Los_Griegos_Cut-Skid-Deck_Solicitation_AG-8379-S-15-0021.pdf

REQUEST FOR QUOTATION

PAGE OF

PAGES

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE 1 41

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

AG-8379-S-15-0021 08-06-2015 762003

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

SANTA FE NATIONAL FOREST

NORTHERN ACQUISITION MANAGEMENT ZONE

11 FOREST LANE

SANTA FE, NEW MEXICO 87508

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION

NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

David Casey (Technical) JOSEPH VAROZ (Contracting)

289-3264 438-5341

NAME OF CONSIGNEE

8. TO:

NAME COMPANY STREET ADDRESS

STREET ADDRESS CITY

CITY STATE ZIP CODE STATE ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the

August 24, 2015, 10:00 AM MDT submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f)

1.

Los Griegos Cut-Skid-Deck Project Jemez Ranger District, Santa Fe National Forest.

Contractor shall furnish all materials, equipment, labor and incidentals to onduct Cutting, Skiddi ng & Decking operations on 273 acres.

Note: All quoters are required to submit a written offer to be considered for award. Please include all applicable taxes in your quote.

Offers shall be emailed to: jvaroz@fs.fed.us All offers must be received no later than 10:00 A.M MDT on August

24, 2015.

acre

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR

DAYS

c. 30 CALENDAR DAYS d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e.

STATE

f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a) mailto:jvaroz@fs.fed.us

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Item

Unit measure

Unit

Price

# 1 Cut/skid/deck Acres 273

Total $ _

Date:

DUNS # _______________________________________

Please include all applicable taxes in your quotation. Contract time for this contract will be 60 calendar days.

All potential contractors must be registered in SAM.gov at the time quotations are due in order to be considered for award.

NOTE: All quoters must submit a response to the evaluation criteria listed in Section

M of the Solicitation in order to be considered for award. Failure to submit a written response to the evaluation criteria will result in the offer not being considered for award.

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

LOS GRIEGOS CUT SKID DECK PROJECT

SCOPE OF THE PROJECT:

The objectives of the Los Griegos Cut-Skid-Deck Project are to reduce the area's susceptibility to bark beetle, reduce wildfire risk to adjacent community, and promote aspen regeneration. The project area is adjacent to the Los Griegos subdivision, which is a CWPP identified wildland urban interface (WUI). The treatments associated with this project will complement previous fuels reduction in the area.

The area is 273 acres with elevations from 8600 to 9200. The stands aspect is predominately west but the area is cut by several east west running drainages that create north south aspects. The ridges are well drained pumice soils with deep mollisols in the drainage bottoms. Slopes are generally less than 20% with short pitches reaching 40%.

Two tracks follow the drainages.

The area is a mix of ponderosa pine on the south aspects and predominately mixed conifer on the north aspects and a mix of all species on the east and west aspects. The stand was logged perhaps 30-40 years ago with most of the large (+20 inch DBH) trees cut. The area was thinned from below in 2011 where trees less than 9 inches DBH were cut and the slash piled and burned. Mature aspen clones are scattered throughout the pine and mixed conifer.

The aspen is in decline with some patchy but scarce regeneration occurring. Dwarf mistletoe (DM) occurs throughout the stand in the ponderosa and Douglas fir and is severe in places. The NEPA decision limits the diameter of trees to be cut to less than 20 inches DBH for Douglas and white fir and 18 inches for ponderosa pine.

This solicitation is for cutting, skidding, decking on 273 acres on the Jemez Ranger District of the Santa Fe National Forest in the State of New Mexico. The treatments consist of cutting

(thinning according to a silvicultural prescription ), skidding and decking of cut logs greater than 6 inches DBH.

Location: Legal

NMPM T18N R3E Sections 14,13 ; NMPM T18N R4E Section 18

SITE VISIT: Site visit will be available on request. Please contact Dave Casey at 575-289-3264 or Bill Armstrong at 505-438 – 5434 for directions or a site visit.

OFFERS ARE DUE BACK BY: August 24, 2015 10:00 AM MDT

CONTRACT TIME: 60 CALENDAR DAYS from Notice to Proceed.

WORK IS ANTICIPATED TO START Sept. 28, 2015.

It is the Government’s intention to award a firm fixed price contract.

The bid price shall include all costs associated with the work. For example, overhead, profit, direct and indirect labor, equipment, etc., shall be included in the cost.

ATTACHMENTS:

1. Detailed Information Sheet, Section C-M

2. Maps

3. Fire Plan

4. Wage Determination

TECHNICAL CONTACT:

For technical questions, contact Bill Armstrong at 505-438-5434. Contractors are encouraged to review the site prior to submitting their pricing.

CONTRACTING OFFICER: Joseph Varoz 505-438-5341

SECTION C –SPECIFICATIONS

C. 1 .6 Boundaries: The boundary of the project is marked with orange paint facing into the project area.

SEE MAP

C.2.1 Definitions:

Basal area -The cross section area of a tree expressed as square feet per unit area. Tree basal area is used to determine percent stocking.

Co-dominant tree - Tree crowns receive foll light from above, but comparatively little from the sides. Crowns form a general level of crown stratum, are not physically restricted from above and are crowded by other trees from the sides.

Crown Ratio - The ratio (expressed in percent) of live, healthy crown to the total height of a tree. For example, a 70-foot tall tree with 35 vertical feet of heal thy crown would have a crown ratio of 50 percent.

- Diameter at Breast Height (4.5 feet above the ground ).

Damaged Tree (one or more of the following list)

1. Any tree that has bark cut or removed to the cambium from more than 30% of the circumference of the bole.

Any tree that has had 25% or more of the live limbs or branches broken or removed by any operation.

3. Any tree that has a broken top.

- Leave trees are identified (i.e. "designated'") by the Government in a written description of how they should be selected by the contractor. The Govern men t does not identify leave trees on the ground by any type of marking paint or brand. Unless otherwise stated in the written description

DRC - Diameter Root Collar, diameter measured at the base of a tree.

Hazard tree - Tree designated by the COR that poses a danger to the public or infrastrueture.

Leave Trees - Characteristics used in the select ion of leave trees include the followi ng:

1 ) Have no apparent damage to the main bole;

2) Dominant and co dominant trees demonstrating good vigor with at least 40 percent crown ratio or largest crown ratio if none greater than 40 percent is present.

3) Desired species and health for stand as described in silvi-cultural prescription

Machine Trail - Area in which equipment operates to access the unit, harvest trees and/or treat slash.

Mastication - Mechanically shredding or renderi ng woody material into a specified consistency.

Obstacle - Any object, which can impede, or damage the shredding/mulching or tree cutting equipment. This could include rocks, road banks or culverts.

Riparian - Of, on, or relating to the banks of a natural course of water.

Treatment Unit - Area where contract work will be completed that is delineated on the

Project Area Map.

GOVERNMENT-FURNISHED PROPERTY AND SERVICES:

There is no government-furnished property for this project. There are no salvage rights granted with this contract. Any material cut during contract will not b e removed by Con tractor a n d remains property of the Government.

SPECIFIC TASKS

STANDARDS:

The following stand and treatment descriptions are general in nature and may not apply to specific stand conditions. The designation by prescription may be altered if agreed upon by the Contracting Officer and Contracting Officer Representative (COR) in writing and only for the purpose of meeting USDA Forest Service objectives.

Prescription:

Cut all aspen less than 20 inches DBH.

Cut all fir less than 20 inches DBH.

Leave dominant and co-dominant trees regardless of spacing. Where DM is present in the pine but not in the fir leave the Douglas fir. Where DM is present in the fir but not in the pine leave the pine. Where DM is present in both species favor the pine for leave trees.

Leave trees should have less than a 2 DM infection rating (Hawksworth DM rating).

1) Cut trees shall be felled within unit boundaries and away from archeological sites, campground infrastructure, roads, trails, telephone/power-lines, fences and land corners. Any tree falling on such areas shall be removed.

2) The tops of cut trees shall be severed at 4 inches i n diameter. Limbs of cut trees shall be cu t flush with the bole/main stern of the tree.

3 ) Felling shall be done in a manner to minimize damage to the residual stand.

4) Stumps shall be no mo r e t ha n 1 2 ” f r o m g r o u nd le v e l .

4) Machi ne inaccessi ble grou nd may be excluded from treatment i f agreed u pon between the contractor, C o n t r a c t i n g O f f i c e r a n d COR.

5) Trees that are judged hazard trees by the COR will be painted yellow by the COR and cut and removed by the contractor.

Slash and trees less than 6 inches DBH shall be piled. In large jackpot piles greater than 10’ in diameter. Piles need to free of foreign material and have mixtures of fine and heavy fuels with heaviest on top to promote good fuel consumption during ignition.

Location of all landi ngs, tractor roads, and skid trails shall be agreed upon by the Contractor and COR prior to their construction. Cut trees 6 inches DBH and larger shall be skidded to and decked along existing two track roads or corridors defined by the COR. The intent is to encourage and provide access for later fuelwooding.

Trees may be skidded on permanent roads only by prior permission f r o m the COR.

After a skid trail is no longer needed or prior to when the Contractor suspends operations the Contractor shall remove ruts and berms, and build cross ditches and water bars or scatter slash over the trail decided on the grou nd by the Contracting Officer or designee.

The kinds and intensity of erosion control work clone by Contractor shall be adjusted to ground and weather conditions and the need for controlling ru noff. Erosion control work shall be kept current immediately preceding expected seasonal periods of precipitation or runoff.

C.6.1 Water Quality The following measures shall be observed to protect stream course.

Equipment shall only cross streams at designated crossings determined by the COR.

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. If the soils are saturated such that ruts 4 inches or deeper are created by heavy vehicle, the COR may require that the Contractor cease operations until the soils dry out or freeze.

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

l ) Protection of Improvements and Survey M onuments - The Contractor(s ) shall avoid any damage to i mprovements 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) Damaged Trees - The Contracting Officer's Representative may require the Contractor to sever from the stump trees damaged by the Contractor or Subcontractors. The COR or designated inspector will identify and mark all damaged trees.

a) Any tree that has bark cut or removed, by Contractor's operation, to the cambium from more than 30% of the circumference of the bole.

b) An y tree that has had 25 % or more of the live limbs or branches broken or removed by Contractor's operation.

c) Any tree that has the top broken by Contractor’s operation.

3) - Protected cultural areas will be flagged by the Forest Service for avoidance with white ribbon. Should any additional heritage or cul tural sites be discovered during operations, the Contractor shall immediately stop treatment in that area and contact the

4) No more than 15% of the treatment area shall have exposed mi neral soil due to operations.

Naturally occurring exposed soil shall not be considered i n the 15% calculation.

C.6.4 Safety

When the Contractor's operations are in progress adjacent to or on Forest Service/County controlled roads and trails open to public travel, the Cont ractor shall furnish, install and maintain all temporary traffic controls that provide the user with adequate warning of hazardous or potentially hazardous condi tions associated with the Contractor's operations.

Contractor shall take precautions when operating direc tly adjacent to private land to avoid creating hazardous conditions that compromise the safety of residents or that may 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 machinery is in operation. Roads and ditches shall be kept free of debris generated by the Contractors operations.

Commensurate with use, the Contractor is responsible for maintai ning all machine trails within the project area. Maintenance shall be performed in a timely manner to prevent rutti ng and seasonal weather damage, and safeguarding soil and vvater quality, and provide for safe use. The Contractor shall keep ditches, culverts, water bars and other drainage facilities clear and functioning.

Cleaning of equipment: The Contractor shall insure al l equipment moved onto Public

Lands is free of soil, seeds and vegetative matter or other debris that could contain or hold seeds. The Contractor shall employ whatever cleaning methods are necessary to insure compliance, and shall notify the COR prior to moving each piece of equipment onto Public

Lands. Notification will include identifying the location of the equipment's most recent operations. Arrangements will be made for the COR to inspect each piece of equipment prior to it being moved onto Public Lands.

"Equipment" includes all machinery except for log trucks, chip vans, picku p trucks, cars, or other vehicles primarily for transport of personnel.

The following table describes the major items in the contract with the incentives and deductions for the work described.

Work Statement Performance

Standard

Gov't

Method of Assessment

Deduction

Tree

Thinning cutting methods

Quality meets specifications

Visual

Inspecti on

Rework required if

Con tractor fails to meet standard.

Slash Treatment Quality meets specifications

COR or

Inspector

Rework required if Contractor fails to meet

Skidding/Decking

Quality meets specifications

Visual

Inspecti on

Rework required i f

Contractor fails to meet

Section D – Packaging & Marking

This page intentionally left Blank

Section E – Inspection & Acceptance

E- 1 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.

E- 2 Inspection and Acceptance: The Government may, at its option, perform inspections in accordance with Clause E-1, paragraph (b). If the Government exercises this option, determination of the acceptability of the work performed will be based on these inspections and will be considered conclusive, except as otherwise provided in the contract. The Contractor or a designated representative is encouraged to observe inspections while they are under way.

(a) Inspections will consist of field observations of thinning activities to verify compliance with contract terms.

The Contracting Officer’s Representative (COR) or a designated Inspector shall perform inspections while thinning operations are in progress and immediately after they have ceased for compliance with the specifications.

(b) Acceptance will be based on 100 percent visual inspection for adherence to the

Scope of Work. If inspection shows unacceptable work, the Contractor will be required to correct deficiencies in order to comply with the COR’s direction. If COR determines work is correctable, the Contractor will be required to rework immediately.

E- 3 Quality Assurance Inspections:

(a) Work that does not meet the contract requirements will be brought to the

Contractor's attention. Repetitive or continuous failure to meet contract requirements may result in a quality adjustment to payment or the Contractor's right to proceed may be terminated.

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 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. The full text of a clause may be accessed electronically at these addresses:

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F- 2 Contract Period: The contract period shall extend for 60 days from the date issued on the Notice to Proceed issued by the Contracting Officer.

F- 3 Contract Time:. 60-Days. The Contractor shall start work promptly after receipt of a Notice to Proceed. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time.

F- 4 AGAR 452.211-74 Period of Performance [Of the Contract] (FEB 1988)

The Government will issue A Notice to Proceed as soon as weather and ground conditions are favorable for work on one or more of the areas. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is e-mailed; Or (2) on the third-day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) when thinning and/or other work commences, whichever is sooner. Failure of the Contractor to pick-up

Certified Mail will not be considered excusable.

http://www.acquisition.gov/far/

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1 - Measurement and Payment: Payment will be made at the rates shown in the

Schedule of Items. Successful completion will be determined by Government inspection and acceptance as the thinning and fireline construction operations occur.

(a) Quantity of measure. Visual inspection per the contract Scope of Work.

(b) Payment. Payment will be made at the unit price when all specifications have been complied with and will be made as follows:

Thinning: Hours worked times the per acre rate in the schedule of items.

Example: 5 acres x $30/acre = $150

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 - Use of Premises (AGAR 452.236-72) (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 lands 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

(1) provide and maintain sanitation facilities for the workforce at the site, and

(2) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H- 2 – Pre-work Conference: Prior to commencement of work a pre-work conference will be scheduled. The Contractor shall attend the meeting to review the contract terms and work performance requirements. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, Safety plans, and Santa Fe National

Forest Fire Plan shall be finalized in writing.

H- 3 - Camping and Worksite Conditions: The Contractor shall obtain a camping permit from the National Forest the work is being performed on, prior to camping on Forest

Service land. Final payment shall be withheld until the authorized camping areas have been cleaned up to the requirements of the Camping Permit.

H- 4 - Safety Plan: The Contractor shall prepare a Safety Plan, outlining actions that will be taken to perform work in a safe manner. The Safety Plan must address how Contractor will assess the work site to determine if it is safe to work in the area, and how conditions will be monitored for changing conditions. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite. .

H- 5 - Contractor's Representative: All work under this contract shall be performed in a skillful and professional manner. The Contracting Officer may require, in writing, that the Contractor remove from the work location any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

The Contractor's onsite representatives (Foreman/Woman & Crew Lead) shall be fully conversant in the English language.

H- 6 – Program of Work: Work shall be performed in an organized systematic manner.

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. The full text of a clause may be accessed electronically at these addresses:

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

52.202-1 Definitions. (NOV 2013)

52.203-5 Covenant Against Contingent Fees.

52.203-6 Restrictions on Subcontractor Sales to the Government.

52.203-7 Anti-Kickback Procedures.

52.203-13 Contractor Code of Business Ethics and Conduct.

52.203-14 Display of Hotline Poster(s)

52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights.

52.204-6 Data Universal Numbering System Number

52.204-7 System for Award Management. (JUL 2013)

52.204-8 Annual Representations and Certifications

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

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

52.211-10 Commencement, Prosecution, and Completion of Work

52.211-11 Liquidated Damages--Supplies, Services, or Research and Development.

http://www.acquisition.gov/far/

52.211-12 Liquidated Damages-Construction

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.212-1 Instructions to Offerors- Commercial Items

52.212-3 Offerors Representations and Certifications-Commercial Items

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

Commercial Items

52.215-8 Order of Precedence-Uniform Contract Format

52.216-24 Limitation of Government Liability. (See Note 1.)

52.216-25 Contract Definitization. (Note 1.)

52.219-1 Small Business Program Representation

52.219-2 Equal Low Bids

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

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation

52.222-6 Construction Wage Rate Requirements. (MAY 2014)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-11 Subcontracts (Labor Standards). (MAY 2014)

52.222-12 Contract Termination - Debarment. (MAY 2014)

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY

2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-17 Nondisplacement of Qualified Workers

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000. (MAY

2014)

52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

52.222-26 Equal Opportunity. (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999)

52.222-35 Equal Opportunity for Veterans. (JUL 2014)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

52.222-37 Employment Reports on Veterans. (JUL 2014)

52.222-50 Combating Trafficking in Persons. (MAR 2015)

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

52.223-1 Biobased Product Certification.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

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

52.224-2 Privacy Act. (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.225-14 Inconsistency Between English Version and Translation of Contract

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran--Representation and Certifications.

52.228-14 Irrevocable Letter of Credit. (NOV 2014)

52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)

52.232-16 Progress Payments.

52.232-23 Assignment of Claims. (MAY 2014)

52.232-27 Prompt payment for construction contracts. (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013)

52.232-39 Unenforceabilityof Unauthorized Obligations.

52.233-1 Disputes. (MAY 2014)

52.233-2 Service of Protest

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-2 Differing Site Conditions. (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

52.236-5 Material and Workmanship. (APR 1984)

52.236-6 Superintendence by the Contractor. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts. (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR

1984)

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

52.236-15 Schedules for Construction Contracts. (APR 1984)

52.236-26 Preconstruction Conference. (FEB 1995)

52.236-28 Preparation of Proposal-Construction

52.242-1 Notice of Intent to Disallow Costs

52.243-5 Changes and Changed Conditions. (APR 1984)

52.244-6 Subcontracts for Commercial Items

52.245-1 Government Property. (APR 2012)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

52.253-1 Computer Generated Forms. (JAN 1991)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-

(1) The product cannot be acquired-

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption

(see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall-

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the

Contractor during the previous Government fiscal year, between October 1 and September

30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

52.223-6 Drug-Free Workplace. (MAY 2001)

(a) Definitions. As used in this clause-

"Controlled substance" means a controlled substance in schedules I through V of section 202 of the

Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 -

1308.15.

"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the

Federal or State criminal drug statutes.

"Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

"Drug-free workplace" means the site(s) for the performance of work done by the Contractor in connection with a specific contract where employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

"Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract. "Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance.

"Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor.

(b) The Contractor, if other than an individual, shall - within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration -

(1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the

Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

(2) Establish an ongoing drug-free awareness program to inform such employees about -

(i) The dangers of drug abuse in the workplace;

(ii) The Contractor's policy of maintaining a drug-free workplace;

(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this clause;

(4) Notify such employees in writing in the statement required by subparagraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will

(i) Abide by the terms of the statement; and

(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction;

(5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;

(6) Within 30 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:

(i) Taking appropriate personnel action against such employee, up to and including termination; or

(ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and

(7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) though (b)(6) of this clause.

(c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract.

(d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to FAR 23.506, render the

Contractor subject to suspension of contract payments, termination of the contract or default, and suspension or debarment.

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 nondevelopmental items as components of items to be supplied under this contract.

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41

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

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

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

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

If the subcontract (except subcontracts to small business concerns) exceeds

$650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

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

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29

U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

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

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

chapter 78 and E.O. 13627).

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

E.O. 13627).

(x) 52.225-26, Contractors Performing Private Security Functions Outside the

United States JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xi) 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (DEC 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

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

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

19.1008 Solicitation provisions.

(a) Insert in full text the provision at 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program, in all solicitations in the designated industry groups.

(b) Insert in full text the provision at 52.219-20, Notice of Emerging Small Business Set-Aside, in all solicitations for emerging small businesses in accordance with 19.1007(c).

(c) Insert in full text the provision at 52.219-21, Small Business Size Representation for Targeted

Industry Categories under the Small Business Competitiveness Demonstration Program, in all solicitations issued in each of the targeted industry categories under the Small Business

Competitiveness Demonstration Program that are expected to result in a contract award in excess of

$30,000.

28.102-3 Contract clauses.

(a) Insert a clause substantially the same as the clause at 52.228-15, Performance and Payment

Bonds - Construction, in solicitations and contracts for construction that contain a requirement for performance and payment bonds if the resultant contract is expected to exceed $100,000. The contracting officer may revise paragraphs (b)(1) and/or (b)(2) of the clause to establish a lower percentage in accordance with 28.102-2(b). If the provision at 52.228-1 is not included in the solicitation, the contracting officer must set a period of time for return of executed bonds.

(b) Insert the clause at 52.228-13, Alternative Payment Protections, in solicitations and contracts for construction, when the estimated or actual value exceeds $30,000 but does not exceed $100,000.

Complete the clause by specifying the payment protections selected (see 28.102-1(b)(1)) and the deadline for submission. The contracting officer may revise paragraph (b) of the clause to establish a lower percentage in accordance with 28.102-2(c).

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.

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.

ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR

CORPORATE APPLICANTS

ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR

CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated

Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it -

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

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

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

Representation by Corporations Regarding an Unpaid Delinquent Tax

(a.) Awards made under this solicitation are subject to the provisions contained sections 433 and 434 in the

Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that -

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin

Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked "is" above, the Offeror must complete paragraphs (2) and (3) of the representation. If

Offeror checked "is not" above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under

Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

4G52.222-701 Employment of Eligible Workers

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor

Relations Officer of their local INS office.

4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act

(MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR

500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the

Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, recordkeeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security…