Sol_Q0212_VegCollection_SF1449.doc

12034318Q0212 White Pine Pollen/Vegetation Collection Nez Perce Clearwater National Forest

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3.AWARD/EFFECTIVE DATE

12034318Q0212

6. SOLICITATION ISSUE

DATE

05/29/2018

Lori Braley, Contracting Officer Clare Brick, Technical Contact

b. TELEPHONE NUMBER (No collect calls)

208-765-7273 208-963-4208

8. OFFER DUE DATE/

LOCAL TIME

06/11/2018

9. ISSUED BY CODE |

USDA Forest Service

10. THIS ACQUISITION IS

[ ] UNRESTRICTED

[ X ] SET ASIDE 100 % FOR

[ ] EMERGING SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

[ ] SEE SCHEDULE

12. DISCOUNT TERMS

ORDER UNDER DPAS (15 CFR 700

3815 Schreiber Way

Coeur d Alene ID 83815

[ ] HUBZONE SMALL BUSINESS

[ ] SERVICE DISABLED VETERAN-OWNED SMALL BUSINESS

[ ]8(A)

13B. RATING

NAICS: 113210

SIZE STANDARD: $11.0

14. METHOD OF SOLICATION

[X]RFQ [ ] IFB [ ] RFP

Idaho Panhandle National Forests FAX 208 765-7229 3815 Schreiber Way

Coeur d Alene ID 83815

FACILITY

CODE

TELEPHONE NO. DUNS #

E-Mail Address: ________________________ FAX NO.

INVOICE PROCESSING PLATFORM IPP

All invoices must be submitted electronically through the invoice processing platform ipp via: www.ipp.gov

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Collect pollen, cones, and scion from selected TI Whitebark Pine (WBP), and white pine (WP) trees, and TI work at the Lenore Tree Improvement Area (TIA).

Insert pricing in the Schedule of Items on Page 2

Instructions to Offerors, page 17.

NOTE: Offerors must registered in the System for Award Management (SAM), including FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (Mar 2016) https://www.sam.gov, See page 23.

25. ACCOUNTING AND APPROPRIATION DATA

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

[ X ] 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. [ X ] ARE [ ] 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

[X[ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 Copy 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 [ ] 29. AWARD OF CONTRACT: REFERENCE OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH A11

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

White Pine Pollen Collection Project

Nez Perce - Clearwater National Forests Idaho County, Idaho

SCHEDULE OF ITEMS: Whitebark Pine Pollen Collection

ITEM

NO.

UNIT

(each)

UNIT

PRICE

DEFINITIONS:

WP – Western White Pine

Quantity: Actual quantities will be specified at the time of award and are dependent on budgets, physiological development of plant materials, and availability of Government personnel to administer this work.

The Unit Tree Price will be paid for each tree located, climbed and collected from.

The No-Climbing Price will be paid for each tree that was reasonably searched for and not found, or was found but not climbed, due to no pollen, no cones, or other reasons. Trees may be removed from the list of trees to collect from by the Forest Service contact person, before any effort is expended, with no price paid.

Prices Submitted By:

Email:

One award will be made. Offer of award will be made to the Quoter whose quote, as determined by the Contracting Officer, provides the best value to the Government, considering but not limited to, such factors as price, past performance, and experience of key personnel to accomplish this type of work.

CONTRACT CLAUSES

CONTRACT CLAUSES INCORPORATED BY REFERENCE

FAR 52.252-2 Clauses Incorporated by Reference. (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

Federal Acquisition Regulations https://www.acquisition.gov/?q=browsefar

Agriculture Acquisition Regulations www.usda.gov/procurement/policy/agar.html

FAR 52.212-4

Contract Terms and Conditions – Commercial Items (JAN 2017)

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (JAN 2017) FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (JAN 2017) FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2017)

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

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

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

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

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

__ (13) [Reserved]

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jan 2017) of 52.219-9.

__ (v) Alternate IV (Jan 2017) of 52.219-9.

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

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

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

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

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

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

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (DEC 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

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

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

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

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(ix) 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.

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

(xi)

52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

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

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

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (DEC 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 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.

(End of clause)

PERFORMANCE WORK STATEMENT

Scope of Contract: Work consists of monitoring and collecting pollen on the Nez Perce-Clearwater National Forest. The work will take place in White Pine plus trees that have previously been identified. The heights of the trees to be climbed are between 60-125 feet. The Contractor shall furnish all labor, transportation, supplies (other than Government Furnished), supervision, and incidentals necessary to perform all work safely and within the specifications. Trees may be removed from the list of trees to collect from by the Forest Service contact person, before any effort is expended, with no price paid.

The pollen work shall begin Early June 2018 and proceed till completion.

The Contractor will contact this contact person during business hours, at least 2 days in advance to schedule collection:

North Zone and Central – Myles Polk, 208-476-8308

Location and Description: The work sites are located on the North Fork and old Pierce Ranger Districts of the Nez Perce-Clearwater National Forest. The areas for collecting pollen are accessible by 4-wheel drive vehicle. An estimated two thirds of the trees for climbing and collecting are within 200 feet of the road. The remaining one third of the trees may be up to 1000 feet from the road.

Government-Furnished Materials

The property that will be provided by the Government is as follows:

Maps

TECHNICAL SPECIFICATIONS

Pollen Collection: Pollen shall be collected during late spring and early summer. Pollen from different elevations and locations ripens at different times throughout the spring/summer. Successful collection shall require good communication and rapid response from the Contractor. The Contractor shall be responsible to monitor trees for signs of ripening. Collect pollen from identified trees; a minimum of two bags and a maximum of four bags per tree. There is a separate document that contains a list of potential white pine trees for pollen collection (Spreadsheet with Tree Location and Collection Information). A final list of trees to collect from will be provided at the time of award. These trees have been previously identified by the government, each tree has GPS coordinates in latitude and longitude. These coordinates can be entered into a GPS receiver to navigate to the tree. The contractor shall provide their own transportation, climbing and collecting equipment. The Forest Service may/will assist the contractor in locating the trees, then make a determination if the tree will be climbed and collected from or not. If the tree is difficult to locate the Forest Service might spend up to 1 hour to locate the tree. If no inspector is on site during the climb a piece of flagging will be hung in the crown where the collection has been made. The color of flagging will be determined by the COR at the pre-work.

a) Record as much pollen identification information on the outside of the bags ahead of time, to speed up actual field collections.

b) Monitor catkins for signs of ripening; be aware that you have ~ 36 hours to collect mature pollen before pollen flight. Things to keep in mind:

Catkins turn from green to yellow in white pine.

Trees ripen from the bottom up

Generally pollen is produced in the bottom of the live crown

Need to perform squeeze test (squeeze a catkin between thumb and finger, if liquid is yellow and/or cloudy, the pollen is not ripe. If the liquid is clear, pick the catkins).

If the target elite tree is already shedding pollen, it is too late to collect uncontaminated samples that field season. If near neighbors are shedding pollen, you may still proceed with pollen collection of your target tree as long as it is not shedding pollen at the same time.

c) Place catkins in paper lunch bags or pollen bags. Seal seams with tape to avoid contamination with other pollen collections. Collect a minimum of 2 bags to a maximum of 4 bags of catkins per tree and do the following;

Fill bags 1/2 to 2/3 full with catkins only--NO NEEDLES

Double fold the top of the bag shut and staple closed. Do not fold bags so far down that the catkins are packed together with no "breathing room." Seal the stapled fold with tape.

d) Record collection and identification information with a waterproof marker.

Record the following information on the bag:

Collection Date _____/_____/_____

Species Code WP for Breeding Orchard

TWN______ RNG______ SEC______ ELEV________ [From list of Trees]

Cycle Number_________________ [From list of Trees]

Tree Number________________ [From list of Trees]

Collected by_____________________________________

Bag ____ of ___

e) Sterilize all collection tools (clippers) and hands with rubbing alcohol between each tree collection to minimize pollen contamination. Surgical gloves are recommended for hands in lieu of repeated skin contact with alcohol.

f) The COR or Inspector will accept delivery of the collected material at the end of the day and at the location mutually agreed upon in writing by the COR and the Contractor.

Any designated tree the Contractor declares unsafe to climb shall be reported to the COR, specifying the reason the tree is not safe to climb, including the nature and location of the hazard. The COR will designate, verbally or in writing, an acceptable substitute tree or delete the tree from the Task Order.

Pollen Delivery: The COR or Inspector will accept delivery of the collected material at the location mutually agreed upon in writing by the COR and the Contractor.

INSPECTION AND ACCEPTANCE

(a) Inspections will consist of field observations of tree climbing and visual inspections of materials collected to verify compliance with contract terms. The Contracting Officer’s Representative (COR) or a designated Inspector shall inspect each delivered bag of scion and pollen for compliance with the specifications.

(b) Acceptance will be based on 100 percent visual inspection for adherence to the specifications. If inspection shows unacceptable work, the Contractor will be required to correct deficiencies in order to comply with specifications. If COR determines work is correctable, the Contractor will be required to rework.

Contractor Quality Control Inspection: The Contractor is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.

Quality Assurance Inspections:

(a) The Government will perform periodic review of the Contractor's Quality Control Procedures, Plan, Inspection Reports, and customer comments.

(b) Quality Assurance Inspections will be made by random sampling or entire inspection of the work, and follow up of customer comments. When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor.

(c) Periodic means one (1) review each month, but may be done more frequently if necessary.

(d) Work that does not meet the contract requirements will be brought to the Contractor's attention. Repetitive or continuous failure to meet contract requirements may result in a quality adjustment to payment or the Contractor's right to proceed may be terminated.

CONTRACT ADMINISTRATION DATA

Work Orders: Specific work will be ordered by work order. The work order may be initially issued orally, but shall be documented in writing. Facsimile orders are acceptable if followed with original signed acknowledgement. Work Orders will be issued by the Contracting Officer Representative or other warranted procurement official in the Forest Supervisor’s Office, Coeur d’Alene, Idaho. Additional work orders may be issued throughout the work season, as needed.

Notice to Proceed.

A Notice to Proceed will be issued in writing by the Contracting Officer. No work shall begin until receipt of this notice. Supplies should not be purchased prior to the Notice to Proceed or the Contractor will not be reimbursed in the case of a termination of the contract. Contract time shall commence on the day indicated on the Notice to Proceed.

Notification of Subcontracting.

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A.

The name, address and telephone number of the subcontractor.

B.

The date upon which the subcontract was entered into and its duration.

C.

A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D.

Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Certain contract clauses are required to be in any subcontracting agreement under this contract. Request a subcontracting form from the CO to provide documentation that terms and conditions are provided to the subcontractor.

Payments.

Invoices must be submitted through IPP, or the Invoice Processing Platform. IPP is a secure Government-wide, web-based invoice processing service. Visit http://www.ipp.gov to learn more. Upon award of a contract, Contractors must enroll at www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

Designation of Contracting Officer’s Representative.

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The 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 Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of 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 task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. 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 Contracting Officer 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.

SAFETY AND WORKSITE CONDITIONS

Tree Climbing Standards:

a) The Contractor shall take all precautions necessary to prevent excessive damage to trees. The Contractor shall provide all personal protection and tree climbing equipment, and a collapsible pole or branch hook for pulling the branches toward them to reach the material. Living branches shall not be deliberately broken, barked, or cut nor shall tree trunks be skinned or peeled to cause excessive damage to the cambium. If the COR determines that excessive damage is occurring, the Contractor’s right to proceed will be suspended until the proper corrections have been made. Rappelling out of the crown is allowed.

b) Contractor assumes all risks of loss or damage to his/her equipment and injury to self or employees, and will hold and save the Government and its employees harmless from liability of any nature or kind resulting from performance of this contract, except for negligent acts of Government employees.

Camping and Worksite Conditions: The Contractor shall obtain a camping permit from the District Office where the work is being performed on, prior to camping on Forest Service land. Final payment shall be withheld until the authorized camping areas have been cleaned up to the requirements of the Camping Permit

Crew Safety: The Contractor shall comply with the safety requirements of the Forest Service Safety and Health Program Handbook (FSH 6709.12), the National Tree Climbing Guide and, FSH 6709.11 (See Section J, Exhibit C), Health and Safety Code Handbook, section 22.49. At the request of the Contractor, alternate procedures may be approved by the Contracting Officer that meet the intent of Forest Service safety requirements, but differ in actual practice. The Forest Service National Tree Climbing Guide (Technical Report 0567-2819-MTDC, March, 2005, may be found at:

http://www.fs.fed.us/treeclimbing/policy/guide/tree-climbing-field-guide-2005-edition.pdf

a) The Contractor shall follow all Federal, State, and local safety laws and regulations applicable to the contract work to be performed.

b) The Contractor shall:

a) Provide a statement of technical capability and the number of years the Contractor has performed tree climbing work.

b) Document the qualifications or skill level of individual personnel who will execute the provisions of the contract.

c) Specify the techniques and safety practices planned and/or equipment to be used for the contract.

d) Utilize safety practices for safe climbing, rescue and emergency communications.

Safety Plan: Contractor shall provide a written, job-specific safety plan for the inherently hazardous conditions that exist during Tree Climbing and Cone Collection prior to beginning work.

The safety plan shall include and address:

· A statement of technical capability and the number of years the contractor has performed tree climbing work.

· Documented qualifications or skill level of individual personnel assigned to the work.

· List of emergency phone numbers (work, home) for each person in field.

· Specify the techniques and safety practices planned and/or equipment to be used for this contract.

· Inherently hazardous conditions that could lead to serious injury or loss of life include: tree conditions, small animals in trees, bees in trees, falling branches, wind speed and equipment hanging up in tree and/or falling when rappelling from tree.

· Only qualified tree climbers climb trees, and must have one other person on site.

· No climbing in the rain or if bark is wet.

· Safety of general public or USFS personnel in the work area.

· The Contractor shall comply with the safety requirements of the National Tree Climbing Guide. At the request of the Contractor, alternate procedures may be approved by the Contracting Officer that meet the intent of Forest Service safety requirements, but differ in actual practice.

· The contractor shall follow all Federal, State, and local safety laws and regulations applicable to the contract work to be performed including FSH 6709.11, Health and Safety Code Handbook, 22-49 Tree Climbing.

Loss, Damage, or Destruction: Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment. All claims arising under this clause shall be submitted to the Contracting Officer.

Fire Control:

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from firefighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(5) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(6) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(7) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

Landscape Preservation.

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material, which falls outside of these limits, shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

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

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

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

Permits and Responsibilities (NOV 1991) The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

The following attachments are a part of this solicitation and any resulting contract (see separate document(s)).

Contract Documents, Exhibits or Attachments

FY 18 WP Plus Tree Pollen Collection Location Information

Wage Determination, 1995-0228, Rev. 5, dated 04/13/2018

State of Idaho Certificate of Verification of Worker’s Compensation Insurance (4 pages)

Experience Form (2 pages)

INSTRUCTIONS TO QUOTERS

Submit The Following As Your Quote:

1. SF1449-signed (page 1 of solicitation package).

2. Schedule of Items (page 2 of solicitation package).

3. Experience Questionnaire form.

4. State of Idaho Certificate of Workers’ Compensation Insurance Form (attachment).

5. Contractor must be registered in SAM https://www.sam.gov (See FAR Clause 52.212-3).

Quotations may be mailed to the address in Block 9 on page 1, or emailed to lbraley@fs.fed.us .

SYSTEM FOR AWARD MANAGEMENT (SAM)

Registration is required with the System for Award Management (SAM) formerly known as the Central Contractor Registry (CCR) prior to receipt of order, pursuant to FAR 4.1102 and other applicable regulations and guidelines.

Information can be found at https://www.sam.gov formerly found at www.ccr.gov. The System for Award Management

(SAM) is a Federal Government owned and operated free web site that consolidates the capabilities in CCR/FedReg, ORCA, and EPLS.

The System for Award Management (SAM) is a Federal Government owned and operated free web site that consolidates the capabilities in CCR/FedReg, ORCA, and EPLS. Contractors are required to be registered in System for Automated Processes (SAM) via https://www.acquisition.gov Questions concerning registrations, certifications or assistance with preparing quotes, should be addressed to the Procurement Technical Assistance Center (PTAC). http://www.aptac-us.org/new/ PTAC contact in Boise, Idaho, Lee Velten at (208) 334-2650 ext 2123.

EVALUATION FACTORS FOR AWARD

FAR 52.212-2 Evaluation—Commercial Items. (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors listed in no particular order of importance shall be used to evaluate offers:

1. List of references for relevant past performance.

2. Key personnel/operators job experience

4. Price.

AWARD DETERMINATION

One award will be made. Offer of award will be made to the Quoter whose quote, as determined by the Contracting Officer, provides the best value to the Government, considering but not limited to, such factors as price, past performance, and experience of key personnel to accomplish this type of work Award may be made without further discussions. Quotes shall be submitted initially on the most favorable terms, from a price and technical standpoint, which the quoter can submit to the Government.

In order to be eligible for a contract award under this solicitation, you must be actively registered in the System for Award Management (SAM) upon award of contract.