Salem_Non_Native_Invasive_Plant_Removal_Sol.docx

Salem Non-Native Invasive Plant Removal

DATE

AG-9A63-S-15-0051

DATE

March 4, 2015

Contracting, O’Laine T. Martinez

b. TELEPHONE NUMBER(No collect calls)

530-478-6823

8. OFFER DUE DATE/ LOCAL TIME

April 2, 4:00 PM

9. ISSUED BY CODE

10. THIS ACQUISITION IS |_| UNRESTRICTED OR |X| SET ASIDE: 100 % FOR

|X| SMALL BUSINESS |_| WOMEN-OWNED SMALL BUSINESS

|_| HUBZONE SMALL (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

BUSINESS SMALL BUSINESS PROGRAM NAICS:

|_| SERVICE DISABLED |_| EDWOSB 561720

VETERAN- OWNED SIZE STANDARD:

SMALL BUSINESS |_| 8(A) 15.million

USDA Forest Service Central California Acquisitions 631 Coyote Street Nevada City, CA 95959

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |_| RFP

15. DELIVER TO CODE

See specifications.

16. ADMINISTERED BY CODE

See block 9.

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA Forest Service Central California Acquisitions 631 Coyote Street Nevada City, CA 95959

TELEPHONE N0.

|X| SEE ADDENDUM

Tahoe National Forest Salem Non-Native Invasive Plant Removal

See separate schedule sheet Requirements.

Offers will be accepted hardcopy or via facsimile (fax 530-478-6126).

Email offers to tracy.martinez@fs.fed.us To verify receipt of an offer, you may call O’Laine T. Martinez At: 530-478-6823.

Contractor MUST be registered in the System for Award Management. www.SAM.gov

Please provide the following information:

DUNS#_________________

TIN#___________________

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

Facsimile offers must be fully received by the due date and time. Please plan accordingly.

PRE-PROPOSAL

MEETING/ TOUR

18 March 2015, 0900.

Please allow 5 days before inquiring about award status.

25. ACCOUNTING AND APPROPRIATION DATA

See IAS requisition.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

Schedule of Items Continued

PRICE SUBMITTED BY:

Signature

Phone

Vendor Name

FAX

Address

Email

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

Description of Work: The intent of this contract is to secure services to pull, French broom (Cytisus monspessulanus), Scotch broom (Cytisus scoparius), Spanish broom (Spartium junceum), and yellow starthistle (Centaurea solstitialis) plants. Smaller plants can be pulled by hand or dug out by shovel, and larger plants would be pulled with weed wrenches that would be supplied by the Government. Plants pulled will be piled. The Government will provide plastic for the Contractor to cover the piles.

Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government.

C.2 Project Location & Description Location: The project is located on the Tahoe National Forest, Yuba River Ranger District. See maps for unit locations.

Description: The edges of sub-items are marked with 2 flags hung together. One flag is lime green or pink and the other orange flagging with “NOXIOUS WEEDS” in black lettering. The lime green/pink flag has the unit number written on it. Generally most areas parallel roads. In these cases each end of the treatment unit has flagging, and the area between the marked ends of the unit are to be treated for a specific distance back from the road which will be stated in the Schedule of Treatments. In some cases roads or streamzones may make up part of the boundary of a unit and therefore these parts of the unit boundary may or may not be marked or flagged. Units that in which the entire perimeter is flagged are identified in the Schedule of Treatments. Some additional direction can be found in the Schedule of Treatments. The project maps are intended to show the general shape and location of the work areas. The map is not intended to be accurate as to precise location and dimension. If the map and field boundaries conflict, the field boundaries shall govern. Positions of the stream zones/RCA’s and topographic features, when shown, also may be approximate.

Exclusions (non-work areas): The following shall be excluded or protected:

1. Streamside zones, also referred to as Riparian Conservation Areas (RCAs): See definition of RCA’s the portion of each that is excluded from treatment. No vehicles of any kind will be permitted within stream channels.

2. Controlled sites: Heritage resource controlled sites within the project area will be flagged with blue and black stripe flagging and avoided.

3. Areas of sensitive plants are flagged with orange and white-stripped flagging with the words “Special Treatment Zone” in black. These areas will be treated although no piles shall be created within these flagged areas. Pulled plants will be moved from the flagged sensitive plant area and piled outside of these flagged areas.

4. Meadows and wet areas. This includes any areas with wet soils or vegetation indicating the presence of wet soils. The COR shall designate these areas on the ground and plants shall be pulled if they occur in these, areas although the plants will need to be piled outside of the meadow or wet area per COR instruction.

5. Survey monuments and bearing trees shall be protected and not damaged in any way.

6. All specified roads shown on contract maps shall be left in the original condition existing prior to the commencement of work on this contract. Any water bars in skid trails disturbed by the Contractor's operations shall be restored to the condition prior to damage at the Contractor's expense. Excessive slash cannot be left in the roadways after end of each work day. All cut vegetation shall be kept within unit boundaries. If slash is broadcasted onto the roadways, it must be removed by the end of each workday.

7. Servicing and refueling equipment areas shall be located outside of RCAs or 300 feet from other wet areas. In case of a HAZMAT spill, the material shall be immediately contained and the Forest Service shall be immediately notified.

8. Within the sub-item boundaries, the Government may exclude non-work areas such as: rocky areas, wildlife areas, and other special areas. The Contracting Officer’s Representative will designate non-work areas. Such areas exceeding 1/2 acre in size per unit may be excluded from payment.

Accessibility: All sub-items are accessible with a 2-wheel drive vehicle after snowmelt. If a sub-item requires a walk in from the nearest road, this will be specified in the Exhibit C table. The Government assumes no liability to perform special road maintenance to keep roads open to the project area.

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

C.3 Maps Maps showing the general vicinity and/or specific work areas are included in Section J. Maps are general in nature and are not to be considered as definitively identifying locations.

C.4 Estimated Start Date & Contract Time Start: ITEM 1 = April 7, 2015 ITEM 2 = June 15, 2015 Time: ITEM 1 = 30 days ITEM 2 = 23 days

C.5 Restrictions on Work Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

1. In accordance with the fire plan, if included in Section J.

2. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

3. When the Contracting Officer (or designated representative) determines that continued operation may be injurious to leave trees.

4. When conditions require shutdown due to Limited Operating Period for California Red-legged frog. This period generally is from the first fall frontal rain of greater than 1/4” until the following April 15. See Schedule of Treatments for details

5. In certain units a Limited Operating Period exists for Bald Eagle. These areas can not be worked from January 1 to August 30. See Schedule of Treatments for details.

C.6 Licenses and Insurance The contractor shall obtain the insurance and licenses listed here; (see also Section L, Notices to Offerors and Respondents).

MSPA Card (Form WH510): This contract does require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

C.7 Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [X] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. (See also Section H, Camping Permit Compliance)

C.8 Technical Requirements C.8-1 Definitions: (note: not all definitions apply to this contract)

Conifer - A cone-bearing tree with needles or leaf scales (e.g. pine, fir, cedar).

C.O.R. - Contracting Officer's Representative.

Hardwood – A tree with broad leaves rather than needles (e.g., oak, madrone, etc.)

Limited Operating Period (LOP) – A designated period in which time work within a given unit or area may be worked. This period is variable based on the specie being protected. See the Schedule of Treatments for the definition of each LOP.

NNIP’s - Non-native invasive plants. For the purpose of this contract this refers to , French broom (Cytisus monspessulanus) , Scotch broom (Cytisus scoparius), Spanish broom (Spartium junceum), and yellow starthistle (Centaurea solstitialis). French broom, Scotch broom, and Spanish broom are collectively referred to as “broom” in this contract.

Riparian Conservation Area (RCA) – Areas primarily adjacent to streams, ponds, and springs protected by restricting treatments in some situations. RCAs are as follows:

For ITEM 1 units:

Perennial streams = 300 feet each side of channel Intermittent = 300 feet each side of channel Ephemeral streams = 30 feet each side of channel Wet meadows, seeps, and ponds =300 feet from feature For ITEM 2 units:

Perennial streams = 300 feet each side of channel Intermittent/seasonal flowing= 150 feet each side of channel Ephemeral streams = 30 feet each side of channel Wet meadows, seeps, and ponds =300 feet from feature

Riparian Buffers – Areas within RCAs where work is restricted to no treatment. These buffers are as follows: If an applicable RCA is within a unit it will be noted in the schedule of treatments.

For “MAD” units:

Perennial streams = 100 feet each side of channel Intermittent streams = 100 feet each side of channel Ephemeral stream channels – not applicable.

Wet meadows, seeps, and ponds =300 feet from feature FOR THIS CONTRACT the 100 foot to 300 foot area of an RCA has no piling of cut material.

For all other units:

Perennial streams = 100 feet each side of channel Intermittent = 50 feet each side of channel Ephemeral streams = 30 feet each side of channel Wet meadows, seeps, and ponds =100 feet from feature

Slash - All debris resulting from operations.

Special Aquatic Features – wet meadows, seeps, and ponds.

Weed Wrench - a manually operated tool used for pulling shrubs and other vegetation out of the ground with the roots still intact.

C.8-2 Specifications

8-2.1 Selection of NNIP to Treat (pull)

1. Pull all plants identified as NNIP in the definitions.

2. Pulling can be done by hand or using the weed wrenches, provided the root system is not severed.

3. In the rare occasion that a French or Scotch broom plant is too large diameter to grip with the weed wrench, a shovel may be used to dig up the root system of the plant.

4. When plants have set seed, avoid dislodging the seed.

5. Pile any plant that has set seed. Plants that do not have seed attached to the plant and that exist where NNIP are low in number or volume, may be scattered with concurrence of the COR.

6. In no circumstance should an NNIP be cut.

C-8-2.2 Treatment of Slash

Slash created by the NNIP pulling activity shall meet the following specifications;

1. Treated material shall be piled except where plant numbers are low enough, plant volume is low enough, and seed is not present that the COR determines that piling is not necessary.

2. Pulled NNIP that are not to be piled (see C-8-2.1.5 above) shall be scattered to lay no more than 12 inches from ground level.

3. Pulled NNIP should not be left in roadways, ditches, or trails.

C-8-2.3 Piling of Slash

1. All material pulled shall be piled with the following exception. Areas of sparse NNIP coverage where not enough material exists to create a pile AND plants have seed on them, will have plants bagged. The bags will be provided by the Government and will placed along the roads edge to be retrieved by the COR or inspector.

2. Do not create piles within the drip line of leave trees Do not create piles within 5 feet of any seedlings within units noted as “plantations” in the schedule of treatments.

3. When placing pulled plants in the piles place the top of plant towards the center of the pile. This keeps seeds still on the plant in the center of the pile where heat will be greatest during pile burning by Forest Service personnel.

4. Do not construct piles any closer than 5 from the road surface.

5. Piles shall be a maximum of 12 feet in diameter and 7 feet high. Minimum pile size is pile height is 4 feet as anything less would not be burnable.

6. Do not create piles in drainage ditches.

7. Cover each pile with a 5 foot by 5 foot piece of plastic placed horizontally on the pile when the pile is at least 2/3 complete and anchor down by piling more material on the top of the pile using other down woody material to make the plastic secure enough to handle strong winds. The Government will provide plastic for pile covering.

8. Riparian buffers in item 1 and RCAs and riparian buffers in item 2 that are not ephemeral RCA’s can be treated but no piles may be located within water channels. Also, these piles will not need to be covered with plastic.

9. Areas designated as Sensitive Plant areas are flagged with orange and white stripped flagging with the words “SPECIAL TREATMENT ZONE” in black letter and shall be treated. However, no piles can be located within the flagged “SPECIAL TREATMENT ZONE”.

C.8-4 Contractor-Furnished Equipment. Equipment shall be furnished on a fully operational basis, of modern design, and in good operating condition, with a competent, fully qualified operator. The Contractor shall furnish all fuel, lubricants, and personnel necessary for the operation of the equipment. All repairs, service and replacements are the responsibility of the Contractor and shall be at the Contractor's expense. If, during the contract period, the equipment requires repairs before operations can continue, it shall be the responsibility of the Contractor to complete such repairs.

C.8-5 Government-Furnished Property.

1. Weed wrenches that are capable of holding and pulling shrubs up to 3 inch in diameter at the base. All maintenance and repairs of weed wrenches are the responsibility of the Contractor. Weed wrenches must be returned to the Government in working condition prior to final payment and contract release.

2. Six millimeter plastic in rolls 10 feet by 100 feet or more in length. This will be used for the sole purpose of covering the piles.

3. Plastic garbage type bags or burlap sacks with ties for bagging plants with seed attached (if necessary) when not enough pulled plant material exists to make a burn pile.

C.8-6 Public Safety The contractor shall provide for public safety when operating equipment within 200 feet of open roadways and designated trails by keeping vehicles, equipment, and personnel out of roads and trails.

C.8-7 Salvage Rights N/A

C.8-8 Road Maintenance. All roads used by the Contractor shall be left in the same condition the road was prior to operations. Roads must be kept clear of debris from the Contractors operations and Contractor equipment. Drainage ditches must be cleared of slash created from Contractor operations by the end of each work day. Trails will be kept open at all times. Presence of designated trails within a unit will stated in the schedule of treatments.

SECTION E--INSPECTION AND ACCEPTANCE

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): www.aquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E.1 Sampling Plots. At least one percent of each treatment area will be sampled by a random series of plots distributed over the entire area. Plot size will be:

1/50 acre (plot radius 16.7 feet)

E.2 Specific Inspection Procedures

Each plot will be inspected to determine:

A. The number of NNIP not treated per C8-2.1. If any more than 1 NNIP are left untreated per specifications the plot fails.

B. Slash treatment will be done per spec C8-2.2. If any NNIP are not piled per this spec the plot will fail C. Any piles within the plot will be inspected for adherence to spec C8-2.3. If any piles are not constructed this contract specification the plot will fail.

E.3 Acceptance Work on this contract will be deemed acceptable when a score of 90 percent or more is achieved. For a score of 80 percent or more but less than 90 percent, 2 percent of the unit price pay will be deducted for that unit for each percentage point below 90%. If the inspection score is less than 80 percent then there is no pay. The unit may NOT be reworked. If inspection is disputed see Section E4 below.

E.4 Government Inspections.

Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

Disputed Inspection.

The Contractor may request re-inspection without rework if the results are unacceptable. Re-inspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Re-inspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If re-inspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If re-inspection results are greater than five percentage points above or below the first inspection, the re-inspection results will be used.

If the re-inspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the re-inspection.

Re-inspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Re-inspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for re-inspection at the time specified by the Contractor will not be re-inspected, and the results of the first inspection will be final.

Quality Control.

Contractor is required to provide a Quality Control Plan.

Quality Assurance Performance Measures.

1. Servicing and refueling equipment areas shall be located outside of RCAs or 300 feet from other wet areas.

2. No work conducted in excluded or protected areas listed.

3. 8-2.1 Selection of NNIP to Treat (pull)

a. Pull only plants identified as NNIP.

b. Pulled weeds by hand or using weed wrenches and not severing root system.

c. Shovel used to dig up roots only when French or Scotch broom plant is too large diameter to grip with the weed wrench.

d. Avoided dislodging the seeds.

e. Pile any plant that has set seed. Scattered plants that do not have seed attached to the plant and that exist where NNIP are low in number or volume per concurrence of the COR.

f. NNIP are not cut.

4. C-8-2.2 Treatment of Slash Specifications

a. Treated material piled except where plant numbers are low enough, plant volume is low enough, and seed is not present and COR determined piling was not necessary.

b. Scattered pulled NNIP to lay no more than 12 inches from ground level.

c. No pulled NNIP is left on roadways, ditches, or trails.

5. C-8-2.3 Piling of Slash

a. Bagged plants in areas where not enough material existed to create a pile. Bagged plants have seeds on them. Bags and placed along the roads edge to be retrieved by the COR or inspector.

b. Piles are not located within the drip line of leave trees or within 5 feet of any seedlings within units “plantations” in the schedule of treatments.

c. Top of pulled plants is towards the center of the pile.

d. Do not construct piles any closer than 5 from the road surface.

e. Piles are a maximum of 12 feet in diameter and 7 feet high and minimum pile size is pile height of 4 feet.

f. Piles are not located in drainage ditches.

g. Piles are covered with 5 foot by 5 foot piece of plastic placed horizontally on the pile when the pile is at least 2/3 complete. Additional material on the top of the pile is down woody material to make the plastic secure enough to handle strong winds. h. No Piles located within water channels. Remain Uncovered.

i. No piles are located within the flagged “SPECIAL TREATMENT ZONE”.

SECTION F--DELIVERIES OR PERFORMANCE

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): www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

Work Timing The Contractor shall begin work within ___1_______ calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No. Estimated Start Work Date Contract Time (Calendar Days)

Failure to begin work on schedule will make the contract subject to immediate termination for default.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or subitems. Contractor shall complete all work on one subitem before proceeding to another.

In the event of award of more than one item to one contractor, times will run consecutively. Time on the second item will begin automatically the day following expiration of time (including any extensions) on the first item. Likewise, time on a third item would begin immediately following expiration of time on the second, and so on.

Winter Shutdown When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

SECTION G--CONTRACT ADMINISTRATION DATA

Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

A. No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

Measurement Methods of Measurement.

Acreage was measured on a horizontal plane using a Global Positioning System.

Acreage was determined using GIS (Geographical Information Systems) measurements.

Estimated acreage: Actual acreage worked will be measured by the method(s) indicated above.

Remeasurement. Unless otherwise indicated by this contract, the contractor may request remeasurement of any quantities in Part B, when the units are acres or any linear measurement. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If remeasurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the quantity as stated in Part B. If remeasurement indicates a variance more than five percent from the stated quantity, payment will be based on the remeasured quantity, and the Contractor will not be liable for the costs of remeasurement. All remeasurements will be done by the Government. Remeasurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

Payment will be made in full if inspection results are 90 percent or higher. If inspection results are below 90 percent, a deduction will be made equal to 2 percent for every 1 percent below 90. For example, if inspection results are 87 percent, the bid price would be reduced by 6 percent. No payment will be made if results are less than 80 percent.

Liquidated damages will be charged as follows:

Contract Release. The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

Invoices.

B. [ X] Payment will be made from Contractor's invoice.

Payment will be made from the contractor’s invoice. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. There is no pre-award registration.

After award of a contract, please make sure that your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. PRIOR to starting the IPP enrollment process, please verify that the point of contact’s (POC’s) email address is up to date in your company’s System for Award Management (SAM) account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the SAM POC. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.

RETAINAGE (applicable to service contracts where work accomplishments are measured in units other than time)

The following supplements Clause 52.232-1, Payments:

The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. “Behind schedule” means that the percentage of work completed is less than the percentage of time used.

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.

See section C, item, section C8.4

SECTION H—SPECIAL CONTRACT REQUIREMENTS

Emergencies Fire Plan See Section J, Fire Plan

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):

Silviculture Projects - 70 meters around the perimeter of the unit being worked in

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

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

Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as American Indian artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences.

Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

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

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

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

SECTION I CONTRACT CLAUSES

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.212-4 Contract Terms and Conditions—Commercial Items (Dec 2014) IBR.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Dec 2014)

(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 (Dec 2014)

(2) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(4) 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 reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XXX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_XX_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

_XXX_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

_XX_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_XXX_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). clause at 52.222-26, Equal Opportunity, and the amount of the contract is expected to be in excess of $10,000 is contemplated that will include the clause at 52.222-26, Equal Opportunity(1) The clause at 52.222-21, Prohibition of Segregated Facilities, in the solicitation and contract; and CYI..A

_X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (Always but check prices over 10K.)

(2) The provision at 52.222-22, Previous Contracts and Compliance Reports, in the solicitation.

__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212 _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793)

__ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212 __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (a) Are only for work that will be performed outside the United States;

(b) Are for a period of performance of less than 120 days; or

(c) Are only for—

(1) Commercially available off-the-shelf items;

__ (34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (35)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (36)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_XX (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (40) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (41)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (43) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_XX_ (49) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (50) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (53)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67). (

__ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

_X_ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

(viii) 52.222-40, Notification of Employee Rights Under the National Labor…