AG82MKS160009.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

82MK

DELTA CO 81416

2250 HIGHWAY 50

GRAND MESA UNCOMPAHGRE GUNNISON N

82Z1 CODE 16. ADMINISTERED BYCODE

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR82X9

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/08/2016 1200 MT

06/13/2016

(303)275-5311STAR YEO

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-82MK-S-16-0009

5. SOLICITATION NUMBER

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

1 58 804924OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

GRAND JUNCTION CO 81506

2777 CROSSROADS BLVD

GRAND VALLEY RANGER DISTRICT

USDA FOREST SERVICE

15. DELIVER TO

GOLDEN CO 80401

740 SIMMS STREET

ROCKY MOUNTAIN REGION ATTN AQM

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

X

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

IGF::OT::IGF North Uncompahgre Habitat Improvement Mastication Project

This requirement will award to a qualified contractor to operate a rubber tire mastication machine (fecon or hydro-axe) on the Uncompahgre plateau in 2016. The Contractor shall provide the mastication machine(s) and qualified operators in order to accomplish the project areas outlined in the contract. The project areas will be conducted in several different vegetation types and varying

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

STAR M. YEO

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

levels of difficulty. The specific areas of treatments are displayed in detail on the maps in the appendix.

Period of Performance: 07/18/2016 to 10/17/2016

001 North Uncompahgre Habitat Improvement Mastication

Project

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

58 2 of

PART 1- THE SCHEDULE

SECTION B - Supplies or Services/Prices

B.1 SCHEDULE OF ITEMS

B.2 OPTIONAL SCHEDULE OF ITEMS

SECTION C - Description/Specifications

C.1 SCOPE OF CONTRACT

C.1.1 Objectives C.1.2 Desired Outcomes and Benefits

C.2 PROJECT LOCATION

C.3 TREATMENT UNITS:

C.3.1 Pine Hill Pinyon/Juniper Treatment:

C.3.2 La Fair ponderosa pine treatment area:

C.3.3 Rocky Pitch Fire Line treatment:

C.4 WORK STANDARDS

C.5 CAMPING & HOUSING

SECTION D - Packaging and Marking SECTION E - Inspection and Acceptance

E.1 INSPECTION & ACCEPTANCE

E.2 AGAR 452.246-70 Inspection and Acceptance. (FEB 1988)

SECTION F - Deliveries or Performance SECTION G - Contract Administration Data

G.1 INVOICE

G.1.1 INVOICE FORMAT

G.1.2 INVOICE SHALL BE SUBMITTED TO

G.2 FOREST SERVICE REPRESENTATIVES

G.3 AGAR 452.215-73 Postaward Conference. (NOV 1996)

SECTION H - Special Contract Requirements H.1 Superintendence by Contractor H.2 Camping Permit Compliance H.3 Archaeological and Historic Sites H.4 Spill Plan H.5 Equipment Cleaning H.6 AGAR 452.228-71 Insurance Coverage. (NOV 1996) H.7 AGAR 452.236-72 Use of Premises. (NOV 1996) H.8 AGAR 452.236-73 Archaeological or Historic Sites. (FEB 1988) H.9 AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) H.10 AGAR 452.236-77 Emergency Response. (NOV 1996) H.11 AGAR 452.237-73 Equipment Inspection Visit. (FEB 1988) H.12 AGAR 452.237-74 Key Personnel. (FEB 1988)

SECTION I - Contract Clauses I.1 52.252-2 Clauses Incorporated by Reference. (FEB 1998) I.2 52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2015) I.3 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (MAR 2016)

(End of clause) SECTOION J - List of Documents, Exhibits and Other Attachments

J.1 List of Documents, Exhibits, and Other Attachments SECTION K - Representations, Certifications, and Other Statements of Bidders

K.1 FAR 52.212-3 Offeror Representations and Certifications-Commercial Items. (APR 2016) K.2 AGAR 452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

SECTION L - Instructions, Conditions, and Notices to Bidders L. 1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998) L.2 Proposal Preparation:

The following information shall be included on the SF 1449 Solicitation, Offer and Award:

L.3 52.212-1 Instructions to Offerors - Commercial Items. (OCT 2015) L.4 FAR 52.233-2 Service of Protest. (SEP 2006) L.5 AGAR 452.215-71 Instructions for the Preparation of Technical and Business Proposals. (SEP 1999) L.6 AGAR 452.215-72 Amendments to Proposals. (FEB 1988)

SECTION M - Evaluation Factors for Award M. 1 Award Determination M. 2 Offer Compliance M.3 FAR 52.212-2 Evaluation - Commercial Items. (OCT 2014) M.4 Factor Ratings

END OF SECTION M

PART 1- THE SCHEDULE

SECTION B - Supplies or Services/Prices The Contractor shall provide equipment, labor and materials to Uncompahgre National Forest location provided in the statement of work in accordance to the commercial terms, conditions and provisions contained in this contract. The contractor shall consider the following information in order to propose the pricing for work to be completed.

• Mobilization of the machine at the beginning and end of the work period.

• Fuel will be provided by the contractor and will be incorporated into the price per acre. A fuel trailer or similar container that is moveable should be provided to the job site for the duration of the contract.

B.1 SCHEDULE OF ITEMS

B.2 OPTIONAL SCHEDULE OF ITEMS

DUNS:_________________Email:_________________________

NOTE: Payment will be made on actual work performed as described in Statement of Work unless otherwise noted.

OFFERORS MUST BE REGISTERED WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM) IN

ACCORDANCE TO FAR 52.204-7. (www.sam.gov)

ITEM

DESCRIPTION

PAY

UNIT

EST.

QTY.

PRICE

TOTAL

B.1.1

Mobilization Lump Sum 1

B.1.2 Pine Hill Unit 1 Acres 197

B.1.3 Pine Hill Unit 2 Acres 77

B.1.4 La Fair Unit 1a Acres 320

Total $_________

ITEM

DESCRIPTION

PAY

EST.

QTY.

TOTAL

B.2.1

La Fair Unit 1b

Acres 150

B.2.2 La Fair Unit 1c

Acres 54

B.1.3 Rocky Pitch Fire Line 1

Acres 10

B.1.4 Rocky Pitch Fire Line 2

Acres 4

Total $ http://www.sam.gov/

SECTION C - Description/Specifications

C.1 SCOPE OF CONTRACT

The Contractor shall provide all equipment, supplies, transportation, labor, and supervision--necessary to complete the Uncompahgre plateau in 2016 project, except for that which the contract clearly states is to be furnished by the G o v e r n m e n t .

Equipment shall be furnished on a fully operational basis, of modern design, and in good operating condition, with competent, fully qualified operators. Masticators shall be of Fecon or Hydro-axe design with rubber tires.

The project areas will be conducted in several different vegetation types and varying levels of difficulty.

The specific areas of treatments are displayed in detail on the maps in the attachments. Once the primary target acres are accomplished, the remaining units will be additive and completed as the funding remains available to accomplish these other target acres.

A qualified operator(s) that are familiar with the machine and can work for an extended period of time on the various planned projects. Operator(s) will be responsible for the daily maintenance and upkeep of the machine.

Contractor will provide on-site support equipment that can optimize the daily production. This would likely be in the form of a fully equipped service truck that can provide service and repairs in the field.

Contractor will utilize a GPS unit to delineate treatment units and areas that are to be avoided.

No new roads or trails will be constructed during the implementation phase of the project, with access and travel, restricted to existing roads and trails within the project area.

All mastication work shall be done in a manner that does not damage leave trees not specified to be treated.

Multiple pieces of equipment will be necessary in order to meet the timeline of this contract. Prospective contractors must address their ability to complete the contract within the time allotted.

C.1.1 Objectives The primary objectives of the proposed treatments is to thin various vegetative stands in order to improve stand growth and health, promote the growth of understory forbs and shrubs; while reducing the threat of a catastrophic wild-fire or pine beetle infestation within this stand. The machines may also be utilized to help create fire lines and fire breaks around future planned prescribed fire areas. This would require the mastication of all vegetation along a linear perimeter approximately 10 -20 feet in width.

The objectives will depend on the vegetation type and the specific project area that is being worked in.

Overall, the mastication work will improve growing conditions for shrubs, grasses and forbs; while reducing hazardous fuels. This will enhance available forage for big game and other wildlife species that utilize these areas throughout the year. An additional objective will be to create variable stocking conditions within the stand resulting in some areas remaining clumped (high stocking), some areas with wider spacing and some small openings (low stocking).

C.1.2 Desired Outcomes and Benefits The desired end product will be dependent on the vegetation being treated and the intent of that specific treatment area. Treatments in mature ponderosa pine stands will result in a more open ponderosa pine stand that will reduce 40 – 70% of the understory vegetation. Vegetation that provides ladder fuels to mature pine trees will be targeted. The ponderosa pine treatment areas will provide roosting, cover and foraging habitat for a variety of species, particularly turkeys and big game species. We are anticipating accelerated growth of grasses, forbs and shrubs in the understory; and a larger, mature stand of ponderosa pine for the next several decades.

Treatments in Pinyon Juniper woodlands will reduce the overall density of the stand by mowing 50 -70% of the standing vegetation. Leaves islands will be left throughout the stand in a mosaic pattern. This will reduce the overall threat of a catastrophic wildfire and will open the understory of this habitat type in order to encourage the growth of grasses and forbs that big game species rely on.

Treatments that are part of fire line preparation will create linear breaks in the vegetation that will enable future prescribed burning in a safe and more controlled environment. Treatments will be approximately 20 feet wide and will require the removal of all vegetation in this linear treatment.

C.2 PROJECT LOCATION

The mastication work will occur on the Grand Valley Ranger district of the Uncompahgre Plateau in Mesa County, Colorado. There are three different treatment units that are targeted for treatment in the area. The project area is approximately 30 – 40 miles southwest of Grand Junction, CO. See the maps in the appendix for the project locations. All areas that need to be worked in will be closely coordinated with the operator. Maps of units or linear fire lines will be provided to the operator, as well as a GPS unit. The operator will be expected to be able to navigate the treatment areas with a GPS unit.

C.3 TREATMENT UNITS:

There are three distinct treatment areas that may be treated depending on the funding and price/acre of the contract. The descriptions below will describe the different treatment areas and the prescription for each area.

C.3.1 Pine Hill Pinyon/Juniper Treatment:

This area is comprised of 276 acres of fairly dense pinyon/juniper woodlands. The stand is on a gradual uphill incline, but it is not too steep to operate on. The stand appears to have been hand thinned at some point in the past. The prescription would be to remove 50 – 70% of the stand leaving trees in mosaic patterns and in leave islands across the stand. Access is available on an old two-track road that is directly accessible from a major Forest Service/County Road.

These will be the first units treated under this contract.

a) Unit 1- 197 acres. This will be the primary unit treated under this contract. If the price/acre allows, we will finish unit 2 at the same time.

b) Unit 2 - 77 acres.

C.3.2 La Fair ponderosa pine treatment area:

This area is located on up the Uranium road from the pine hill project area. The machines will be need to be driven individually up the hill to this project area. This project area borders the divide road, a highly maintained Forest Service/county road. The area that is intended for treatment in 2016 was divided into 3 units and the amount treated will be dependent on the price/acre for the contract. This treatment area is comprised of mature ponderosa pine with a mixed mountain shrub understory, primarily gambel’s oak. There are pockets of smaller aspen and mixed conifer mixed throughout the stand. The prescription will be to reduce the understory and ladder fuels in the stand. Smaller diameter ponderosa pine will be maintained in the stand. There is good access and the terrain is flat.

a) Unit 1a – 320 acres. This will be the target unit treated under this contract. If the price/acre allows, we will finish the remaining two units at this time.

b) Unit 1b – 150 acres.

c) Unit 1c – 54 acres

C.3.3 Rocky Pitch Fire Line treatment:

This project area in on the far north end of the Uncompahgre plateau. The treatment will create a 30 foot wide fire line around the proposed burn unit. The vegetation is primarily mixed mountain shrub and manzanita. There are 14 total acres in this treatment area.

C.4 WORK STANDARDS

Specifications: Mechanical Fuels Treatment (mulching) -

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

2) Potential treatment areas are discussed below by the dominant vegetation that may be present:

a) Ponderosa pine areas -

• Mow and shred 40-70% of the understory within the ponderosa pine stand.

• Understory vegetation will not be a priority for treatment along roads and trails.

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

b) Pinyon/Juniper forest-

• Remove 50 -70% of the existing stand.

• Mow vegetation in irregular pattern leaving islands in a mosaic across the landscape.

c) Fire Line Treatment-

• Vegetation is mainly comprised of mixed mountain shrubs and manzanita. Some smaller ponderosa pine is also present. All vegetation under 6” DBH in this linear line will be removed.

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.

Standards:

Treatment units will not be flagged and will be easy to identify based on the vegetation. In addition, shapefiles 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 during implementation.

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

AG-82MK-S-16-0009

North Uncompahgre Mastication Project 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.

Treatments 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; however camp sites must be pre-approved by the COR and campsites must be 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.

C.5 CAMPING & HOUSING

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

Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. (See also Section H, Camping Permit Compliance)

SECTION D - Packaging and Marking No additional clauses or provisions in this section

SECTION E - Inspection and Acceptance

E.1 INSPECTION & ACCEPTANCE

Inspections shall be conducted by physical inspection. Inspections will be performed at the delivery location at which the work can be inspected. Inspections services provided hereunder will be accomplished by the Contracting Offer or his/her assigned designee(s).

Formal Acceptance or rejection of supplies provided under the terms and condition of this contract will be accomplished by the Contracting Officer or Contracting Officers Representative.

E.2 AGAR 452.246-70 Inspection and Acceptance. (FEB 1988)

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

(b) Inspection and acceptance will be performed at:

Grand Valley RD, 2777 Crossroads Blvd, Grand Junction, CO 81506.

(End of clause)

SECTION F - Deliveries or Performance

No additional clauses or provisions in this section.

SECTION G - Contract Administration Data

G.1 INVOICE

The Department of Agriculture (USDA) mandated the transition of all Integrated Acquisition System (IAS) payments to the US Treasury Invoice Processing Platform (IPP). This allows electronic routing and approval of IAS related invoices. The Forest Service's (FS) completed transition to the new process is scheduled for February 24, 2014.

Treasury's IPP enables vendors to electronically enter, submit, as well as track invoice status. The invoice information entered by the Vendors in IPP is used to route the invoice through the appropriate approval process, based on the contract. The following is a small list of benefits:

• Reduces the number of improper invoices and agency data entry errors

• Reduces the amount of interest paid and will assist with compliance of the Prompt Payment Act

• Enables the FS to identify the amount of IAS invoices and its particular point in the approval process

• Provides remittance data (payment notifications) to vendors to include Treasury offset information

It will be necessary for contractors to login to their IPP accounts every 90 days to keep their IPP accounts active. 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 located on the IPP website. Please make sure that your company has registered with IPP to establish your account.

G.1.1 INVOICE FORMAT

The invoice format/template the contractor shall use in submitting invoices is to reflect the award document with the individual line items through the IPP platform. The contractor shall attached their company’s version of the paper invoice to the IPP invoice.

G.1.2 INVOICE SHALL BE SUBMITTED TO

Contractor shall submit invoices to the IPP platform.

IN ACCORDANCE TO THE TERMS AND CONDITIONS OF THIS CONTRACT.

PAYMENT:

Will be made by the Department of Treasury after invoice approval through IPP within 30 days.

G.2 FOREST SERVICE REPRESENTATIVES

Star Yeo will serve as the Contracting Officer on this contract. She will have full warrant authority over all contract issues. She is also the designated point of contact for this contract. She can be reached at 303-275- 5311 or Starmyeo@fs.fed.us .

The Contracting Officer Representative is responsible for the on-site administration of this contract. The delegated authority and responsibilities will be defined on a delegation letter issued after contract award.

The Contracting Officer Representative for this contract will be assigned on award.

G.3 AGAR 452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within * days after the date of contract award. The conference will be held at:

Grand Valley RD, 2777 Crossroads Blvd, Grand Junction, CO 81506.

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

(End of Clause)

SECTION H - Special Contract Requirements

H.1 Superintendence by Contractor The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language .

H.2 Camping Permit Compliance Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

H.3 Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (16 USC 433). The contractor shall avoid these areas.

H.4 Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CPR 112), including certification by a registered professional engineer.

The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and cleanup of petroleum products spills caused by Contractor's employees or resulting from contract operations., The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

H.5 Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. "Off-road equipment" includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

H.6 AGAR 452.228-71 Insurance Coverage. (NOV 1996) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

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

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

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

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

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

(End of Clause)

H.7 AGAR 452.236-72 Use of Premises. (NOV 1996)

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

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

H.8 AGAR 452.236-73 Archaeological or Historic Sites. (FEB 1988) If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

(End of clause)

H.9 AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

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

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

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

(End of clause)

H.10 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.

(End of clause)

H.11 AGAR 452.237-73 Equipment Inspection Visit. (FEB 1988) Offerors are urged and expected to inspect the equipment on which maintenance or repairs are to be performed and to satisfy themselves regarding all 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 equipment constitute grounds for a claim after contract award.

Offerors are invited to inspect the [] at [] by telephoning [] on [] for an appointment.

H.12 AGAR 452.237-74 Key Personnel. (FEB 1988)

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

Contractor Representative, Foreman

Contractor Inspector

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below.

After the initial 90-day period, the Contractor shall submit the information required by paragraph

(c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

SECTION I - Contract Clauses

I.1 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

52.217-8 Option to Extend Services (NOV 1999) 52.217-9 Option to Extend the Term of Service (MAR 2000) 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) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.245-1 Government Property. (APR 2012) - Alternate I (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.204-13 System for Award Management Maintenance. (JUL 2013) (End of clause)

I.2 52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe http://farsite.hill.af.mil/ weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer- Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the

Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) System for Award Management (SAM) (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has…