W91238-11-T-0011-Fuels-Reduction.pdf

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET-ROOM 878

SACRAMENTO CA 95814-2922

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

7MIL

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W91238-11-T-0011 04-Aug-2011

b. TELEPHONE NUMBER

916 557-7570

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 06 Sep 2011

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W91238

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ERICA J TAYLOR

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

115310

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W91238-11-T-0011

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Pre Work Meeting

FFP

FOB: Destination

NET AMT

0002 1 Lump Sum Accident Prevention Plan

0003 5.50 Acre Fuels Reductions

0004 1 Lump Sum Contractor Manpower Reporting

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Performance Work Statement July 2011

Project: Martis Fuels Reduction Project

Points of Contact Contractor POC TBD

Contracting Officer’s Representative Mr. Doug Grothe U.S. Army Corps of Engineers

CESPK-CO-SD

PO BOX 6

Smartville, Ca 95977-0006

PH: (530) 432-6427

Email: Doug.Grothe@usace.army.mil

Safety Officer Mr. Anderson Macatumbas

U.S. Army Corps of Engineers, Sacramento District Attn: CESPK-SO 1325 J Street Sacramento, CA 95814-2922 Anderson.D.macatumbas@usace.army.mil Ph: 916/557-7315

Contracting POC Ms. Erica Taylor

Attn: CESPK-CT-B (Taylor, Services Team) 1325 J Street Sacramento, CA 95814-2922 Erica.J.Taylor@usace.army.mil Ph: 916/557-7570 (Fax: 7524)

Payment Questions: Direct payment questions to the COR

For prompt payment, submit invoices to all parties and follow the guidance provided in the Invoicing and Payment paragraph. Payment is NET 30 unless the CONTRACTOR specifies prompt payment discount terms in the quote/proposal. Incomplete or inaccurate invoices shall be returned to the CONTRACTOR for revision.

1. SCOPE OF CONTRACT

1.1. Description of work: The intent of this contract is to secure services for the mastication of overstocked conifer trees, and significant “down woody” material in areas identified in the Schedule of Items. The end result will be open conifer stands with reduced “down woody” material and the number of trees in the stand going from 228 to 101 per acre.

In addition, there will be varied spacing and retention of large down logs and large snags for wildlife purposes.

1.2. Contractor responsibility: The contractor shall provide all equipment, supplies, transportation, labor and supervision – necessary to complete the project, except for that which the contract clearly states to be furnished by the Government.

2. PROJECT LOCATION AND DESCRIPTION

2.1. Location: The project is located within the Martis Creek Lake project, Truckee, Nevada and Placer Counties, California.

2.2. Description: An approximate 5.5 acre area along the southeastern boundary of the project, bordering the Waddle Ranch Conservation Easement, T17N, R17E, MDM, Sections 17 &20. The perimeter of the project is marked with yellow flagging.

2.3. Accessibility: Heavy equipment access for the project will be through the Waddle

Ranch Conservation Easement. The project is accessible by vehicle through Corps of Engineers land via the main Waddle Ranch gate and along the power line road on the southeast side of Martis Creek Lake. Contractor shall use only existing roads – no special road construction nor existing road maintenance will be performed to keep roads open to the project area.

3. MAPS

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

4. TECHNICAL REQUIREMENTS

4.1. DEFINITIONS

4.1.1. USACE – U.S. Army Corps of Engineers

4.1.2. RPF – Registered professional forester

4.1.3. DBH – Diameter at breast height

4.1.4. Treatment limit – 12” DBH

4.1.5. Cut trees – trees to be removed

4.1.6. Snags – standing dead trees

4.1.7. VMP – Vegetation Management Plan

5. PRESERVATION OF HISTORIC SITES

5.1. The contractor shall avoid impacts to historic and prehistoric sites. Avoidance means that no ground disturbing activities associated with the project will affect historic and prehistoric sites during construction. The USACE designee will flag the boundaries of historic and prehistoric sites to be avoided within the project area and present this information to the contractor in the field. Any impacts to cultural resources within the flagged boundaries associated with the project, whether purposeful or inadvertent, are not acceptable and the USACE may require the contractor to pay for the recordation, stabilization or data recovery at the site.

5.2. At contractor’s expense, all vehicles entering any critical habitats must be cleaned

(primarily the undercarriage) prior to entry.

6. PRE-WORK MEETING

6.1. At least 10 days prior to commencement of work, the Contractor must contact the Park Manager or his representative to schedule a pre-work meeting.

6.2. At the pre-work meeting, the Park Manager or his representative will review the contract requirements and other necessary supplies to be utilized during the contract period.

7. RESTRICTIONS OF WORK

7.1. No equipment within 25 feet of seasonally flowing intermittent or ephemeral streams.

7.2. No equipment within 100 feet of springs, ponds or wet meadows.

7.3. Protect all heritage resource sites flagged with blue and black striped flagging.

7.4. Leave trees shall not be damaged by contractor’s operations.

7.5. Work will be stopped when the contracting officer or designated representative determines that adverse weather has made access too dangerous or that continued vehicular traffic would cause unacceptable road or resource damage.

8. SPECIFICATIONS

8.1. The preferred method of fuels treatment is mastication of existing forest fuels lying on the ground, and mastication of designated ladder fuel trees (marked with Orange paint by RPF). Mastication will be the full focus of this treatment in reducing ground, ladder fuels and conifers up to 12" in diameter. Mastication will be accomplished with a forestry-mastication-grinding head mounted on a low-ground-pressure excavator.

8.2. Acceptable equipment for this project includes a 320 CL Masticator fitted with a Fecon

BH80 head/ground pressure of 5.5 psi/horizontal reach of 31’ and a 200 DLC fitted with a Fecon BH80 head/ ground pressure of 6.08 psi/horizontal reach of 32’7” both with triple bar, shallow grouser “street pads.”

8.3. Bidders must indicate in their quotation the manufacturer and model of available equipment as well as the capabilities and specific features of the equipment, and the operator/crews available to operate the equipment.

9. SCHEDULE OF ITEMS

9.1. A CA Registered Professional Forester (RPF) will designate which trees and dead woody material will be removed to accomplish the objectives of the VMP. Contractor shall refer to attached VMP for further information about the project.

9.2. Prior to stand treatment, “cut trees” shall be marked by the RPF at DBH, and on the stump below the cut line with ORANGE tree marking paint. All marked “cut trees” shall be removed as part of the Vegetation Management Plan. Project boundary will be marked with pink flagging.

9.3. All Down Logs are to be treated/masticated, with the following exceptions; Prior to stand treatment the RPF shall designate large down logs (>20” dia.) to be left for wildlife habitat by marking a “W” with BLUE paint on those logs.

9.4. All snags are to be treated/masticated, with the following exceptions; prior to stand treatment the RPF shall designate medium-sized snags (15”-30” DBH) to be left for wildlife habitat by marking a “W” with BLUE paint on those snags.

9.5. Existing concentrations of shrub/brush species shall be treated by mastication to break-up fuel continuity. Between 60% - 70% of existing brush/shrubs shall be treated by mastication. The remaining 30% - 40% of existing brush/shrub present within the project area shall remain undisturbed by fuel management operations, and left in a mosaic pattern distributed throughout the project area, so that some brush/shrubs is left in all parts of the project area where it currently occurs. No masticated or cut material shall lean against or be suspended by a leave tree.

10. FIRE PLAN

10.1. Contractor shall abide by the requirements of this plan. Contractor shall take all steps necessary to prevent accidental setting of any fires and shall extinguish any fires started as a result of contract operations.

10.2. Contractor shall equip all saws, internal combustion engines and masticating machines with spark arrestors, except those with maintained mufflers. All vehicles will be equipped with fire extinguishers, shovel and axe. Concentrations of wood dust and debris shall be removed from equipment daily.

10.3. USACE may inspect contractor’s equipment for compliance with the fire plan at any time.

10.4. Contractor shall report all fires by calling 9-1-1. Contractor shall notify the USACE representative within 15 minutes of a fire being reported.

11. ACCIDENT PREVENTION PLAN (APP):

11.1. The Contractor shall obtain the USACE Project Safety Officer’s approval of the Accident Prevention Plan BEFORE starting any on-site work.

11.2. The Contractor shall use a qualified Safety and Health Manager (SHM) to prepare the written site-specific Accident Prevention Plan (APP) in accordance with the format and requirements of USACE EM 385-1-1. Cover all paragraph and subparagraph elements in Appendix A of USACE EM 385-1-1 "Minimum Basic Outline for Preparation of Accident Prevention Plan.” Activity Hazard Analyses (AHAs) shall be appended to the APP.

11.3. The Contractor shall develop an Injury and Illness Prevention Program (IIPP) for projects within the State of California as an appendix to the APP. Where a paragraph or subparagraph element is not applicable to the work to be performed, indicate "Not Applicable" next to the heading. The APP shall be job specific and shall address any unusual or unique aspects of the project or activity for which it is written. The APP shall interface with the Contractor's overall safety and health program (SHP). Any portions of the Contractor's overall safety and health program referenced in the APP shall be included in the applicable APP element and made site-specific. The Government considers the Prime Contractor to be the "controlling authority" for all work site safety and health of the Subcontractors. The Contractor is responsible for informing their Subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting Subcontractor operations to ensure that accident prevention responsibilities are being carried out. The Contractor, COR, and Site Safety and Health Officer (SSHO) shall sign the APP.

11.4. The Contractor shall submit the APP to the USACE Project Safety Officer within

10 days of award. The Government will review the documents within 10 days. The Contractor shall resubmit the documents, with any requested changes, within 5 days of request.

11.5. The Contractor’s APP and subsequent activities shall comply with the following referenced documents (most current version, if different than the date referenced), at a minimum:

11.6. EM 385-1-1, USACE Safety & Health Requirements Manual, EM 385-1-1, 15 Sep

08 Edition, Effective 12 Jan 09, http://www.usace.army.mil/CESO/Pages/EM385-1- 1,2008NEW!.aspx

11.7. Title 29 Code of Federal Regulations (CFR) 1910, Occupational Safety and

Health Standards.

11.8. 29 CFR 1926, Safety and Health Regulations for Construction.

11.9. 29 CFR 1926.65/29 CFR1910.120, Hazardous Waste Operations and Emergency Response.

11.10. USACE, Safety and Occupational Health Document Requirements for

Hazardous, Toxic and Radioactive Waste (HTRW) Activities, ER 385-1-92 (1 July 2003).

11.11. NIOSH/OSHA/USCG/EPA, Occupational Safety and Health Guidance Manual for

Hazardous Waste Activities (October 1985).

11.12. American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and BELs®, Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2005).

11.13. Title 8 California Code of Regulations (CCR) Chapter 4 Subchapter 4, Construction Safety Orders.

11.14. 8 CCR Chapter 4 Subchapter 7, General Industry Safety Orders.

11.15. 8 CCR Sections 3203 & 1509, Injury and Illness Prevention Program.

11.16. American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and BELs®, Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2005)

11.17. OSHA ancillary safety and health regulations governing certain aspects for this contract include:

11.18. Respiratory Protection (29 CFR 1910.134/8 CCR Section 5144)

11.19. Occupational Noise Exposure (29 CFR 1910.95/8 CCR Sections 5095-5100)

11.20. Hazard Communication (29 CFR 1910.1200/29 CFR 1926.59/8 CCR Section

5194)

11.21. The Control of Hazardous Energy (Lockout/Tag-out) (29 CFR 1910.147)

11.22. Proposition 65 (22 CCR Section 12000) Chemicals Know to the State to Cause

Cancer or Reproductive Toxicity

12. LEGAL REQUIREMENTS AND PERMITS

12.1. The Contractor shall procure at his own expense all necessary licenses and permits and shall conform to all laws, regulations, and ordinances applicable to the performance of the contract.

13. PAYMENT AND INVOICES

13.1. Invoices for payment shall be submitted upon completion of tasks as outlined in the pricing/payment schedule. Invoices shall include all necessary information, including any necessary supporting documentation required as part of this Performance Work Statement. All invoices must reflect the contract number W91238-XX-X-XXXX, see Block 2 of the Standard Form 1449. The final invoice must be marked “FINAL.”

Copies of all invoices shall be provided to the following:

13.2. An original invoice WITHOUT additional information or supporting documentation shall be mailed to:

USAED, Finance Center Attn: CEFC-FP 5722 Integrity Dr.

Millington, TN 38054-5005

13.3. A copy each of invoice WITH all necessary supporting documentation as required by this Performance Work Statement shall be mailed to the following individuals:

Mr. Doug Grothe U.S. Army Corps of Engineers

CESPK-CO-SD

PO BOX 6

Smartville, Ca 95977-0006

PH: (530) 432-6427

Email: Doug.Grothe@usace.army.mil

Ms. Erica Taylor

Attn: CESPK-CT (E. Taylor, Contract Specialist) 1325 J Street Sacramento, CA 95814-2922 mailto:Dennis.D.Wagner@usace.army.milPh: (916) 557-7570 (Fax: 7524) Email: Erica.Taylor@usace.army.mil

14. SAFETY

14.1. The work to be performed is within the boundaries of public areas. The Contractor’s attention is directed to the needs for extreme caution and care while operating equipment. Safety requirements of EM-385-1-1 shall apply to all work. A copy of the Engineering Manual is available at the Park Headquarters for review.

14.2. The Contractor will comply with all pertinent provisions of the Corps of Engineers Manual, EM 385-1-1, "Safety and Health Requirements Manual," the California State Health Code, and County Codes.

15. CONTRACTOR’S QUALITY CONTROL PLAN (QCP):

15.1. The Contractor shall establish and maintain a complete QCP to assure the requirements of this contract are provided as specified. This QCP shall be forwarded to the COR at time of award. The COR will review the QCP and list any needed clarifications, and return to the Contractor for response, if necessary, reference Attachment B. The Contractor’s QCP shall include the following, or have incorporated into the document during performance of the contract, at a minimum:

15.2. An inspection plan covering all services is required by this contract. The inspection plan shall specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections shall be accomplished and documented, and shall specify the title of the individual(s) who will perform the inspections.

15.3. On-site records of all inspections conducted by the Contractor noting necessary corrective actions taken. The Government reserves the right to request copies of any and/or all inspections.

15.4. Active or established internal policies and procedures for updating equipment and procedures that may affect the performance of the contract.

15.5. Methods for identifying and preventing deficiencies in the quality of service performed, before the level of performance becomes unacceptable, and organizational functions noting intermediate supervisory responsibilities and overall management responsibilities for ensuring total acceptable performance.

15.6. Identify the character, physical capabilities, certifications and ongoing training of each employee performing services under the contract.

15.7. Contain a log to account for all requests for immediate services. The log shall indicate the date and time of services, and description of results and completion of these services. The log shall also contain any complaints or problems, with procedures taken, to allow for corrections and/or elimination before effects caused interruption of performance of the contract.

16. AUTHORITIES/TECHNICAL DIRECTION

17. Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

18. CONTRACTOR MANPOWER REPORTING

18.1. Reporting is accomplished by direct data entry into a secure Army website found at https://cmra.army.mil . Contractors must register in this system. You are referred to the Contractor and SubContractors Users Guides and the FAQ’s available at this website for detailed information and instructions pertaining to registration for and data entry into the CMRA system.

18.2. The CMRA Help Desk can be contacted for assistance by telephone (703-377- 6199) or email (Contractormanpower@hqda.army.mil). Please note that other Government personnel (Contracting, Program/Project Management, etc.) will not be able to answer questions related to the CMRA system. ALL questions pertaining to system registration, data entry problems, and other information technology-related issues or concerns must be directed to the CMR Helpdesk.

18.3. Annual reporting is required. The data for each Government fiscal year (October 1st through September 30th) must be entered no later than October 31st. If the contract action to which the CMR requirement applies overlaps two or more Government fiscal years, the Contractor must prorate the labor hours and labor dollars accordingly.

18.4. The data that must be entered includes: Contract Number; Delivery Order Number (if applicable); Task Order Number (if applicable); Requiring Activity Unit Identification Code (UIC) [to be provided by the Government]; Command [to be provided by the Government]; Contractor Contact Information; Federal Service Code;

Direct Labor Hours; Direct Labor Dollars; Location Information; Amount Invoiced for FY;

and Prime/SubContractor status.

18.5. There is a flow-down requirement to subContractors providing applicable services. The prime Contractor has overall responsibility for ensuring that their subContractors timely enter their respective data.

18.6. Concurrent with or following the award of each contract or order subject to the reporting requirement, a “CMR Worksheet” will be provided to the Contractor by the Government (see attached sample).

18.7. A Contract Line Item Number (CLIN) will be included in the contract or order for each contract action to which the CMR requirement applies. The Contractor may elect to price or not-separately-price the CMR requirement.

18.8. The CMR requirement does not require a Contract Requirement List in the contract or order.

18.9. The CMR website is a secure site. Additionally, Contractor labor hours and associated labor costs will be treated as proprietary information when linked to the Contractor’s name and the contract number.

18.10. The Contractor Manpower Reporting requirements are subject to change. The Contractor will be responsible for complying with the reporting requirements specified on the CMRA website at the time the annual report is due, at no additional cost to the Government.

18.11. Reminder: For help with the CMRA system, please contact the CMRA Help Desk at (703-377-6199) or Contractormanpower@hqda.army.mil

19.

ATTACHMENT A

(SAMPLE)

CMR WORKSHEET

1. The CMR requirement described in Section C/the Performance Work Statement (PWS)/the Scope of Work (SOW) applies to this contract or order.

2. For the purpose of data entry on the CMR website, the following information is supplied by the Government.

(a) Contract Number:

(b) Delivery order Number (if applicable):

(c) Task Order Number (if applicable):

(d) Unit Identification Code of the Activity Requiring the Services:

(e) Command:

3. The Contractor or subContractor will be responsible for entering the following Contractor or subContractor supplied data:

(a) Contract Number: (see above)

(b) Delivery Order Number: (see above)

(c) Task Order Number: (see above)

(d) Requiring Activity Unit Identification Code: (see above)

(e) Command: (see above)

(f) Contractor Contact Information

(g) Federal Service Code (FSC): The predominant Federal Service Code reflecting services provided by the Contractor (and separate predominant FSC for each subContractor if different)

(h) Direct Labor Hours: The estimated total number of labor hours performed at this location for this FSC code for the Government fiscal year being reported.

(i) Direct Labor Dollars: The estimated total dollar amount for direct labor performed at this location for this FSC code for the Government fiscal year being reported, based on unloaded amounts (i.e., without benefits, travel expenses, ODC’s, etc.).

(j) Location (Country, State, Zip Code, and City/Installation Name): The location where the work is being performed.

(k) Total Invoiced Amount: The total dollar amount invoiced during the Government fiscal year being reported, at the delivery/task order level, if applicable.

(l) Prime Contractor: Yes or No.

ATTACHMENT B

PERFORMANCE OF WORK REQUIREMENTS SUMMARY

1. The purpose of this exhibit is to:

a. List the contract requirements considered most critical to acceptable contract performance.

b. Show, where applicable, the maximum allowable degree of deviation from perfect performance for each requirement that shall be allowed by the Government before contract performance is considered unsatisfactory.

c. Define the procedures the Government shall use in reducing the Contractor’s monthly payment if satisfactory performance is not rendered.

2. The Government’s quality assurance procedures are based on actual performance of the contract and all areas will be reviewed periodically, (e.g. daily ,weekly, monthly, quarterly, semi-annually, etc.).

3. The criteria for acceptable and/or unacceptable performance are as follows:

a. Contract requirements. The criteria for requirements are the level of performance deemed acceptable by the Government.

b. If the quality of work does not comply with the contract requirements, the COR will initiate and the Contractor shall be required to complete a Contract Discrepancy Report (CDR).

c. The CDR will require the Contractor to explain in writing why performance was unacceptable, how performance will be returned to an acceptable level, and how recurrence of the problem will be prevented in the future. The Contractor will not be paid for services not rendered in accordance with the standards set forth in this contract.

d. If the level of performance is deemed unacceptable to the Government, concurrent with two unsatisfactory ratings, monthly payment will be reduced for unsatisfactory performance by the percentage as shown in the chart below:

(1) OBJECTIVE: Accident Prevention Plan (APP) Performance Standard

Minimum Acceptable Level (MAL) & Desired Level (DL)

Method and Frequency of Inspection

Disincentive, Incentive & Remedy

Obtain an approved Accident Prevention Plan as per specifications outlined in Section 8.

100% required at both the MAL and DL

Review by COR and approved by the Safety Officer prior to initialization of any work.

Disincentive: Delay of contract start date.

Incentive: Performance of contract.

Remedy: The Contractor shall develop a plan for completion and approval of the APP. Continuous review until performance is satisfactory.

(2) OBJECTIVE: Pre-Work Meeting

Standard

Minimum Acceptable Level (MAL) & Desired Level (DL)

Method and Frequency of Inspection

Disincentive, Incentive & Remedy

Contractor shall attend a pre-work meeting and submit all documents/equipment for approval, including, but not limited to a Hazard Analysis, copy of Insurance, certifications etc.

100% required at both the MAL and DL

Review by COR and approved by prior to initialization of any work.

Disincentive: Delay of contract start date.

Incentive: Performance of contract.

Remedy: The Contractor shall attend a pre-work meeting and satisfy all requirements of the Performance Standard.

Continuous review until performance is satisfactory.

(3) OBJECTIVE: Fuels Reduction and Mastication

Standard

Minimum Acceptable Level (MAL) & Desired Level (DL)

Method and Frequency of Inspection

Disincentive, Incentive & Remedy

Contractor shall perform Fuels Reduction and Mastication as outlined by the specifications in the PWS.

100% required at both the MAL and DL

Review by

COR.

Disincentive: Delay of contract start date.

Incentive: Performance of contract.

Remedy: The Contractor shall attend a pre-work meeting and satisfy all requirements of the Performance Standard. Continuous review until performance is satisfactory.

(4) OBJECTIVE: CMRA Reporting

Standard

Minimum Acceptable Level (MAL) & Desired Level (DL)

Method and Frequency of Inspection

Disincentive, Incentive & Remedy

CMRA data entered into the Army’s CMRA website, NLT 31Oct for any services that were performed during the preceding Government fiscal year (01Oct-30Sep)

100% required at both the MAL and DL

Sampling by the Department of the Army

Disincentive: 100 % of invoice deduction for failing to meet MAL.

Incentive: Full payment of invoice.

Remedy: The CONTRACTOR shall develop a plan for meeting requirement within 10 days of discovery. Continuous review until performance is satisfactory.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

CLAUSES INCORPORATED BY FULL TEXT

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

(End of clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991

Section I - Contract Clauses

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

MAY 2011

52.212-4 Contract Terms and Conditions--Commercial Items JUN 2010 52.219-6 Notice Of Total Small Business Set-Aside JUN 2003 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-16 Alt I IEEE 1680 Standard for the Environmental Assessment of

Personal Computer Products (Dec 200&0 Alternate I

DEC 2007

52.223-18 Contractor Policy to Ban Text Messaging While Driving SEP 2010 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to

Iran--Certification.

SEP 2010

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration

OCT 2003

52.233-3 Protest After Award AUG 1996 52.237-3 Continuity Of Services JAN 1991 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.225-7001 Buy American Act And Balance Of Payments Program JAN 2009 252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2011) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) 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.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) 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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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) Reserved.

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

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 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)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (MAY 2011) Alternate I (Deviation) (FEB 2000)

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

(1) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(2) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(3) Reserved.

(4) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(5) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(6) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(7) Reserved

(8) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(9) 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)).

(10) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(11) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(12) 52.222-54, Employment Eligibility Verification (Jan 2009).

(13) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(14) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(b) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 115310- assigned to contract number TBD.

(Contractor to sign and date and insert authorized signer's name and title).

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

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

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any insert regulation name (48 CFR ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2011)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

___ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) ___252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).

(2) ___ 252.203-7003, Agency Office of the Inspector General (SEP 2010) (Section 6101 of Pub. L. 110-252, 41 U.S.C. 3509 note).

(3) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.

2416).

(4) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT 2010) (15 U.S.C. 637).

(5) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011) (15 U.S.C. 637 note).

(6)(i) ___ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582).

(ii) ____ Alternate I (DEC 2010) of 252.225-7001.

(7) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b).

(8) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JAN 2011) (10 U.S.C. 2533b).

(9) ____ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).

(10) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.

2533a).

(11) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(12) )(i) ___ 252.225-7021, Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (SEP 2008)

(iii) ___ Alternate II (DEC 2010) of 252.225-7021.

(13) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C.

2779).

(14) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C.

2755).

(15)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (DEC 2010) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (JUL 2009) of 252.225-7036.

(iii) ___ Alternate II (DEC 2010) of 252.225-7036.

(iv) ___ Alternate III (DEC 2010) of 252.225-7036.

(16) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

(17) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).

(18) ____ 252.227-7015, Technical Data--Commercial Items (MAR 2011) (10 U.S.C. 2320).

(19) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).

(20) ____ 252.232-7003, Electronic Submission of Payment…