DRAFT RFP Central Sierra Zone Rangeland Fence IDIQ.pdf

Solicitation No: 12970223R0001 Central Sierra Zone Rangeland Fencing Construction IDIQ Page 1 of 43

SECTION A—CONTINUATION OF SOLICITATION/CONTRACT FORM (SF 1442)

A.1. REQUEST FOR PROPOSAL (RFP) INFORMATION

A.1.1. The United States Forest Service (USFS) is issuing a solicitation for a rangeland and livestock fencing construction Multiple Award Indefinite Delivery, Indefinite Quantity (IDIQ) Contract, in support of the Tahoe National Forest (NF), Plumas NF, Eldorado NF, Lassen NF, and the Lake Tahoe Basin Management Unit (MU) located within the Central Sierra Zone, in California.

A.1.2. USFS is requesting proposal for qualified contractors who can provide rangeland fencing construction. The agency anticipates awarding a firm-fixed-price multi-award contract using the best value tradeoff evaluation criteria in Section M.

The Government intention is to make six (6) awards to contractors in response to this solicitation.

A.1.3. In response to this RFP, no additional terms, conditions, or assumptions will be entertained. All issues will be resolved with questions and answers. Proposals that include amendments to the terms, conditions, or assumptions included in your proposal may be cause for your proposal to be determined non-responsive to this RFP and may be excluded.

A.1.4. This is a Multiple Award IDIQ contract with a period of performance of up to three (3) years (base period + two (2) optional years) from the date of contract award. The Region 5 (California) areas of coverage are as follows; please identify the Zone(s) you would like to be considered for award by checking the applicable boxes. Offerors may choose multiple Zones.

Check Box(s) Zone Areas of Coverage Maximum Awards

☐ Zone 1 Plumas NF, Lassen NF & Tahoe

NF 3

☐ Zone 2 Eldorado NF & Lake Tahoe Basin

MU 3

SECTION B--SUPPLIES OR SERVICES AND PRICES

B.1 SCHEDULE OF ITEMS

B1.1. The Government requests that offerors propose a Line-Item Number structure as identified in the solicitation.

Contractors shall provide all cost breakouts to support their proposed cost.

B.1.2. As noted elsewhere in this solicitation, Individual Project Task Orders (TO) will be competed amongst the respective awardees. However, for Parent IDIQ evaluation purposes, please provide your estimated, average/typical, pricing per foot below.

B.1.3 Contractor Information

Contractor Unique Entity Identification ___________________________________

Contractor EMAIL __________________________________________

Fill-in the MAXIMUM Amounts (considering bonding capacity and financing capabilities) you can provide if a contract is awarded to you:

$________________Maximum Individual Project Size

$________________Maximum Aggregate Amount of Task Orders being performed simultaneously

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B.1.4. Schedule General Notes.

1. Unit Price. Pricing used herein is for the purpose of making a fair and reasonable determination for IDIQ awards. Pricing will be competed per TO, based on the statement or performance work statement using a similar schedule of items to that shown herein.

2. Task Orders. TO’s will be competed among the awardees and evaluated based on the best value to the Government. All contractors being awarded a contract under the anticipated multiple award IDIQ solicitation will be given a fair opportunity to competitively quote on individual TO’s by zone. See Section G.1 for information on issuance of TO’s. When a project is initiated, a TO RFQ will be sent to all service area awarded Contractors that outlines the project needs, equipment needs, dates, and specific project location(s).

3. Mobilization. Mobilization covers the movement of personnel, equipment, supplies, and incidentals to the project area and perform all activities necessary to accomplish work at the project site. Mobilization shall be paid one time per job. No bid is required for the parent contract. Mobilization shall be paid from the contractors specified Base of Operations to the work site one way. 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.

Cleaning of equipment shall be considered incidental. In order to prevent the spread of noxious weeds, the Contractor shall clean all equipment prior to moving it to the project area (National Forest System lands). This cleaning shall remove all soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds. Only construction and maintenance equipment and the equipment necessary to transport said equipment, shall be cleaned and inspected by the Forest Service prior to operating within the project area.

4. Bonding. Bonding is a percentage unit price and shall be used for any TO between $30,000 and above. The Pay Item is calculated by adding all mobilization pay item costs with all work pay items costs and then multiplying the percentage by the total cost.

5. Unless otherwise shown, work measured and paid for under one pay item (item number), will not be paid for under any other PAY ITEM. The quantity to be paid for is the quantity designated in the schedule of items. No payment will be made for work performed in excess of that staked, ordered, or otherwise authorized.

**FOR SOLICITATION PURPOSES, CONTRACTOR SHALL COMPLETE THE SCHEDULE OF ITEMS IN

SECTION J, ATTACHMENTS.**

Schedule of Items

Item Number

Description Method of Measure

Unit of Measure Unit Price

Livestock, Range, Wildlife, and/or

Riparian Fencing

General Mobilization. To be negotiated per task order.

A.Q. Lump Sum – See Note 3

Not Applicable (N/A) for Original Bidding

Bonding Percent Lump Sum– See Note 4

N/A for Original Bidding

Clearing the fence Right of Way if trees and brush at 4-feet either side of the fence for a total of 8-feet

1 foot Foot $

Remove and dispose of damaged or unusable existing fence material

1 foot Foot $

Provide all material needed to construct new fence 1 foot Foot $

Construct new fence 1 foot Foot $

CLAUSES INCORPORATED BY FULL TEXT

452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $1,000.00, but not in excess of $10,000,000.00.

(End of clause)

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SECTION C—DESCRIPTION AND SPECIFICATIONS

C.1 MAGNITUDE OF CONSTRUCTION PROJECT

Between $5,000,000 and $10,000,000. The magnitude of each project will be identified per each individual project TO.

C.2 SCOPE OF CONTRACT

This contract covers construction and/or reconstruction of rangeland and livestock fencing across USFS, Central Sierra Zone (Tahoe NF, Plumas NF, and Eldorado NF, Lassen NF, and the Lake Tahoe Basin MU. Individual projects may include construction and/or reconstruction of livestock, range, wildlife, riparian and/or recreation fences (see Section J, Attachment 7, “Sample photos for reference purposes only”). Related work may include, but not limited to, the following:

• Construction of 3 or 4 strand barbed wire fence

• Other type of wildlife or riparian fence construction

• Removal/Disposal of damaged or unusable fence

• Clearing of fence-line Right of Way (ROW)

• Providing new fencing materials

Fences will be built to USFS specifications (see Section J, Attachments 2 – 4). The contractor will be responsible for transporting all the necessary material to the project site. The contractor will be responsible for disposing of all leftover pieces of metal, flagging, other construction debris and associated garbage.

In the event coordination with private landowners is necessary to access project locations, it will be identified per individual

TO.

This is an IDIQ contract, allowing specific projects to be added via Individual Project TO as they are developed.

Individual Projects will be packaged with the project-specific details that supplement the standard specifications and terms of the basic contract. These Individual Project requirements will include detailed payment items, special or supplemental project specifications, drawings, specialized inspection terms, performance period requirements, government-furnished property, government-furnished facilities, or government-furnished services, special contract requirements, exhibits and other detailed requirements applicable to the specific Individual Project.

For each Individual Project a best-value analysis and source selection will be completed. Project-specific pricing and project-specific technical proposals will be requested as described herein. See Section G.

If a fair and reasonable price is negotiated through the Individual Project proposal process, an Individual Project TO will be prepared for that specific project. The actual contract value is based on the cumulative amounts of these Individual Project TO and any subsequent modifications to them. If a fair and reasonable price is not reached through the Individual Project proposal process, that Individual Project will be withdrawn for acquisition separate from this contract. Pricing of Individual Projects will be FFP.

Applicable bonding requirements will be included with each Individual Project TO and will apply only to that specific Individual Project TO. There are no separate bonding requirements for the contract as a whole.

The Government reserves the right to determine whether any specific Individual Project is to be made available under this contract. Numerous projects that also use the standard specifications and terms covered under this contract may be acquired separately from this contract.

INDIVIDUAL PROJECT LOCATON. The areas to be covered by this contract include USFS Region 5: Tahoe NF, Plumas NF, and Eldorado NF, Lassen NF, and the Lake Tahoe Basin MU.

STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-72) (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-73) (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any

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SPECIFICATIONS APPLICABLE TO INDIVIDUAL PROJECTS. The standard and any supplemental specifications that apply will be identified per Individual Project TO’s.

TECHNICAL SPECIFICATIONS AND CONSTRUCTION REQUIREMENTS

EXISTING FENCE REMOVAL. The existing fence and associated materials shall be removed, where needed. All metal wire, staples, and metal T-post will be completely removed and hauled off-site by the contractor and disposed of in accordance with all Federal, State, and local requirements. Any untreated wood posts or trees used as part of existing fence can be left on site to degrade naturally. Questions related to removal or leaving should be directed to the Contracting Officer

(CO).

FENCE CORRIDOR CLEARING. The fence line corridor shall be cleared to an approximate width of 8-feet, measuring 4-feet on each side of fence centerline, and 8-feet above ground. All live woody vegetation greater than 24-inches in height is to be removed, except any live tree 8-inches or greater at diameter breast height (DBH) (4.5-feet above ground). Those trees stay. Stumps shall be cut no higher than 12-inches above the ground. Small diameter brush does not need to be cleared.

Large diameter bushes containing stems greater than 1-inch basal diameter shall be cleared.

All dead down trees that are within the fence line corridor shall be dragged away from the fence line ROW. Down trees greater than 20-inches may be left on the outside of the center of the fence line.

All dead standing trees that are within 4-feet of the fence centerline (fence line corridor) shall be removed from the ROW.

Stumps shall be cut no higher than 12-inches above the ground.

Slash created by clearing fence line will be scattered outside of the fence line corridor, and not in any ditch or roadway.

Limited additional clearing may also be necessary as the fence is constructed to meet clearing specifications, as approved by the CO.

FENCE CONSTRUCTION. The following fence building specifications (see Section J) will be incorporated in all Individual Project TO’s:

• A Landowner’s Guide to Wildlife Friendly Fence Design from the Montana Fish, Wildlife and Parks (Attachment 2)

• USDA/USDI 1999 Interagency Fences document (Attachment 3)

• All Metal Fence Specifications (Attachment 4)

Additional unit specific specifications may also be added per TO.

The following covers only items not discussed in one of the attached documents. Fence Material Specifications are as follows:

• Barbed wire, 2-point, 12.5-gauge, galvanized, 4" or 5" spacing

• Barbless wire, 12.5-gauge, galvanized

• T-Post, 5.5", studded, Medium or Heavy weight (1.25 or 1.33)

• Oil Field Stem Pipe, 2 3/8”, 2 7/8”, or 3”

POSTS. T-post spacing identified in Section J may be slightly closer to keep the bottom wire at an acceptable height above the ground line. Live trees or line jacks may be used in lieu of steel posts. If live trees are used, they must be located within 2-feet of the established line (a fence line offset brace must be used to maintain the stretch line), be a minimum of 8-inches DBH and must have a nailer ("scab") (see photos in Section J). Steel posts shall be driven into the ground, past the top of the flange plate. It is acceptable to pre-drill post holes in rocky ground to permit the use of posts in these conditions. If this method is used, the flange may be knocked off prior to pounding; however, the post must be secure in the hole with no wobbling. Steel posts shall be relieved of upward pull of wires by use of deadman rock anchors and tie-downs. Tie downs can be secured using a large rock or a T-post driven at a 45-degree angle parallel to the fence (no more than 18-inches of post can remain out of the ground.)

GATES. The locations of the gates will be flagged by the USFS and/or permittee. Gates shall be 14-feet wide and constructed with 4 strands of barbed wire. The bottom wire on the gate will be at 16-inches above ground with the next two spaced 8-inches apart and the top wire spaced at 10-inches. Ends of the gate shall be attached to trees, rock jacks, rock cribs or H-braces.

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WIRE STRETCHING. Wire will be tightened adequately to set the wire twists and remove factory kinks. It is, however, important to refrain from stretching the wire excessively. Excessive tension will weaken the barbed wire by removing the capacity for it to stretch. Location of stretch points will be determined by topography and the availability of tie-trees.

SPLICING. Splices in the wire shall be made by wrapping the ends of the wire back around the wire three times, thereby forming an eye at the end of the wire. The other wire end is then placed through the eye and wrapped back around itself at least three times. All wraps shall lie directly adjacent to each other, thus forming neat, tight wraps.

ROCK JACKS/LINE JACKS. Rock jacks or line jacks will be placed at the top and bottom of all abrupt breaks in slopes.

Rock Jacks will also be used to anchor both sides of gates, stream crossings and fence end points. Tree-ties or H-braces may be substituted for rock jacks.

TREES. Solid live trees over 8-inches DBH may be used in place of posts, provided they are located not over 2-feet out of line. Tree branches shall be removed completely around the fence, to a height of 8-feet. A scab shall be securely nailed, with 6-inch helix nails to the tree at three points: top, center, and bottom.

STAPLING. Staples shall be driven at a slant to the grain of the wood to prevent the wood from splitting and will not be driven so deep as to nick the galvanizing on the wire. Staples should be driven to allow movement of the wire between the wire and post/tree scab to prevent the wire from pulling into the scab.

WATER GAPS/STREAM CROSSINGS. Stream crossings shall be constructed to allow the flow of high water and provide a barrier for livestock.

C.3 BIO-BASED/SUSTAINABLE PRODUCTS

The Contractor shall comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer.

In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired:

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

Meeting contract performance requirements; or At a reasonable price.

Information about this requirement and these products is available at http://sftool.gov/green-products/1/construction-materials.

The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than:

October 31 of each year during contract performance; and At the end of contract performance.

Information about this requirement is available at http://www.biopreferred.gov/FARReporting/FARReporting.xhtml http://sftool.gov/green-products/1/construction-materials http://sftool.gov/green-products/1/construction-materials http://www.biopreferred.gov/FARReporting/FARReporting.xhtml

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SECTION D--PACKAGING AND MARKING

D.1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the contractor and not to the Government.

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each Individual Project TO with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

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SECTION E--INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the contractor by the FS specifications or by the Supplemental Specifications.

Inspection for acceptance of work will be accomplished by visual inspection and will be based on adherence to the specifications. In the event visual inspection finds less than satisfactory work is being performed, re-work will be required at no additional cost to the Government. Areas not adhering to specifications will be flagged, identified to the contractor, and documented in the daily diary.

E.4 DETERMINATION OF ACCEPTABLE WORK

Inspection as stated above shall be performed by the FS for evaluation of contract specification compliance. The contractor will be notified in writing the fence items not meeting contract specifications. Portions of fence which do not meet contract specification will be reconstructed by the contractor and the identified items will be brought up to the required standard before the fence will be considered acceptable.

E.5 UNACCEPTABLE WORK

If any portion of the project is found to be unacceptable, the contractor shall reconstruct the unacceptable portion to comply with the specifications. Upon completion of the reconstructed portion of the project, the FS will re-inspect to determine compliance. If more than two inspections are needed for repeated deficiencies, the contractor may be charged inspector’s time and vehicle use.

E.6 REINSPECTION UPON CONTRACTOR REQUEST

If the original inspection results are not acceptable to the contractor, a re-inspection may be requested in writing up to seven

(7) days after being notified of the unacceptable work. The original inspection will be re-examined. If the re-inspection confirms the original inspection as not meeting standards, the contractor shall reimburse the Government the actual costs incurred in making the re-inspection. If the inspection indicates that work meets acceptable standards, the Government assumes the cost of re-inspection and payment will be made for the fence.

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction (AUG 1996)

452.246-70 Inspection and Acceptance (FEB 1988)

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

(b) Inspection and acceptance will be performed at the project location.

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SECTION F--DELIVERIES OR PERFORMANCE

F.1 OTHER REQUIREMENTS

52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within the number of days specified in the task order RFQ (default ten (10) calendar days after the date the Contractor receives the award or notice to proceed if not specified in the task order), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the number of days after the date the contractor receives the award, notice to proceed or a calendar date as specified in the task order award. The time stated for completion shall include final cleanup of the premises.

452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from April 1, 2023 through March 31, 2026.

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SECTION G--CONTRACT ADMINISTRATION DATA

G.1 PROCESS FOR REQUESTING INDIVIDUAL PROJECT PROPOSALS AND AWARDING TASK

ORDERS

a. After award of the RFP, the Individual Project proposals and awards shall follow the process established in this section. It is the Government’s intent to provide each contract Awardee with a fair opportunity to be considered for each Individual Project. “Awardees” refers to the contractors receiving awarded contracts under the basic RFP. A Contract Specialist from the Issuing Office will be assigned the responsibility for preparation of the Individual Project package. Whenever practicable all Awardees shall be provided Individual Project Proposal Requests unless compelling reasons dictate otherwise.

b. Individual Project Proposal Packaging. As they are developed Individual Projects will be packaged with all necessary detailed requirements that supplement the basic contract. Supplemental information will be formatted to correlate with the basic contract format. Each Individual Project will include the following:

• Task Order form with:

o Issuing Office shown o Project Section completed including a response time/date o Offer Section for completion by Offeror o Award Section for later execution by Issuing Office if awarded

• Section B Bid Schedule with detailed Payment Items, Option Items, quantities, and units. Unit prices and amounts for Offeror pricing.

• Section C Statement of Work – Project Scope, Project Location, Applicable Standard Specifications.

• Section E Inspection Requirements, if needed.

• Section F Performance Time – Completion Date/Days and Notice to Proceed Date.

• Section G Government Furnished Property/Facilities/Services and any additional Administrative Information.

• Section H Special Contract Requirements – Supplements to the basic contract clauses. This will include any use and operational period limitations, additional submittal requirements and other details.

• Section I Contract Clauses – added regulatory clauses such as Option clauses.

• Section J Attachments o Specification List, Special Project, or Supplemental Specifications o Current Wage Decision that will apply o Questionnaire for Technical Proposal, if needed o Other Exhibits or Attachments

• Section L Instructions for Offer submission.

• Section M Evaluation Factors for Source Selection relating to factors other than price.

c. Individual Project Proposal Requests. Individual Project packages will be provided with a specified response date and time. Awardees shall submit their questions related to the project to the assigned Contract Specialist.

Submission of written questions may be required. If necessary, a written Amendment to the project package will be issued with an adjusted response date where appropriate. Individual Project Proposal Requests may require only a price proposal or may also require submission of a technical proposal that is specific to the project.

d. Individual Project Proposal Submission. Proposals shall be submitted to the issuing office by the specified response date. Proposal submissions shall include:

• Completed and signed “Offer” section on the TO form

• Completed Section B

• Bid Guarantee (20%) if the total offer amount exceeds $150,000.00

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• Technical Proposal, if required

Offers are considered firm for 30 calendar days after the response date.

e. Source Selection for Award of Individual Projects. Source selection may be based on price alone or may be based on the best overall value to the Government, price and other factors considered. The factors will be expressed in the Individual Project Proposal Request package. These factors may include one or more of the following:

• Technical Capabilities relating to the specific project [including elements such as Project Sequencing, Scheduling, Resource Availability, Technical Experience]

• Past Performance on earlier orders placed under the contract unless the contractor has no awarded orders. If the contractor has not received an award under this IDIQ, recent/relevant past performance may be used and considered.

• Other factors

f. Award of Individual Projects. A written award emailed or otherwise provided to an offeror shall result in a binding Individual Project TO.

g. No Award of Individual Project Offerings. In the event a fair and reasonable price is not reached, the project will be formally withdrawn for acquisition separate from this contract.

h. Bonding of Individual Projects. Bonding requirements apply separately to each Individual Project TO as follows:

Individual Project TO Value Related Bonding Requirement(s) Individual Project TO amounts $35,000.00 or less

No bid guarantee is required No bonding is required

Individual Project TO amounts between $35,000.01 and $150,000.00.

Refer to FAR 52.228-13 (included in full text in Section I)

No bid guarantee is required

Alternate Payment Protection is required:

100% Payment Bond

Individual Project TO amounts greater than $150,000.00.

Refer to FAR 52.228-1 (included in full text in Section I).

Refer to FAR 52.228-15 (incorporated by reference in Section I).

20% bid guarantee is required

100% Payment Bond is required and 100% Performance Bond is required

G.2 ISSUANCE OF TASK ORDERS

• All work will be ordered by a Firm Fixed-Price (FFP) Task Orders (TO) and subject to Fair Opportunity.

• Orders shall be issued in writing, or by electronic commerce methods.

• Any Forest Service warranted Contracting Officer (CO), within the limits of their warrant, may award and administer a TO for work covered by this contract.

• Estimated start work dates and performance times will be identified on each TO. TO’s may be issued continuously with no time discounted for normal weather conditions or fire restrictions.

• Refer to Federal Acquisition Regulation (FAR) Clauses: 52.216-18 Ordering (I.2); 52.216-19 Order Limitations

(I.3), and 52.216-22 Indefinite Quantity (I.4).

G.3 ADMINISTRATION OF INDIVIDUAL PROJECT TASK ORDERS

Wherever the term “contract” is used herein it shall be construed to apply equally to Individual Project TO’s placed under the contract, as if each Individual Project TO is a separate contract.

For example, the clause FAR 52.232-5, Payments Under Fixed Price Construction Contracts requires the final payment to be dependent upon (1) completion and acceptance of all work, (2) a properly executed voucher, and (3) a release of claims. All three of these final payment conditions shall apply to each Individual Project TO.

As another example, the clause FAR 52.228-15, Performance And Payment Bonds – Construction states, “Original contract price means the award price of the contract…” The term “Individual Project Task Order” is substituted in like

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There are numerous other examples where reference to “contract” shall apply as if the term “Individual Project Task Order” was substituted. The contractor shall refer all questions to the CO if clarification is needed regarding the application of contract clauses to Individual Project TO’s.

Each Individual Project TO is separable to the extent that it will be initiated, performed, administered, completed, and closed independently.

1. Individual Project TO’s may have separate CO, Contracting Officer’s Representatives and/or Government

Technical Monitors.

2. Individual Project TOs will have unique performance terms and notices to proceed.

3. Individual Project TO’s will require separate submittals, unless otherwise agreed.

4. Individual Project TO’s will have separate payments.

G.4 BID AND BIDDER VERSUS PROPOSAL AND OFFEROR

Wherever the term “bid” is used it shall be construed to mean “proposal.” This applies in reference to the basic contract, to the Individual Project proposal and award process and to Individual Project TO’s. The term “bidder” shall be construed to mean “offeror.”

G.5 INDIVIDUAL PROJECT PROPOSAL RESPONSES

After the basic RFP is awarded Individual Project proposals are requested periodically. These requests will be limited based on the Offer Qualifications and corresponding contract award limitations. It is understood that the contractor will be balancing their other commercial work with any proposed work under the awarded contract. Nonetheless, there is a general expectation that contractors will respond affirmatively to the majority of Individual Project proposal requests with a reasonable price and performance proposal. Repetitive failure to respond may impact the source selection process for future Individual Project proposals.

G.6 ISSUING OFFICE ADMINISTRATION

The Issuing Office shall be responsible for fund obligation and payment processing. The Issuing Office shall complete all Federal Procurement Data System and other reporting.

G.7 DESIGNATIONS

G.7.1 CONTRACTNG OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (COR) is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order or other matter deviating from the terms of this contract be effective or binding upon the government unless formalized by proper contractual documents executed by the CO prior to completion of the contract. The CO should be informed as soon as possible or any actions, or inactions, by the contractor, or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule, or the performance period stated in the contract.)

On all matters that pertain to the contract terms, the contractor must communicate with the CO. Whenever, in the opinion of the contractor, the COR requests effort outside the scope of the contract, the contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the CO should be notified immediately, preferably in writing, if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.7.2 GOVERNMENT TECHNICAL MONITOR

The Government Technical Monitor (GTM) assists the CO and COR as a technical advisor/inspector to monitor contractor performance. A GTM has no contractual authority. This person exists only to advise the COR in his/her area of expertise.

G.8 PAYMENTS

G.8.1 INVOICE AND PAYMENT REQUIREMENTS

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All invoices for task order payments shall be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Format and Content:

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

1. Invoice number and date

2. Task Order Number

3. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

4. The accounting must follow the approved schedule of values as described in the specification attachment.

5. Total amount due for the billing period

6. Certification of Progress Payment

7. Payrolls (e-mail weekly as applicable to the work performed)

8. Substantiation of Subcontractor Payment

9. 52.223-9 Certification with final payment request.

10. A Release of Claims (See 1452.204-70) with a request for final payment.

A Progress Report (may be included in Progress Meeting Notes) shall be submitted to support each invoice and shall include a summary of work performed during the period of performance identified on the invoice, which at a minimum must include:

1. ACTIVITY: Description of the previous month’s project activities and the planned activities for the next month. Also, Describe activities performed on contingency task(s), percent complete, task or deliverable schedule and identify any issues or concerns that may affect the performance and/or completion of the task(s);

2. PERCENTAGE COMPLETE: In accordance with the accepted Schedule of Values, for each task/deliverable: identify the percentage completed during the month and the cumulative percentage completed;

3. SCHEDULE: Reconcile progress of each task/deliverable with the schedule identified for each; submit a revised schedule as required.

4. ISSUES OR CONCERNS: Identify issues and/or concerns that may affect the project Statement of Work (SOW) or schedule.

5. OTHER INFORMATION: Any other information required in the Contract to be included in the Progress Report.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its quotation.

Local Internet Payment Platform (IPP) Hotline

To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. If you need to leave a message, be prepared to provide the following information:

1. Company Name

2. Contract (Task Order) Number

3. Invoice Number

4. Invoice Amount

5. A brief description of why you are calling

6. Your contact information

If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.

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G.8.2 PAYMENT FOR MATERIALS DELIVERED OFF THE SITE

As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the contractor, may, at the option of the CO, be included in progress payments. Prior to payment, such material will be subject to Government inspection and must be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the contractor shall furnish the Government with a right of ingress and egress to the property together with right of removal.

G.8.3 PAYMENTS FOR INCIDNETAL ITEMS

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract.

Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered incidental to and included in the payment for items shown.

G.8.4 RETURN OF PERFORMANCE AND PAYMENT BONDS

Performance and payment security furnished under this contract must be retained by the Government for a minimum of one year after acceptance of all work under the contract. Performance and payment security other than corporate or individual surety bonds will be returned to the contractor one year after completion of work if no claims against these bonds have been filed at that time.

G.8.5 PAYMENT FOR PERFORMANCE AND PAYMENT SECURIITY EXPENSES

It is mutually agreed that the premium costs for performance bonds, payment bonds and alternative payment protections furnished for this contract are included in the total amount bid for other items and that any payment to the contractor for the cost of bonds made in accordance with FAR 52.232-5 refers only to corporate sureties listed in the current Department of Treasury Circular 570 and no advance payment will be made for bond premiums where other than corporate surety bonds are furnished. Bond premiums as used in this paragraph and FAR 52.232-5 shall include any Small Business Administration fees paid in connection with SBA guaranteed corporate surety bonds.

G.9 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Government or officer in charge, their agents, or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

G.10 OTHER REQUIREMENTS

G.10.1. POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offeror(s) is required. It will be scheduled and held within fifteen (15) days after the date of contract award.

G.10.2. TASK ORDERS – REQUEST FOR PROCEDURES(RFP) / REQUEST FOR QUOTATON (RFQ)

PROCEDURES

a. A TO is a contractual instrument issued by an authorized and warranted government CO to order work for the government.

b. As the need exists for performance under the terms of this Contract any warranted Forest Service CO may solicit quotes and issues TO’s against this contract.

c. A TO Contracting Officer Representative will be appointed as the technical contact for each order.

d. Additional specifications may be provided with each RFP/RFQ.

e. RFP/RFQs will be transmitted primarily via e-mail.

f. RFP/RFQs may include evaluation criteria (i.e.: technical approach, past performance, etc.) which will require the submission of a technical proposal. All RFP/RFQs shall specify the method for award determination and indicate the required response documentation.

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g. Upon the receipt of an RFP/RFQ from the Government, the contractor shall respond as specified.

h. Contract holders will receive fair opportunity to be considered for each RFP/RFQ unless one of the exceptions in

FAR Subpart 16.505(b)(2) applies.

G.11 ON/OFF RAMP PROCEDURES

G.11.1. ON RAMP PROCEDURES. The Government will review IDIQ performance and requirements on a regular basis (at least annually) and determine the necessity of on ramping. The Government reserves the right to announce and issue a new solicitation for the purposes of: (i) adding additional Contractors to expeditiously meet the requirement as the need for increased assessments materialize; and (ii) increase the small business pool of Contractors; and (iii) increase competition.

The Government may implement on-ramp procedures at any time by reopening the competition and utilizing the same basis of award established in the initial solicitation. Any resulting IDIQ(s) awarded will include the same terms and conditions as the current basic contract. Implementing this procedure will not affect the overall period of performance for the basic contract.

G.11.2. OFF RAMP PROCEDURES. The Government reserves the right to implement off-ramp procedures, which would result in the removal of IDIQ holders. The criteria for off-ramping may include, but not limited to, IDIQ holders not proposing on order request(s), not having at least one order award, and/or unsatisfactorily meeting the PWS requirements. If implemented, off-ramp procedures will remove IDIQ holders by not exercising the next available ordering period or terminating the IDIQ.

G.12 GOVERNMENT POINTS OF CONTACT

Contract Specialist Name: Christopher Jordan Organization: USFS E-Mail Address: christopher.jordan2@usda.gov

Contracting Officer Representative (COR) Name: Jeffrey Lees Organization/Office Symbol: USFS E-Mail Address: jeffrey.lees@usda.gov

Government Customer Point of Contact Name: Jacob Biar Organization/Office Symbol: USFS E-Mail Address: jacob.biar@usda.gov

Contracting Officer (CO) Name: Klenise Wallace Organization: USFS E-Mail Address: klenise.wallace@usda.gov

G.13 CONTRACTOR BUSINESS INFORMATION

Contractor Point of Contact (Note: To be filled in upon contract award) Contractor Legal Business Name:

Contractor POC:

Unique Entity ID:

CAGE CODE:

Phone Number:

E-Mail Address:

(End of text)

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SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 OTHER REQUIREMENTS

USE OF PREMISES

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

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

ARCHAEOLOGICAL OR HISTORIC SITES

If a previously unidentified archaeological or historic site(s) is encountered, the contractor shall discontinue work in the general area of the site(s) and notify the CO immediately.

CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

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

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

c. Mechanized equipment shall not be operated in flowing streams without written approval by the CO.

SAFETY AND FIRE PREVENTION

a. Safety. Contractor is responsible for the protection of the lives and health of contractor employees; shall prevent damage to property, materials, supplies and equipment; and avoid work interruptions. Contractor shall provide appropriate safety barricades, signs, and signal lights to avoid accidents.

Work performed must be in accordance and consistent with the Occupational Safety and Health Administration (OSHA) Act of 1970. The Contractor is responsible for all hazardous conditions arising under this contract. OSHA regulations, as well as this contract, impose the responsibility upon you to ensure that the working conditions are not unsanitary, hazardous, or dangerous to your employees’ health and safety. Forest Service employees will not inspect or accept the work under conditions that are hazards or unsanitary, that has not been mitigated to the extent required by OSHA. Any subcontract entered into pursuant to this contract shall similarly provide a work environment that is sanitary and not hazardous.

b. Personal Protective Equipment. The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-4J. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support.

Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

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In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation.

c. Fire Prevention. The contractor shall, both independently and in cooperation with the Forest Service, take all reasonable and practicable action to prevent and suppress fires in the project area using all necessary personnel and equipment at Contractor’s disposal on the site.

Task Orders will include the applicable Forest’s fire plan, which should address the Contractor’s responsibilities for fire prevention and suppression activities within the Contractor’s project area.

d. Accident Reporting. The contractor shall maintain an accurate record of all work-related accidents resulting in death, injury, occupational disease, or damage to property, materials, supplies, or equipment.

e. Injury Notification. Injuries to workers will be reported promptly to the COR and appropriate contractor personnel.

Emergency care for workers while on the job site is a contractor responsibility.

KEY PERSONNEL (AGAR 452.237-74) (FEB 1988)

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

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

(c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any…