S-17-0147.doc
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- Upper Sevier CSE (Dixie National Forest) Federal contract opportunity
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- AG-84N8-S-17-0147
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| File | Type | Posted |
|---|---|---|
| Exhibit_4d_-_Work_Item_4_-_Preliminary_List_of_Optional_Survey_Sites.xlsx | XLSX spreadsheet | |
| Exhibit_3_-_General_Vicity_Map.pdf | ||
| Exhibit_4c_-_Work_Item_3_-_Preliminary_List_of_Fuels_Survey_Sites.xlsx | XLSX spreadsheet | |
| Attachments_to_Solicitation.docx | DOCX document | |
| Exhibit_4a_-_Work_Item_1_-_Preliminary_List_of_Survey_Sites.xlsx | XLSX spreadsheet | |
| Exhibit_6_-_Fuels_Data_Collection_Data_Sheets.docx | DOCX document | |
| Exhibit_-_UpperSevierCSE_SOW20170516_BCedit.docx | DOCX document | |
| Exhibit_7_-_T_and_E_Noxious_Plant_List.xlsx | XLSX spreadsheet | |
| Exhibit_4b_-_Work_Item_2_-_Preliminary_List_of_Survey_Sites.xlsx | XLSX spreadsheet |
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SERVICE RFQ thru FAC 2005-94B and 95B – 1/19/2017
AG-84N8-S-17-0147
Upper Sevier CSE (Escalante RD-Dixie NF)
REGION 4 UTAH AQUISITION SUPPORT CENTER INSTRUCTIONAL COVER SHEET
issuing office:
U.S. Department of Agriculture
Forest Service
Utah Acquisition Support Center
2222 west 2300 south
Salt Lake City, UT 84119
FAX (801) 975-3483
solicitation no.: AG-84N8-S-17-0147 offers are solicited for: Upper Sevier CSE (Dixie National Forest) This project is set aside 100% for small business important – notice to offeror:
The following documents are required to be returned to formalize the estimate provided for the above referenced project.
-SF 18, Request for Quotation (Complete, Date and Sign)
-Schedule of Items (Page 3)
-Experience & Equipment Questionnaire (Attachment J- 3)
-AGAR 452.209-70 Representation by Corporation Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction (can be found in the attachments document)
-SF 1413 – Subcontractor Form (required is a subcontractor is proposed) (Attachment J- 4)
-Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction
(Attachment J- 5)
-FAR 52.204-8 Annual Representation and Certifications (Page 28)
-Contractors Narrative Responses to Evaluation Factors (Reference Section M)
IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE OR FAX COVERSHEET.
Return to:
Fremont River Ranger District
ATTN: Tamera Draper
138 South Main
Loa, UT 84747
Solicitation No: AG-84N8-S-17-0147 Please keep a copy of your quote for your records.
IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED AND VALID IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE PRIOR TO THE CLOSE DATE OF THIS SOLICITATION.
The website is WWW.SAM.Gov
IT IS ALSO REQUIRED THAT THE CONTRACTOR BE REGISTERED IN THE SAM DATABASE UNDER THE NAICS CODE THAT THIS SOLICITATION IS BEING ISSUED UNDER.
all solicitations shall be issued through the Federal Business Opportunities (FBO) Web Page (www.fbo.gov). no paper solicitations shall be issued. it is the offerors responsibility to watch for any and all amendments to the solicitation, which shall be issued electronically through the FBO website.
REQUEST FOR QUOTATION
PAGE OF PAGES
| (THIS IS NOT AN ORDER) |
| THIS RFQ |
| X |
| IS |
| IS NOT A SMALL BUSINESS SET- ASIDE |
| 1 |
| 36 |
| 1. REQUEST NO. |
| 2. DATE ISSUED |
| 3. REQUISITION/PURCHASE REQUEST NO. |
| 4. CERT. FOR NAT.DEF. |
| RATING |
| AG-84N8-S-17-0147 |
| 06/22/2017 |
UNDER BDSA REG. 2
AND/OR DMS REG. 1
| 5a. ISSUED BY |
| 6. DELIVER BY (Date) |
USDA – FS, Region 4 Fremont River Ranger District
ATTN: Tamera Draper – UASC 138 South Main Loa, Ut 84747 See Contract Time
| 5b. FOR INFORMATION CALL (NO COLLECT CALLS) |
| 7. DELIVERY |
FOB DESTINATION
| NAME |
| TELEPHONE NUMBER |
| X |
| OTHER (See Schedule) |
| AREA CODE |
| NUMBER |
| 9. DESTINATION |
| Tamera Draper |
| 435 |
| 896.1095 |
| a. NAME OF CONSIGNEE |
| 8. TO: |
| Sec. C - Location & Description |
| a. NAME |
| b. COMPANY |
| b. STREET ADDRESS |
| c. STREET ADDRESS |
| c. CITY |
| d. CITY |
| e. STATE |
| f. ZIP CODE |
| d. STATE |
| e. ZIP CODE |
| 10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date) |
| 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 |
| 07/14/2017 at 1:00 pm Mountain Time |
| 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) |
Upper Sevier - CSE Escalante Ranger District
Dixie National Forest
Garfield County, Utah
PLEASE PLACE YOUR QUOTE IN SECTION B - SCHEDULE OF ITEMS
Furnishing Quotation: Complete Standard Form 18, Section B, Section K, Experience Questionnaire and Section L as your quote. Return to the address shown in Block 5a. Please place “Solicitation No.
AG-84N8-S-17-0147 on the envelope.
| 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 |
| X |
| 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 |
DUNS No._____________ TIN No._____________________ CAGE Code (see FAR Provision 52.204-16) ________________
| 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)
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICES
Upper Sevier CSE Escalante Ranger District
Dixie National Forest
Garfield County, Utah B- 1 Schedule of Items Item No. 1 – Upper Sevier CSE
| Work Item |
| Sub Item/Description |
| Unit of measure |
| Quantity |
| Variable Plot Unit Price |
| Fixed Plot |
Unit Price Price
| 001 |
| 1. Stand Exam Data Collection Services |
| Plot |
| 319 |
| $ |
| $ |
| $ |
| 1. Stand Exam Data Collection Services |
| Plot |
| 843 |
| 003 |
| 1. Fire Effects Monitoring |
| Plot |
| 250 |
NA
| 004 |
| 1. Optional Work Item – Stand Exam Data Collection Services |
| Plot |
| 1838 |
TOTAL $____________________
| Name of Company (please print):_____________________________ |
| Date:____________________ |
| Signature of Company Agent: _______________________________ |
| DUNs Number: ___________ |
Printed Name of Company Agent:____________________________ Phone Number: ___________
E-Mail Address:__________________________________________
B- 2 Quote on all items. Only quotes to the nearest cent will be accepted.
B- 3 Written Acceptance Any Purchase Order resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.
B- 4 Basis of Award
One award will be made. Offer of award will be made to the Quoter(s) whose quote, as determined by the Contracting Officer, provides the best value to the Government, considering but not limited to, such factors as price, past performance, and capability to accomplish this type of work. The Experience Questionnaire will be used as part of this evaluation.
PART I - THE SCHEDULE
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
General Specifications
C- 1 Scope of Contract
Introduction
The purpose of this contract is to provide plot inventory, fuels monitoring and stand examination data. It involves locating and establishing plots, measuring and recording trees, habitat types, and fuels data. The stand examination data provides information to help guide land manager’s decisions.
Scope of Contract
The scope of this contract is to furnish all labor, tools, equipment, transportation, and incidentals necessary to conduct reliable timber stand examinations and fuels monitoring. The work performed and the data collected shall be in compliance with the terms, specifications, conditions, and provisions of this solicitation and the current version of the Common Stand Exam Field Guide for Region 4. The Contractor’s electronic data shall successfully transmit to the USDA Forest Service FSVEG System using the computer equipment on the Dixie National Forest.
This contract is a Performance Based, firm-fixed price contract.
This work is being solicited as a performance based service contract. Performance based means the Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.
C- 2 Location and Description
The project is located on the Dixie National Forest. The Dixie National Forest is headquartered in Cedar City, UT which is located approximately 205 miles south of Salt Lake City or 190 miles northeast of Las Vegas, NV. The project area is accessed by Federal Highways, State Highways, County Roads, and Forest Roads. A small portion of the project area may be behind locked gates, access will be provided. Maps showing the general area and more specific locations are attached in the Exhibits Section.
C- 3 Access
Access to the project area is from U.S. Highway 89 and Utah Highways 12, 14, 20, 22, 143, and 153, paved two lane highways open year round. Other access roads are one lane, native surface, recommended for use by high clearance vehicles. Other access roads may be overgrown and need to be cleared to gain access before use. Contractor is responsible for clearing and maintaining access roads during the project.
C- 4 Fire Control
Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.
C- 5 Definitions
Calendar Days. Every day shown on the calendar, Sundays and holidays included.
Contracting Officer’s Representative (COR). The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in the letter of designation issued by the Contracting Officer
Quality Assurance. The actions taken by the Government to assess the results to determine that they meet contract requirements. The methods for quality assurance are described in the Quality Assurance Surveillance Plan (QASP).
Quality Control. Those actions taken by a Contractor to control the production of outputs to ensure that they conform to the contract requirements. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).
C- 6 Biobased Product Utilization The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.
The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).
The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.
2-Cycle Engine Oil Penetrating Lubricants Hydraulic Fluids
Greases Diesel Fuel Additives
Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.
In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.
The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Experience Questionnaire, Attachment J- 3).
Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2 and Section L, FAR Provision 52.223-1).
Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:
· The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.
· Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.
· Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.
NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.
· The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.
The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.
A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.
C- 7 Government-Furnished Property
The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.
The property and services that will be provided by the Government are as follows:
| Item # |
| Item |
| Description |
| Where, When, How |
| 3.1 |
| General Area Map |
| Overview of project area and compartments |
| Provided in Exhibit 3 |
| 3.2 |
| Digital Orthophoto Quadrangle (DOQ) Maps |
| One set of DOQ maps covering the areas to be sampled. |
| Provided at pre-work conference. |
| 3.3 |
| Topo maps (includes declination) |
| One set of topo maps covering the areas to be sampled. |
| Provided at pre-work conference. |
| 3.4 |
| Common Stand Exam User’s Guide, appendices, and data collection forms |
| Two copies of the USDA Forest Service’s Common Stand Exam User’s Guide, appendices, and data collection forms |
| Available from the internet website |
http://www.fs.fed.us/nrm/fsveg/index.shtml
| 3.5 |
| Fire effects Monitoring Protocols for FSVeg |
| Two copies of manual and associated data collection forms. |
| Provided at pre-work conference. |
| 3.6 |
| Publications |
| One copy of each publication needed to determine Plant Associations or Habitat Types. |
| Provided at pre-work conference. |
| 3.7 |
| Aids to Determining Fuel Models for Estimating Fire Behavior: GTR-INT122 |
| One copy of the publication |
| Provided at pre-work conference if required. |
| 3.8 |
| Forest Visitor’s Map or transportation map |
| One copy of map |
| Provided at pre-work conference. |
| 3.9 |
| Use of Premises permit |
| Permit to occupy the national forest in excess of time limits imposed in standard orders. |
| Provided when needed. |
| 3.10 |
| Common Stand Exam Inspection Form |
| One copy of inspection form |
| Provided at pre-work meeting. |
| 3.11 |
| Wage Determination Sheet |
Section J, Exhibit 7
| 3.12 |
| Portable Data Recorder software for CSE |
| One copy on compact disk or can be downloaded from the internet site : http://www.fs.fed.us/nrm/fsveg/index.shtml |
Provided at pre-work conference.
| 3.13 |
| PC-based data entry software (MS Windows operating system required) |
| One copy on compact disk or can be downloaded from the internet site at: |
http://www.fs.fed.us/nrm/fsveg/index.shtml
Provided at pre-work conference.
| 3.14 |
| GPS technical specifications |
| GPS datum and waypoints provided to plot centers |
| Provided at pre-work conference |
| 3.15 |
| Rebar (24 inch) |
| Rebar required to monument plot center for each fuels monitoring plot. |
| Provided at pre-work conference. |
All maps and other unused Government-furnished items shall be returned to the Government upon completion of the job or upon request of the Contracting Officer. Replacement cost for any lost, damaged, or unused Government property (rebar) that is not returned, shall be deducted from the Contractor’s final payment at the replacement cost.
C- 8 The following information is detailed in the Exhibit – Upper Sevier Watershed Stand Exams (Statement of Work for Contract).
· Contractor Work Requirements and Standards
· General Specifications
· Resource Protection Conditions
· Work Plan and Schedule
· Technical Specifications
· Plot Locations
· Handheld GPS Units
· Recording Requirements
· Qualifications
· Data Collection Specifications
· Setting Data
· Sample Design Data
· Plot Data
· Tree Data
· Vegetation Composition Data
· Down Woody Data
· Data Entry
· Quality Control
· Inspection and Acceptance
· Demonstration of Inspection Procedures
· Determination of Acceptable Work
· Deliveries or Performance
· Method of Payment
· Deliveries
· Contract Performance Time and Required Rate of Progress
· Contract Time
· Resource Protection Conditions
· Work Plan and Schedule
· Performance Summary
· Government Furnished Property
· Special Contract Requirements
· List of Attachments
· List of Exhibits
· Exhibit 1 – Sample Design Specifications
· Exhibit 2 – List of Acceptable Site Tree Species
· Exhibit 3 – General Vicinity Map
· Exhibit 4a – Work Item 1 – Preliminary List of Survey Sites
· Exhibit 4b – Work Item 2 – Preliminary List of Survey Sites
· Exhibit 4c – Work Item 3 – Preliminary List of Fuels Survey Sites
· Exhibit 4d – Work Item 4 – Preliminary List of Optional Survey Sites
· Exhibit 5 – CSE Exam Inspection Form
· Exhibit 6 – Fuels Data Collection Data Sheet
· Exhibit 7 – T&E, Noxious Plant List
· Exhibit 8 – SCA Wage Determination
C- 9 Government Quality Assurance
Quality assurance will be performed by the Government during the contract at regular intervals. Methods may include visual survey and review of Contractor quality control documents. Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction.
C- 10 Contractor Quality Control
The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.
Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.
PART I – THE SCHEDULE
SECTION D – PACKAGING AND MARKING
There are no clauses applicable to this section.
PART I - THE SCHEDULE
SECTION E - INSPECTION AND ACCEPTANCE
E- 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. 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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-4 Inspection of Services - Fixed-Price (AUG 1996)
E- 2 Additional Inspection and Acceptance Requirements Exhibit – Upper Sevier Watershed Stand Exams (Statement of Work for Contract).
E- 3 Quality Assurance Inspections
(a) The Government will perform periodic review of the Contractor's Quality Control Procedures, Plan, Inspection Reports, and customer comments.
(b) Quality Assurance Inspections will be made by random sampling or entire inspection of the work, and follow up of customer comments. When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor.
(c) Periodic means a minimum of one review each week, but may be done more frequently if necessary.
(d) 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.
PART I - THE SCHEDULE
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. 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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.242-14 Suspension of Work (APR 1984)
52.242-17 Government Delay of Work (APR 1984)
F- 2 Performance Period
Item No.
Approximate Starting Date
Contract Time (Calendar Days) 001, 002, 003 and 004
Immediately Upon Award
17 month (518 calendar days) The Contractor shall maintain progress at a rate which will assure completion of work within the calendar time specified.
The Government may issue a notice to proceed as soon as weather and ground conditions are favorable for work. The count of contract time will start on the date specified on the notice to proceed.
F- 4 AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from Date of Award through 17 monthos (518 calendar days).
PART I - THE SCHEDULE
SECTION G - CONTRACT ADMINISTRATION DATA
G- 1 Basis of Payment A. Payments- Payments will be made on the number of sample plots within an inspection/payment block if that block has been accepted. Payment may be made for partially completed blocks as determined by the Government. No payment will be made for unacceptable blocks.
B. Deductions- Deductions from payments will be made for the following conditions:
1. Re-inspection costs will also be deducted for any block that was reworked (other than the first re-inspection).
G- 2 Invoice Processing Platform (IPP)
The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.
Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.
PART I - THE SCHEDULE
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H- 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. 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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
452.236-72 Use of Premises (NOV 1996)
H- 2 AGAR 452.237-74 Key Personnel (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel: Project Manager
(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.
H- 3 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 fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.
H- 4 Landscape Preservation
(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.
(b) Operation 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.).
Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water 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.
Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.
H- 5 Camping Provisions for Labor Intensive Contracts The following provisions apply to all camping on National Forest lands during performance of this contract:
(a) These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.
(b) Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.
(c) The campsite will not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.
(d) The campsite shall have a clean appearance at all times.
(e) Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the Contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the Contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the Contractor of liability for the cost of their removal and restoration of the site.
(f) Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, Contractors, or recreating public. Disorderly conduct is not permitted.
(g) Damaging or removing any natural feature or other property of the Forest Service is prohibited.
(h) Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.
(i) Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.
(j) An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes.
(k) Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.
(l) Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.
(m) Basic first aid supplies shall be maintained, available, and under the charge of a person trained to administer first aid. The supplies shall include:
(1) Gauze pads (at least 4x4 inches)
(2) Two large gauze pads (at least 8x10 inches)
(3) Box adhesive bandages (band-aids)
(4) One package of gauze roller bandage at least 2 inches wide
(5) Two triangular bandages
(6) Scissors
(7) At least one blanket
(8) Tweezers
(9) Adhesive tape
(10) Latex gloves
(11) Resuscitation device such as resuscitation bag, airway, or pocket mask
(n) Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.
(o) Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.
(p) The Contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.
(q) The Contractor shall comply with the following fire regulations during fire season:
(1) A shovel, axe or pulaski, 10 quart pail which is full of water for immediate use and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.
(2) All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.
(3) All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (2).
(4) All fuel will be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.
(r) Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.
(s) The Forest Service reserves the right to terminate a camping permit at any time.
H-6 Personal Protective Equipment
(a) The Contractor will train in the safe operation and use of equipment to all workers using such equipment.
(b) Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.
(c) Defective or damaged personal protective equipment shall not be used.
(d) The Contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.
(e) The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.
(f) The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.
(g) The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.
(h) The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.
H-7 Contractor Performance Assessment Reporting System (FEB 2011)
(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS). Although the expected amount of this project is below the automatic reporting threshold, an evaluation may be entered into the CPARS system.
(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative may be required.
(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation may be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.
H-8 Prework Conference
Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
I- 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. 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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016)
52.204-13 System for Award Management Maintenance (OCT 2016)
52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)
52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)
52.211-18 Variation in Estimated Quantity (APR 1984)
52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)
52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.222-3 Convict Labor (JUNE 2003)
52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEPT 2016) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)
52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)
52.222-41 Service Contract Labor Standards (MAY 2014)
52.222-43 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) 52.222-50 Combating Trafficking in Persons (FEB 2009)
52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)
52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JULY 1995)
52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
52.224-1 Privacy Act Notification (APR 1984)
52.224-2 Privacy Act (APR 1984) 52.225-1 Buy American Act - Supplies (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008)
52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002)
52.232-9 Limitation on Withholding of Payments (APR 1984)
52.232-11 Extras (APR 1984)
52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (MAY 2014)
52.232-25 Prompt Payment (JAN 2017)
52.232-33 Payment by Electronic Funds Transfer—System for Award Management (JUL 2013)
52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
52.233-1 Disputes (MAY 2014) Alternate I (DEC 1991)
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)
52.236-8 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) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.237-11 Accepting and Dispensing of $1 Coin (SEPT 2008)
52.239-1 Privacy or Security Safeguards (AUG 1996)
52.243-1 Changes--Fixed-Price (AUG 1987) Alternate I (APR 1984) 52.243-4 Changes (JUNE 2007)
52.244-6 Subcontracts for Commercial Items (JAN 2017)
52.245-1 Government Property (JAN 2017) 52.245-9 Use and Charges (APR 2012) 52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-25 Limitation of Liability - Services (FEB 1997)
52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
452.224-70 Confidentiality of Information (FEB 1988)
452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) Restrictions Against Disclosure (FEB 1988)
I- 2 FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)
(a) Definitions. As used in this clause–
“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
“Safeguarding” means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
I-3 FAR 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)
(a) Definitions. As used in this clause—
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts—
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it FORMCHECKBOX is, FORMCHECKBOX is not a small business concern under NAICS Code ______________ assigned to contract number ______________.
[Contractor to sign and date and insert authorized signer’s name and title].
I-4 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) In compliance with the Service Contract Labor Standards statutes and the regulations of the Secretary of Labor (29 CFR part 4), this…
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