AG8508S160032.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

LARAMIE WY 82070

2468 JACKSON ST

MEDICINE BOW NATIONAL FOREST

85E1 CODE 16. ADMINISTERED BYCODE

X

X

X

561710

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR82X9

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/19/2016 1200 MT

08/02/2016

(303)275-5311STAR YEO

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-8508-S-16-0032

5. SOLICITATION NUMBER

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

1 54 813382OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

DOUGLAS WY 82633-8922

2250 EAST RICHARDS

M B NATL FOREST THUNDER BASIN N G

USDA FOREST SERVICE

15. DELIVER TO

GOLDEN CO 80401

740 SIMMS STREET

ROCKY MOUNTAIN REGION ATTN AQM

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$11.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Thunder Basin National Grassland has a requirement for pest control services.

It is estimated that approximately 1,100 acres of prairie dog colonies will be treated using pre-bait oats and prairie dog bait treated with zinc phosphide rodenticide in designated locations on the Thunder Basin National Grassland system lands in Wyoming. Poisoning will occur within the designated prairie dog colonies on the attached maps.

Delivery: 07/16/2016

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

STAR M. YEO

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 10/01/2016 to 12/31/2016

001 DGL-Prairie Dog Lethal Contract

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

54 2 of

AG-8508-S-16-0032

Prairie Dog Mitigation

B - Supplies or Services/Prices C - Description/Specifications

C.1 INTRODUCTION

C.2 BACKGROUND

C.3 SCOPE

C.3.1 APPLICABLE DOCUMENTS

C.4 TECHNICAL REQUIREMENTS

C.4.1 Application of Pre-bait:

C.4.2 Application of Bait:

C.4.3 Timing:

C.4.4 Ground and Weather Conditions:

C.4.5 Colonies to be Treated:

C.4.6 Follow Label:

C.4.7 Labor, Equipment and Materials:

C.4.8 Bait and Pre-bait Handling:

C.5 RESOURCE PROTECTION CONDITIONS:

C.6 WORK PLAN SCHEDULE:

C.7 GENERAL:

C.8 FLAGGING OF AREA BEING TREATED: See C.4.5 and 11 and 12 C.9 MAPPING OF COMPLETED ACRES: See C.4.5

C.10 CONTRACTOR FURNISHED PROPERTY

C.11 ACCESIBILITY:

D - Packaging and Marking D.1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

D.2 REPORTS

E- INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

E.2 INSPECTION:

E.2.1 Inspection of Work E.2.2 Rework of Unacceptable Work

F - DELIVERIES AND PERFORMANCE

F.1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

FAR. 52.242-15 Stop-Work Order. (AUG 1989) F.2 AGAR 452.211-74 Period of Performance. (FEB 1988)

F.3 DELIVERABLES

F.4 FAR 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

G - Contract Administration Data

G.1 INVOICE

G.2 INVOICE FORMAT

G.3 INVOICE SHALL BE SUBMITTED TO

G.4 PAYMENT:

G.5 FOREST SERVICE REPRSENTATIVES:

G.5.1 CONTRACTING OFFICER (CO)

G.5.2 CONTRACTING OFFICER REPRESENTATIVE (COR)

G.6 AGAR 452.215-73 Post award Conference. (NOV 1996) H - Special Contract Requirements

H.1 Superintendence by Contractor

H.1.1 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

H.2 SUBMITTALS

H.3 PRE WORK CONFERENCE

H.4 AGAR 452.228-71 Insurance Coverages (NOV 1996)

I - Contract Clauses Clauses

J - List of Documents, Exhibits and Other Attachments List of Documents, Exhibits, and Other Attachments

K - Representations, Certifications, and Other Statements of Bidders K.2 AGAR 452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

L - Instructions, Conditions, and Notices to Bidders

L.1 PROPOSAL DOCUMENTS

• Completed, Signed Offer

L.1.1 Instructions to Offerors -- Commercial Items (Oct 2015) L.2 FAR 52.216-1 Type of Contract. (APR 1984) L.3 AGAR 452.215-72 Amendments to Proposals. (FEB 1988) L.4 FAR FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

M - Evaluation Factors for Award

B - Supplies or Services/Prices

1. Mobilization shall be paid one time per contract. Mobilization will not be paid for the return trip to the base of operations, or for re-mobilization to the same project (e.g. equipment taken back to the base of operations for the weekend), unless agreed in advance by the Contracting Officer.

2. Mobilization covers the movement of personnel, equipment, supplies, and incidentals to the project area.

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

OFFERORS MUST BE REGISTERED WITH THE SYSTEM FOR AWARD MANAGEMENT

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

COMPANY NAME:_____________________________

ADDRESS:____________________________________

PHONE:_______________________________________

DUNS:_________________ Email:_________________________

Line Item Description Quantity Method of Measurement

Unit Price

Estimated Quantity

Method

OF

measure

Total Price

001 Mobilization 1 Per Mile $ 250 Per Mile $

002 Treatment 1 Acre $ 1100 Acre $

TOTAL $

Line Item Description Quantity Method of Measurement

Unit Price

Estimated Quantity

Method

OF

measure

Total Price

101 Mobilization 1 Per Mile $ 125 Per Mile $

102 Treatment 1 Acre $ 500 Acre $

Option Total

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

C - Description/Specifications

C.1 INTRODUCTION

It is estimated that approximately 1,100 acres of prairie dog colonies will be treated using pre-bait oats and prairie dog bait treated with zinc phosphide rodenticide in designated locations on the Thunder Basin National Grassland system lands in Wyoming. Poisoning will occur within the designated prairie dog colonies on the attached maps.

C.2 BACKGROUND

This project is a result of the Prairie Dog Management Strategy and Land and Resource Management Plan amendment #3 on the Thunder Basin National Grassland and the updated December2015 Conservation Assessment and Strategy. Most of the control areas will be located adjacent to private land. The purpose of the control is to mitigate the effects of prairie dogs expanding from NFS land onto private land.

C.3 SCOPE

The work will be located on the Thunder Basin National Grassland which is located in the northeast portion of Wyoming. The Thunder Basin National Grassland is administered out of the Douglas Ranger District Office located in Douglas, Wyoming.

Acres to be treated is approximately 1,100 acres with an optional addition of up to 500 acres.

Treatment period will begin October 1 and end December 31, 2016.

C.3.1 APPLICABLE DOCUMENTS

Maps of control colonies will be attached. Priority prairie dog colonies will be indicated on site specific maps provided by the Forest Service after the contract is awarded and the Contractor shall treat these colonies by listed priority.

C.4 TECHNICAL REQUIREMENTS

C.4.1 Application of Pre-bait:

Pre-baiting should be accomplished prior to treatment with zinc phosphide oats to assure acceptance of the treated bait. To pre-bait, place one teaspoon (4 grams) of untreated steamrolled oats on each active mound. Apply within a six (6) inch spot on the edge of each active prairie dog mound. The pre-bait should be consumed prior to baiting. Generally, bait may be placed 2 to 3 days following pre-bait, but only if at least 50% of the pre-bait has been consumed.

C.4.2 Application of Bait:

An application rate of 95% will be used; meaning that of all active holes within the treatment area, 95% of the holes will be treated. Application rate shall not exceed one teaspoon or four (4) grams per bait spot. Bait shall be applied by hand within a six (6) inch bait spot on the edge of each active prairie dog mound. Inactive or plugged burrow entrances should not be treated. All treatment operations will cease at the end of the work day on December 31, 2016.

C.4.3 Timing:

The Contractor shall apply the pre-bait first. The bait will only be applied when visual observation indicates that 50 percent or more of the pre-bait application has been eaten. Pre-bait and bait application shall cease two hours prior to sunset. Given the timing of this contract weather conditions may not be ideal. The Contractor should recognize that there may be a small window of time for desired weather conditions for application and that the full contract time (October 1, 2016 to December 31, 2016) may not be suitable for treatment due to weather.

Therefore, the Contractor should take this into consideration when planning the work to be completed. We will provide project maps with colonies identified for priority treatment. The Contractor shall attempt to treat these priority areas first.

C.4.4 Ground and Weather Conditions:

Bait will not be applied when ground conditions are so moist that the zinc phosphide will be diluted. Bait should not be applied during periods of precipitation or when visual or forecasted weather conditions indicate that precipitation is likely to occur within 2 hours after baiting.

C.4.5 Colonies to be Treated:

The prairie dog colonies or portions of colonies to be treated are specified by the Forest Service on the attached general location map(s).

C.4.6 Follow Label:

The Contractor will follow all Zinc Phosphide Prairie Dog Bait label instructions as required by law. The Contractor is responsible for following and meeting Wyoming State requirements for holding a current applicators license for the application of Zinc Phosphide Prairie Dog Bait and associated pre-bait. Comply with all Wyoming Pesticide application rules and regulations.

C.4.7 Labor, Equipment and Materials:

The Contractor shall furnish all pre-bait, bait, labor, equipment, and materials to load, transport, treat designated colonies and safely store and properly dispose of the bait and pre-bait.

C.4.8 Bait and Pre-bait Handling:

The Contractor accepts responsibility/liability for the proper transportation, storage and disposal of bait, pre-bait and containers. Loading of bait onto equipment will not occur outside of boundaries of colonies designated for treatment. Any spill of bait in excess of normal treatment amounts will be reported on the same day to the Forest Service Inspector or COR, who will notify the CO. Spilled bait will be immediately removed and disposed of in accordance with label requirements and state and local regulation. Bait spilled on the ground will be considered contaminated and not allowed to be used for treatment. As bait is used, labels from bait bags will be provided to the Inspector or COR to monitor the amount of bait applied on this project.

C.5 RESOURCE PROTECTION CONDITIONS:

Contractors are expected to respond to sensitive resource conditions, i.e. limit travel as much as possible to existing two track roads to reach the prairie dog colonies especially when road conditions are poor/wet.

C.6 WORK PLAN SCHEDULE:

The Contractor shall prepare a work plan and schedule that demonstrates that work will be completed within the performance period of the contract.

The Contractor shall advise the COR of any periods that the Contractor will not be working if it is not specified in the accepted Work Plan.

The Contractor may update the work plan when work is in progress and submit for approval to the CO.

C.7 GENERAL:

The Contractor shall not begin work until a Notice to Proceed is signed and issued by the CO.

The Contractor shall apply the pre-bait and bait in two separate applications as described on the product label. The first application shall be the pre-bait consisting of clean oats, the second application shall be steam rolled oats treated with Zinc Phosphide Prairie Dog Bait.

Label application guidelines will be followed to avoid under baiting or over baiting. The degree of control may suffer if too little of bait is applied. If too much bait is applied it will remain a hazard to non-target birds or other animals and may serve as continued bait aversion to the remaining prairie dogs that consume sub-lethal doses. By following the recommended procedures and treating when acceptance of pre-bait is good, control of 90% of the population can be expected. If conditions or behaviors of prairie dogs result in no pre-bait being consumed then the Forest Service has the option to stop work on the contract.

C.8 FLAGGING OF AREA BEING TREATED: See C.4.5 and 11 and 12

C.9 MAPPING OF COMPLETED ACRES: See C.4.5

C.10 CONTRACTOR FURNISHED PROPERTY

The Contractor will provide a written WORK SCHEDULE as part of the quote package. This will include but not limited to items such as; plan of work, dates and time of work, numbers of crew members, approximate dates of work and locations, equipment to be used, phone numbers (day time, evening and emergency), Supervisory Personnel, and personnel that can accept notices and take action on them, and order of work. GPS files will be provided to the Forest Service.

C.11 ACCESIBILITY:

Most units are accessible by Forest Service roads. Accessibility may be determined from local Forest Service personnel or maps which will be furnished by the Forest Service. Contractor shall be responsible for adhering to the USDA Forest Service travel management plan, including yearlong or seasonal closures to motor vehicles, unless authorization is obtained. It is the responsibility of the Contractor to determine the most suitable route to a prairie dog colony treatment area.

It is common practice to utilize ATV’s/UTV’S during treatment of prairie dogs. Most two-track roads are accessible by four-wheel drive pickup trucks with ATV/UTV trailers if dry or frozen soil conditions exist. However, between the months of October and December there is likelihood that the roads or portions of roads will be inaccessible to 4-wheel drive pickup trucks. Prairie dog colony locations may necessitate that a Contractor use an ATV/UTV from accessible points. The Forest Service assumes no responsibility to maintain roads in a passable condition.

C.11 Boundary Line Control: The Contractor will be responsible for maintaining the boundary line between private land and Forest Service. Also will be responsible to maintain any internal boundary lines that may be imposed by the Forest Service.

C.12 Mapping of Completed Acres: The Contractor will GPS the entire perimeter of each prairie dog colony treated to determine actual acres treated for payment. Forest Service may do spot mapping to insure accuracy of acres treated.

D - Packaging and Marking

D.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): http://farsite.hill.af.mil/

(End of clause)

D.2 REPORTS

(1) Contractor shall submit reports to the Contracting Officer Representative, and Contracting

Officer on a weekly basis.

(2) Monthly reports are due every 1st Monday of the Month at 8 am Mountain Standard Time

(3) Reports will be formatted using Microsoft Office suites (e.g. Word, Excel) and other standard software (e.g. Adobe).

(4) Does formatting really matter?

(5) The report format/template the contractor shall use in submitting reports is defined below in number four.

(6) Contractor shall include the following items in the report, as a minimum:

a. Name and Address of Contractor

b. Date

c. Contract Number

d. Contract Line Item Number list of assigned/completed tasks

(7) Reports are to be sent electronically to designated Contracting Officer Representative and Contracting Officer.

End of Section D

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):

http://farsite.hill.af.mil/

52.246-1 Contractor Inspection Requirements. (APR 1984) 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

E.2 INSPECTION:

The Contractor shall inspect the work in accordance with the accepted Quality Control Plan.

What is this? All Contractor inspection records shall be provided to the Forest Service at the time a prairie dog colony has been treated with either pre-bait or bait. All records shall be signed and dated by the person who conducted the inspection.

The Forest Service reserves the right to inspect any data submitted by the Contractor indicating acres of treated prairied dog colonies, including Contractor inspected prairie dog colonies. As an initial guide, the Forest Service shall inspect a minimum of 55% of the treated prairie dog colony acres and determine work acceptance.

The Contracting Officer’s Representative (COR) and/or Inspector and Contractor will communicate on the progress of the work and keep records of their quality control inspections on treated acres within a prairie dog colony. The COR and/or Inspectors will evaluate the work and determine if it meets the Acceptable Quality Level as outlined in the Performance Requirement Summary.

E.2.1 Inspection of Work

The Forest Service will inspect the baiting and pre-baiting of designated prairie dog colonies to determine compliance with Contract specifications and to provide a basis for payment at the time of treatment by the Contractor. Payment will be based upon actual acres treated. These inspections will be made without cost to the Contractor.

The Forest Service will make compliance inspections throughout the period of work. Any contract re-inspection required will be at the Contractor's expense. Inspections will be made by the Forest Service while the work is being conducted to ensure 95% of the active holes are treated. It is the Contractor’s responsibility to keep the Inspector and/or COR updated on operations that deviate from the Work Plan.

E.2.1.2 Determination of Acceptable Work

Forest Service inspections will be performed to evaluate contract specification compliance. On the ground visual inspections will be used to evaluate contract compliance.

E.2.2 Rework of Unacceptable Work The Forest Service reserves the right to require unacceptable work, as determined under Section E.3.1.2, Determination of Acceptable Work, to be reworked. Upon written notification by the CO or COR that treatment (pre-bait or bait) of or portion of a designated prairie dog colony is unacceptable, the Contractor shall be required to complete rework before beginning work on another prairie dog colony. The Forest Service will specify rework requirements for each area with unacceptable treatment.

The Forest Service will re-inspect acres of designated prairie dog colonies that have been retreated to determine compliance and effectiveness.

If reworked and re-inspected designated prairie dog colonies fail during the first re-inspection, additional rework may be allowed at the discretion of the CO. Failure to pass inspection may result in contract default.

F - DELIVERIES AND 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): http://farsite.hill.af.mil/

(End of clause)

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

F.2 AGAR 452.211-74 Period of Performance. (FEB 1988) The period of performance of this contract is from September 30, 2016 through December 31, 2016

(End of Clause)

F.3 DELIVERABLES

F.4 FAR 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 calendar days. The time stated for completion shall include final cleanup of the premises.

G - Contract Administration Data

G.1 INVOICE

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

It will be necessary for contractors to login to their IPP accounts every 90 days to keep their IPP accounts active. The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information located on the IPP website. Please make sure that your company has registered with IPP to establish your account.

G.2 INVOICE FORMAT

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

G.3 INVOICE SHALL BE SUBMITTED TO

Contractor shall submit invoices to the IPP platform.

IN ACCORDANCE TO THE TERMS AND CONDITIONS OF THIS CONTRACT.

G.4 PAYMENT:

Payments will be made by Electronic Funds Transfer from the Department of Treasury upon submission of invoice through IPP.

G.5 FOREST SERVICE REPRSENTATIVES:

G.5.1 CONTRACTING OFFICER (CO)

The CO has the overall responsibility for administering this contract. He/she alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and delivery schedules; make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute.

Additionally, he/she may delegate certain other responsibilities to his/her authorized representatives.

The Contracting Officer for this contract is:

STAR M. YEO, CONTRACT SPECIALIST

PHONE: 303-275-5311

FAX: 303-275-5453

EMAIL: starmyeo@fs.fed.us US Department of Agriculture Forest Service, Rocky Mountain Region 740 Simms Street Golden, Colorado 80401 https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/ mailto:starmyeo@fs.fed.us

She will have full warrant authority over all contract issues. She is also the designated point of contact for this contract.

G.5.2 CONTRACTING OFFICER REPRESENTATIVE (COR)

The COR is designated by the CO at time of award and if necessary revised by letter during the contract period to assist him/her in discharging his/her responsibilities. The responsibilities of the COR include, but are not limited to: Evaluating Contractor performance with the Government's representative at the work site; advising the Contractor of proposed deductions for nonperformance or unsatisfactory performance; compliance with contract requirements insofar as the work is concerned; issuing purchase orders, and advising the CO of any factors which may cause delay in work performance. The COR will assist in the discharge of the Contracting Officer's responsibilities when the Contracting Officer is unable to be directly in touch with the contract work.

G.6 AGAR 452.215-73 Post award Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 15 days after the date of contract award. The conference will be held at:

Douglas Ranger District 2250 E. Richards Street Douglas, Wyoming 82633 (End of Clause)

H - Special Contract Requirements

H.1 Superintendence by Contractor In addition to Clause 52.236-6, the following applies: The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

H.1.1 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

Overall Project Manager:________________________________________ Inspection and Quality Control Personnel:_______________________ Contractual Point of Contact:___________________________________

(b) During the first 30 calendar 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 120-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 calendar 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.2 SUBMITTALS

The following shall be submitted for acceptance:

Title Reference by Specification Time for Government Approval after Submission

Work plan Schedule C.6 10 days

H.3 PRE WORK CONFERENCE

Pre-work Conference, or Pre-Construction Meetings, shall occur prior to the “Notice to Proceed” being issued for the contract. Prior to commencement of work, the Contractor will arrange a meeting with the Contracting Officer’s Representative or Contracting Officer 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.

H.4 AGAR 452.228-71 Insurance Coverages (NOV 1996) Pursuant to FAR 28.306(b) and as incorporated by reference in Section I, FAR 52.228-5, Insurance – Work on a Government Installation (JAN 1997), the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

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

(b) General liability. The contractor shall be required to provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

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

Policies covering automobiles operated shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $200,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

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

I - Contract Clauses

Clauses

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

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

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

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

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

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

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

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JUN 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by…