RFQ_1204R419Q0019.pdf

SCHEDULE OF ITEMS

Item No.

Sub-item No. Supplies/Services Estimated

Qty Unit Unit Price Amount

1 Ponderosa Pine – natural stand

1.1 Climbing Trees 100 Tree

1.2 Cone Collection 75 Bushel

2 Ponderosa pine- Genetic site

2.1 Climbing Trees 30 Tree

2.2 Cone Collection 15 Bushel

3 Incense Cedar – natural stand

3.1 Climbing Trees 25 Tree

3.2 Cone Collection 15 Bushels

4 Sugar Pine – natural stand

4.1 Climbing Trees 15 Tree

4.2 Cone Collection 15 Bushel

5 Western white pine – natural stand

5.1 Climbing Trees 15 Tree

5.2 Cone Collection 15 Bushel

6 Whitebark pine – natural stand

6.1 Climbing Trees 40 Tree

6.2 Cone collection 15 Bushel

6.3 Caging 40

7 Aerial platform collection

7.1 Per genetic site 4 Site

7.2 Cone collection 25 Bushel

8 Whitebark Pine caging 50 Tree

CONTRACT CLAUSES

The full text of the Federal Acquisition Regulation (FAR) clauses and provisions may be accessed electronically at www.aquisition.gov or http://farsite.hill.af.mil/.

The Following Clauses are Incorporated by Reference:

FAR 52.204-13 -- System for Award Management Maintenance (Oct 2018)

FAR 52.204-18 -- Commercial and Government Entity Code Maintenance (July 2016)

FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Oct 2018)

FAR 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

The Following Clauses are Incorporated by Full Text:

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2018)

(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:

http://www.aquisition.gov/ http://farsite.hill.af.mil/

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

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

4704 and 10 U.S.C. 2402).

___ (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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 (Oct 2018) (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 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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) 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—Subcontracting 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. 657f).

_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).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

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

___ (ii) Alternate I (Feb 1999) of 52.222-26.

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

___ (ii) Alternate I (July 2014) of 52.222-35.

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

___ (ii) Alternate I (July 2014) of 52.222-36.

_X_ (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).

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (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.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (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_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (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.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 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).

___ (50) 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).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (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.

___ (iii) Alternate II (Feb 2006) 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:

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

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (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) (Aug 2018) (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) (E.O. 13658).

_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).

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

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

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

(xiv) 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.)

(xv) 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)

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

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

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

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 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).

(xxi) 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.

(xxii) 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)

FAR 52.216-18 -- Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 15 May 2019 through 14 May 2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

FAR 52.216-19 -- Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $100,000.00;

(2) Any order for a combination of items in excess of $100,000.00; or

(3) A series of orders from the same ordering office within 120 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 4 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

FAR 52.216-21 -- Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 14 May 2025.

(End of Clause)

PERFORMANCE WORK STATEMENT (PWS)

CONIFER TREE CLIMBING AND CONIFER CONE COLLECTION FOR FREMONT WINEMA

NATIONAL FOREST

1.0 INTRODUCTION

The purpose of this solicitation is to secure services for conifer tree climbing and conifer cone collection on the Fremont Winema National Forest. The Schedule of Items reflects the estimated total tree climbing and cone colletion needs for all seven ranger districts located on the Fremont Winema National Forest.

This contract will result in a firm-fixed-price requirements type contract. When work is needed, the Government will issue task orders identifying the period of performance and quantities of services required. The estimated quantity stated in the schedule reflects the approximate need the Fremont Winema National Forest anticipates during the life of the contract. The estimated quantity is not a representation that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Utilization of the requirements contract has been determined to be appropriate for acquiring cone collection needs as the Government anticipates recurring requirements, but cannot predetermine the precise quantities that will be ordered during the contract period.

The scope includes the contractor furnishing all labor, equipment, supervision, transportation, operating supplies, and incidentals in compliance with the contract's terms, specifications and provisions.

1.1 PERIOD OF PERFORMANCE (POP)

The contract’s POP is from 15 May 2019 to 14 May 2024. Task orders issued may have a POP that extends beyond the contract’s POP. FAR clause 52.216-21(f) provides the date that a contractor is no longer required to perform services on issued task orders.

1.2 MINIMUM AND MAXIMUM CONTRACT AMOUNTS

Individual task order limitations are identified in FAR clause 52.216-19.

The contract does not include a guarantee that any task orders will be issued.

The maximum limit of the Contractor’s obligation to perform and the Government’s obligation to order is $250,000.00.

1.3 COMMENCEMENT AND PROSECUTION OF WORK

Task orders will be issued with an estimated POP, identifying the cone crop the Government assumes will be viable. If changes occur to the viability of the cone crop, the Government will issue a modification that updates the POP and/or the cone crop required. The Contractor shall not begin any work until a notice to proceed is received from the Contracting Officer Representative (COR). Once the notice to proceed is received, the Contractor shall be required to:

(a) Commence work under the specified task order within seven (7) calendar days after the date the Contractor receives the notice to proceed from the (COR), and

(b) prosecute the work diligently at the require rate of progress identified in PWS 1.4.

1.4 REQUIRED RATE OF PROGRESS

Do to the uncertainty of cone crops from year to year and from District to District, contract time will be determined for each task order issued, allowing one contract day for 10 trees ordered. Contractor shall be prepared to have multiple task orders issued to them (up to

3) at one time and this will then require the contractor to complete up to a minimum of 30 trees per day. The Government doesn’t necessarily anticipate this happening every year. However, it could happen depending on the Government needs and Mother Nature’s willingness to provide a cone crop.

2.0 PROJECT LOCATIONS

Tree locations, access, and specific information regarding specific collection needs will be specified on each task order. Maps of project locations listing tree locations will be provided to the contractor at the prework meeting or during the administration of the contract at the request of the contractor.

3.0 GOVERNMENT-FURNISHED PROPERTY, SUPPLIES, & SERVICES

The Government will provide the following to the Contractor for use in the performance of task orders.

Item No.

Property Description Qty Date Available

1 Collection Data Sheets with cone collection need specifics. * Provided with Task Order 2 Tree Registers/Maps of collection areas or tree locations with access roads identified. Suggested access for walk-in areas.

* Provide with Task Order

3 Access roads are accessible by two-wheel drive vehicles with chains. Contractor should be aware that some roads may be obstructed by down wood material.

* During administration of contract by COR

4 Access behind locked gates will be permitted by COR discretion and keys will be provided to the contractor by Government.

* During period of cone collection in designated areas.

5 Approved, 2-bushel nylon or burlap cone collection bags, Forest Reproductive Material Identification tags and any other material needed for designation of collected material.

* Provided at district office or cooler.

4.0 ACCESSIBILITY AND USE OF MOTORIZED EQUIPMENT

All cone collection sites are designated Forest Service sites.

Contractor will be responsible for transportation of all equipment and supplies to the cone collection sites and cone collection storage sites, designated by the COR.

Travel on designated closed roads is prohibited except with prior written permission of the CO or COR.

Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer or as provided elsewhere herein.

5.0 TECHNICAL STANDARDS

A. Minimum Contractor Requirements

(a) All flagging, black waterproof pens for use on tags, bushel measuring devices, twine or string to tie off the bags, climbing gear, branch hooks, ladders and cone cutting devices shall be supplied by the contractor.

(b) Not all trees are pruned. Any work of this type done by the Contractor will be considered incidental and no payment will be made.

(c) Some of the trees will require five ladders to climb (50 feet). Ladders need to be readily available to climbers.

(d) No hooks, spurs, or metal spikes shall be used to climb trees except as approved by the COR. The Contracting Officer’s Representative (COR) will authorize any exceptions in writing.

(e) Contractor or Contractor's designated representative will be in the field with the cone collectors at all times.

(f) Contractor shall provide a communications system that adequately allows the contract representative and the contract employees to be in communications at all times while performing the contract in accordance with State regulation OAR 437-06.

(g) Sample and determine quality and maturity of cones to be collected.

(h) Collect, bag, and deliver cones to the base of the tree or upon agreed upon location.

(i) Identify both climbing heights and cone bags with plastic flagging.

(j) Identify bags of cones with cone identification tags.

(k) Provide collection records to the COR on a daily basis.

(l) The Contractor shall assign to this contract the following key personnel: 1- English speaking foreman.

(m) Cones from different stems of multistemmed whitebark pine trees will be labeled and bagged separately. Some of the whitebark pine trees may have wire cages protecting cones. These will need to be removed in order to collect cones.

B. Acceptable Seed Cones

Each tree climbed shall have the cones inspected for soundness and maturity. It is the responsibility of the Contractor to sample cones before collection is made. Cones will be sampled in the following manner:

(1) A minimum of 6 cones will be picked randomly as the tree is climbed. The Contractor will pick 2 cones from the bottom, 2 from the middle, and 2 from the top as sample cones to determine soundness and maturity. The contractor shall tie a ribbon, visible from the ground, in the portion of the crown where the cone samples have been picked.

(2) Cones collected from (1) above will be sliced lengthwise to determine whether they contain an acceptable quantity of exposed, sound seed on one cut face. Minimum average number or percent sound, ripe seed exposed on one cut face of cone shall be:

ponderosa pine 6 seeds incense cedar 2 seeds western white pine 8 seeds whitebark pine 3 seeds

Seed shall be considered sound when the endosperm and embryo are developing normally and there is no evidence of insect, disease, climatic, or other types of damages.

Seed cones shall be mature. Seed cones shall be considered mature when sound seed in them have a hard brown seed coat;

white, solid and nutlike kernel; a uniform cream or yellow colored embryo; the embryo fills 90% of the embryo cavity; and seed can be removed from cone scales without detaching the seed wing.

C. Sampled cones for acceptability.

(1) Each tree will be sampled prior to collection to determine if seed is sound and mature. These sampled cones must be bagged separately and placed at the base of the tree for later review by the Government.

(2) The Government will accept for payment only those mature cones that meet or exceed the specified quality standards.

D. Acceptable cones will be determined as follows:

(1) All seed cones shall be from the current calendar year seed cone crop.

(2) Cone lots shall not be contaminated with needles, twigs, trash or cones of other species. Cones other than the current year's crop will not be acceptable.

(3) Each bag of cones shall be identified with a cone identification tag properly filled out and attached to the outside of the bag. All identification tags shall be attached to bags of cones at the point of collection. Each bag of cones shall be identified with (1) cone identification tag properly filled out. The tags shall then be secured firmly to the outside of the cone bag with twine 4-6 inches from the top of the bag. Only permanent water proof ink will be used to complete the cone identification tags.

(4) Cones that are not properly identified will not be accepted for payment.

(5) Only items 5, 6, 10, and 11 of the cone tag shall be completed by the contractor.

(6) All cones shall be placed in government furnished bags. Bags shall not be filled with more than one bushel.

(7) Bags of collected cones shall be placed at the base of the tree from which they were harvested. The sample cones shall be placed under the bag.

E. Cone Picking Standards

After cones have been sampled and acceptable seed has been found, the cones of the tree shall be picked as follows:

(1) Cone bearing branches shall not be broken or cut to provide cones for sampling.

(2) Cones shall only be collected from the top 2/3 of the live crown.

(3) That portion of the crown located beyond six feet of the trunk when the cone bearing portion of the branch can be manually pulled to within six feet of the trunk with a branch hook.

(4) Cones shall be bagged in the tree. The bags of cones shall be lowered to the ground with a rope, haul line, or other method approved by the COR. Bags of cones shall not be dropped or thrown from the crown of the tree to the ground.

(5) The Government may limit the amount of cones collected per tree, or the number of trees picked in one area to assure good geographic distribution of parent trees and ensure genetic diversity within species of cones collected.

(6) If the COR or designated Inspector is not present when the cones are collected from a specified tree, the Contractor shall tie a piece of flagging in a visible area at the highest point in the tree from which cones were harvested.

(7) The Contractor shall notify the Forest Service of the location of each day's cone-picking activities before work begins.

(8) The Contractor shall complete a collection log each day. The log shall be submitted to the Government the following morning for the previous day's activities at the District office, or at a mutually agreed upon location.

The following information shall be recorded on the collection log:

(1) Collection date

(2) Tree Number

(3) Road System Number

(4) Seed Per Cut Face

(5) Number of Bushels Picked

F. Seed Cone Delivery

(1) The COR or designated inspectors will accept delivery of seed cones at the base of the tree from which they were picked or an agreed upon location.

(2) All bags shall be tied securely shut approximately three (3) inches from the top of the bag. The Contractor is required to furnish a measuring device to ensure no more than one (1) bushel of cones is in any bag.

(3) All cones from each tree will be kept separate from cones of other trees. Mixing will only be done by the Government to ensure identity and source.

G. Cone Identification Tags

The contractor shall fill out the following items on the Forest Reproductive Materials Identification Tag for each bag of cones:

Tree Number or Seed Lot Date of Collection Signature of Collector

H. Administration Of Contract

(1) The COR or designated Inspector(s) will determine when cones on trees have matured and are ready to be picked from the results of the government’s cone survey. The Government within seven (7) days of the Estimated Start Work Date will notify the contractor if there will be a cone crop to be harvested. At the prework meeting, the COR and Contractor will develop a tentative work schedule, beginning at the lower elevations, that will enable the Contractor to proceed with the work on an orderly basis.

(2) The work schedule will be subject to change depending upon maturity of cones, weather, and other unforeseeable factors.

(3) After work has been started, it shall progress in accordance with the established work progress plan while conditions are satisfactory. The COR will be responsible for determining when these conditions exist, cease and start again. The COR will issue written suspend and resume work orders to the Contractor. The Contractor shall resume work within 24 hours after receipt of a resume work notice.

I. Caging – Whitebark pine

The government will identfy trees selected for caging prior to issuing a notice to proceed. Caging requirements range from a minimum of 20 cones per tree to all available acceptable cones on elite whitebark.

Cages will be secured to the branch by bending the cages to enclose the cones.

Care will be taken to prevent any damage to the cones or the associated branches.

6.0 GOVERNMENT QUALITY ASSURANCE PLAN

Inspection and Acceptance will be conducted in accordance with FAR Clause 52.212-4(a) and the following information:

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

(2) Inspection and acceptance will be performed at the job site.

(3) Cone collection inspection will consist of:

(a) Field observations of cone collecting to verify the origin of the cones from trees.

(b) Measuring cones in a standard one-bushel container to the nearest one-quarter bushel for all species.

(c) Inspection of the cones in bags to determine cone cut counts, cone maturity, and contamination with trash and cones of other species. This inspection may take place at the delivery point or at the District office, and may occur after the collection logs are submitted to the Government.

(d) Inspection of the cone collection logs for accuracy, neatness and legibility. Logs with illegible or incorrect information will be subject to contractor correction. Collection logs with errors will not be considered completed work.

(e) By submission of the collection log to the Government, the Contractor is considered to be certifying that the tree climbing and cone collection has been satisfactorily completed.

(4) Unsatisfactory Cone Collections. If the Contractor collects immature, unacceptable quality cones, re-collection will be required when additional cones of acceptable quality are available in the top two-thirds of the trees. If necessary to meet re-collection needs, the Contractor will climb and sample additional adjacent reforestation trees. Re-collection will be done a maximum of one time. Following re-collection, a reinspection will be made.

7.0 MEASUREMENT AND PAYMENT FOR GENERAL CONE COLLECTIONS

A. Payment shall be made in accordance with one of the following:

1. Actual number of trees satisfactorily surveyed;

2. Actual number of trees satisfactorily climbed and sampled; or

3. Actual number of trees climbed, cones collected, cones bagged and delivered to designated delivery point(s), inspected and accepted.

B. Payment for climbing, sampling, and collecting cones meeting the minimum standards will be paid for by the following method:

1. The per tree item price for climbing the tree and sampling the cones, and

2. The per bushel item price for cones collected.

C. No payment will be made for tree climbing or cone picking for any tree not meeting all specifications. Cones from trees not meeting specifications will remain the property of the Government.

D. If rework is necessary, or if the Contractor elects to climb a tree more than once, additional tree climbing or cone picking shall not be paid.

E. Trees surveyed from the ground shall not paid the unit item price per tree.

F. Trees climbed with only cones sampled shall be paid at the per tree item price.

G. When that number of cones are not available on trees required to have “ALL” the cones picked or trees with a specified number of cones to pick less than “ALL”, the following applies:

1. No payment will be made for tree climbing or cone picking if less than 75 percent (0.75) of the cones are picked. Repeated failure to collect 75 percent (0.75) of cones may result in Termination for Cause.

2. No payment will be made where less than the minimum numbers of cones are picked, as specified in the section titled

Quality Assurance Surveillance Plan.

H. For trees required to have a specified number of cones picked less than “ALL” and sufficient cones are available on the tree, payment will be at the unit per tree plus per bushel item price when the specified numbers of cones are picked from the tree.

I. Measuring of the amount of cones picked will be in a standard one (1)-bushel container to the nearest one-fourth (1/4) bushel for all species. One bushel = 8 dry gallons = 9.31 liquid gallons.

7.1 DAMAGE TO “SELECT TREES” OR IMPROVEMENTS

A. Damage to “Select Trees”

A deduction of $600.00 for each “Select Tree” from which seed has been collected or $300.00 for all other Trees will be made for trees damaged through Contractor's fault or negligence.

B. Damage shall be deemed to have occurred when any of the following occurs:

1. Top knocked out.

2. Any injury to the crown, trunk or roots which would reduce the vigor and value of the tree as a seed producer (as determined by the Contracting Officer).

3. The use of hooks, spurs, or metal spikes.

8.0 OTHER ADMINISTRATION

8.1 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). 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 that will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly.

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.

8.2 PREWORK CONFERENCE

(a) A prework conference is required for each task order after the notice to proceed is issued.

(b) Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the prework conference.

8.3 SAFETY

The Contractor shall comply with applicable Washington and Oregon State safety regulations. This includes, but is not limited to, wearing personal protective gear such as tree climbing helmet, gloves, eye protection, and approved climbing gear in proper working condition. When climbing trees and pruning branches in trees contractor’s must use “cable core” lanyards to insure safety.

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 repelling from tree.

Prior to any work commencing on the project the Contractor shall have, in addition to the General Safety Plan, a site specific Communication/Emergency Plan. The site specific plan shall be a document giving location of operations, name and phone number of individuals to call in case of an emergency, phone number of nearest fire department, travel route(s) to project location(s), nearest hospital, and fire rescue and ambulance (EMS). If a gate key is needed, this document shall also include where it can be obtained.

This plan shall be presented and reviewed by all crew members and be available to all crew members at all sites during work periods as well as available to the Government for inspection at any time.

8.4 PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

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

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

6. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

7. The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

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

8.5 LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumen, calcium chloride, silt, or other harmful materials.

Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

8.6 FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

8.7 CERTIFICATION OF COMPLIANCE

Contractor shall certify compliance with specific fire precautionary measures included in the attached Fire Protection and Suppression Forms. The certification shall be made prior to commencement of work and shall be updated if at any time during performance the conditions change. The Government may conduct verification inspections to ensure Contractor's compliance.

8.8 LABOR INTENSIVE SERVICE CONTRACT

This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part

500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

http://www.dol.gov/whd/mspa/index.htm

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC's website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour's website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

8.8.1 DEFINITIONS

a) H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (H-2B worker) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

b) Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis.

i. A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

ii. An overnight absence from the migrant workers permanent place of residence is required.

iii. Members of the contractor's immediate family are not considered migrant or seasonal workers.