2020-CNF-Plants-Surveys-Specs-20200408.doc

Minnesota Shared Services Contracting Unit

Rare Plant Survey

TECHNICAL PROPOSAL/PRICE QUOTES DEADLINE

Your technical proposal and price quotes are due by 2:00 pm, May 14, 2020. Submit by email to:

Clark Bartelt

Contracting Officer

Minnesota Shared Services Contracting Unit

Superior National Forest

8901 Grand Avenue Place

Duluth, MN 55808-1102 clark.a.bartelt@usda.gov Your Price quotes/proposal may be submitted by e-mail.

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Table 1. Bid response to be completed by bidder

ACRES

(2018)

UNIT

PRICE

(per ACRE)

TOTAL

Basis of award

Items will be awarded on a best value basis, as determined by evaluation of contractor technical proposals and bids. Award will be made on a per item basis.

Qualifications of offers

1. Offers may be submitted for any or all items.

2. To avoid being awarded less work than desired within the contract period, offers may be qualified to limit the minimum number of acres that will be accepted. The minimum number of acres I will accept is:

a. June 1-21, 2020 _____________

b. August 7-31, 2020 _____________.

3. To avoid being awarded more work than can be accomplished within the contract period, offers may be qualified to limit the maximum number of acres that will be accepted. The maximum number of acres I will accept is:

a. June 1-21, 2020 _____________

b. August 7-31, 2020 _____________.

Area maps of bid item distribution and vicinity maps displaying stands within bid items are available at the Chippewa National Forest Deer River Office; or may be available electronically. Contact Jeremy Cable (jcable@fs.fed.us; 218-246-3459) for electronic copies of data, including maps, Bid Item Stand Lists (as Excel spreadsheet) and shapefiles of survey stand boundaries.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

The contractor shall furnish all equipment, labor, materials, (except Government furnished property listed in Section G), transportation, supervision, and incidentals necessary to conduct surveys. All contractor equipment must be pre-approved by the government representative, Contracting Officer Representative (COR).

The intent of the project is to delineate and survey specified stands or portions of stands for the presence of Regional Forester Sensitive Species (RFSS) plants and noxious weeds, which are listed on the front of the plant survey form (Attachment A) on the Chippewa National Forest. Results will be used in resource management and land management planning. Technical services are needed to aid in carrying out a sound management program of the biological resources on Chippewa National Forest.

LOCATION AND DESCRIPTION

The contractor shall inventory specified locations for RFSS plants, watch-list species, and noxious weeds in a variety of habitats in areas distributed across the Chippewa National Forest. Bid item locations are depicted on the area maps in Attachment B; stand locations within bid items are depicted on vicinity maps in Attachment C. General stand type composition of bid items is included in Attachment D. Access to bid items varies, but sites are generally accessible within 1 mile by forest road or trail. Some stands may not have road access and may require canoeing, boating, hiking, or wading to the stand through varying habitats. Access to and through some stands may be very difficult; some stands may have significant amounts of blowdown. Contractors should inspect locations before bidding; road conditions and locations may not be accurately reflected on maps. Motorized transport on roads behind US Forest Service gates may not be permitted; the contractor is responsible for requesting well in advance access permission on a case-by-case basis. Contractors are responsible for coordinating and arranging their access to the stands, including making contact with private landowners (if applicable).

TECHNICAL SPECIFICATIONS

For each surveyor/employee, the contractor shall provide GPS units capable of collecting points in the NAD83 datum as well as paint and flagging per specifications described in Section C4.

Data collected, including specimens, digital photographs of specimens, and reports prepared under this contract are the property of the U.S.D.A. Forest Service. Data publication or distribution is prohibited without prior consent of the U.S. Forest Service. The U.S. Forest Service reserves the right to edit any potential publications. The U.S. Forest Service will be acknowledged in any publications using such data.

No plant specimens shall be taken from forest grounds without the appropriate required state and federal permits. Issuance of Forest Service permits requires compliance with National Environmental Policy Act (NEPA). In the event the contractor has been issued the appropriate required state and federal permits, all specimen collections shall be reported to the COR within 24 hours.

Pre-work Conference and Plan of Work: Before any contract work is started, the COR will arrange for a pre-work conference to discuss contract provisions and specifications. The Government will provide additional information, supplies, and forms to the contractor. At this time, the contractor shall present any updates to the written proposed progress schedule and quality control plan for accomplishing the work, and a listing of all surveyors/employees, including pertinent background information (botanical experience and training). The contractor must also display GPS units for each surveyor, which are capable of collecting points in the NAD83 datum; and at least one digital camera with a minimum of 5 megapixel quality. COR approval and acceptance is required prior to commencement of fieldwork.

C.4.

PERFORMANCE REQUIREMENTS

The contractor and all contractor's employees shall be able to navigate to and delineate specified stands using Forest compartment/site maps (example provided [Attachment E]) and aerial photography, be competent with GPS operation, and have the skills necessary to accurately survey for and identify all Chippewa National Forest (CNF) RFSS plant species, noxious weeds, and “Watch List” species (Attachment F).

For each bid item awarded, the contractor shall fully survey entire stands or designated portions of stands as listed (Attachment G). The contractor shall perform the surveys within the required search periods listed for each stand. The time frames for each Bid Item are listed in Section B. The following requirements shall be met in conducting these plant surveys:

I. Timing:

A. Seasonal timing of surveys is defined in the bid item schedule. All surveys must be completed during these specified periods.

II. Survey Procedures:

A.

The contractor shall use the Random Meander search method (Nelson, J.R. 1985. Rare plant surveys: Techniques for impact assessment. Natural Areas Journal 5:18-30) to survey all bid item stands and record locations of RFSS plants. This type of survey requires coverage of all habitat types within the stand, with a concentration in areas where probable habitats of RFSS plants occur. Typical survey intensity should average a maximum accomplishment of approximately 10 acres/hour. Some stands may require more time. Stands that are surveyed at a rate significantly greater than 10 acres/hour may be accepted at the discretion of the COR, based on stand conditions; the contractor must fully describe the stand on the survey form with the supporting rationale for the expedited survey rate.

B.

For each stand surveyed, the contactor shall complete the Plant Survey Form (Attachment A), providing all the information solicited by the form. This includes a detailed description of the general habitat including any microhabitats within the stand, as well as a description of the provided verification points. The time spent by each surveyor completing a survey in a stand must be recorded on the form. Plant Survey Forms produced by contractors must be on the designated color paper used (salmon for 2020).

C.

If a RFSS plant/plant colony is detected, the contractor shall:

1. record a GPS point (using UTMs in the NAD83 datum);

2. use a digital camera (minimum 5 megapixel) to take at least three clear, adequately lit, close-up photographs showing the plant(s) from different angles, to demonstrate the traits of the reported species;

3. take at least one vicinity photograph (minimum 5 megapixel) displaying the habitat conditions at the site.

4. flag the site with a fluorescent pink streamer hung on a nearby tree or branch; detections in wetlands and openings (where trees are absent) require placement of the streamer on a tall stake or tall clumped vegetation, so as to be visible at a distance.

5. place a stake wire flag (at least 15 inch wire and at least 2.5”x 3” flag) within 6 inches of the stem or colony (at least one flag/species in the colony); no stake wire flag at orchid species or Taxus canadensis;

6. place a short piece (1”-2”) of flourescent pink streamer at the base of a representative plant for the positive detection;

7. complete the “Plant Element Occurrence” form (Attachment H).

8. Assign a unique identifier for that location. The Forest Service will provide the unique identifiers (F-codes) to be used on the location forms in sequential order. This identifier number will be used for tracking and communicating between the contractor and COR. Once assigned, the number is permanently attributed to that detection at that location; it is never transferred to a different species or location regardless of the status of the original site (dismissed or verified).

9. Provide in-person or electronically to the COR before the end of the next business day the following: Unique Identifier, detailed directions, digital images containing the RFSS plant and habitat, and correct GPS coordinates for each detection. If this is provided electronically, then the contractor must alert the COR by phone of the detection and electronic submission of data.

10. In the event a rare plant species unknown to occur on the Chippewa National Forest is observed, the contractor shall document, photograph, and inform the COR of the occurance within 24 hours.

All RFSS photographs provided by the contractor are considered collected data and become the property of the U.S.D.A. Forest Service. Failure to comply with the procedures listed above will result in liquidated damages liability (Section F.3).

D.

Contractor is to note the presence of higher priority noxious weeds (as listed on the Plant Survey Form) and “Watch List” species, record the GPS points (using UTMs in the NAD83 datum), and list them on “Plant Survey” form. A brief description of the noxious weed infestation should be provided (e.g. extent and percent coverage).

E.

Contractor’s coverage of survey stands is to include visiting each assigned verification point. One to five points may be placed in a stand depending on size and shape/orientation of the stand. Usually, no more than 4 points are placed per stand. Verification points are selected and provided by Chippewa National Forest in the form of GPS coordinates. All GPS points are UTM coordinates in the NAD83 datum. The contractor shall mark each verification point by flagging and painting a ring around the nearest tree that has a 4 inch Diameter Breast Height (DBH) or greater. The flagging shall be 1 inch wide fluorescent pink flagging, marked in permanent marker with the verification point name, contractor’s name, date, time and surveyor’s name, and providing at least a 12 inch “streamer”. The painted ring shall be fluorescent pink, located between 5 and 7 feet off the ground. The painted ring shall be a minimum of 3 inches wide all the way around the circumference of the tree. The paint and flagging must be of a quality to endure for at least one year.

1. If stand conditions prevent placement of the verification point at the given GPS coordinates (e.g. deep wetland inclusion), the point shall be moved to the nearest possible location. If the new location is less than 200 feet from the given GPS point, the contractor must mark the point as stated above, record the new GPS coordinates, and report the location to the COR at the weekly meeting. If the proposed alternative point is more than 200 feet from the given verification point, the contractor must contact the COR for issuance of a new verification point.

F. During late season surveys, in lieu of marking verification points as previously described, the contractor may retrieve flagging from previous surveys posted at the verification points issued with the bid item. However, contractors are not allowed to retrieve flagging they previously posted, so in such a circumstance, verification points are to be marked and flagged again per C.4.II.E. Flagging that is retrieved must be delivered to the COR in separate, individually labeled packages (e.g. envelopes, plastic bags) for each stand. Package label information must include district, compartment, stand, and the current survey information required for marking verification points (i.e. point names, contractor’s name, date, time and surveyor’s name). Do NOT record information from the retrieved flag on the envelope or bag; information on the envelope/bag must be for the current survey. If flagging is not retrieved or a flag does not include complete verification point information as previously described, then the contractor shall mark and paint the point in accordance with previously stated procedures and standards. Flagging from other points in the stand, which are NOT designated as verification points, need not be retrieved.

III.

Contractor operations:

The contractor shall:

A. Provide the COR with a written work plan schedule; quality control plan, including a self-inspection plan for contractor performance; and list of employees prior to performing field surveys.

B. Report in person to the COR one day each week, at a day and time set by the COR, through the term of the bid item, to submit forms (original or scanned/copied) for all completed stands and detections. The COR will provide feedback regarding contract performance and inspection results. Each failure by contractor to appear at the weekly meeting, unless previously coordinated with and approved by the COR, will result in liquidated damages liability (Section F.3).

C. Establish a means of day-to-day communication with the COR such as a cell phone, telephone with answering machine, or other mechanism, to allow the COR to deliver messages regarding the work related to this contract. All government messages shall be responded to on the next business day before 9AM.

D. Report all the information requested on the Plant Survey Form for each stand surveyed. Contractor must complete all data forms legibly and completely.

E. If contractor wishes to retain copies of datasheets for tracking or as a reference for final survey report, then making those copies is the responsibility of the contractor: government copiers will not be available for this purpose. All copies should be made before submission of datasheets.

F. All RFSS photographs must be provided digitally, such as cd, dvd, jump-drive or file transfer, in .jpg, .jpeg, .tif, or .tiff file format. Each separate RFSS image must include the unique identifier (i.e. “F-number”) in the document title or on the photograph itself as long as it does not affect the clear portrayal of the specimen.

G. All data, original forms, and materials associated with surveys must be completed and submitted to the COR within 1 week of closure of the bid item.

H. Provide a final survey report electronically in a clear, concise format approved by the COR. The final report must be submitted within two weeks of closure of the bid item. The final report shall include:

a. Summary of all stands surveyed for RFSS plants including a detailed stand description for each.

b. Summary of all RFSS, noxious weeds, and “Watch List” plants found, including specific location information (UTMs).

c. Summary of all verification points and stands where changes or problems occurred, including a description of problems and noting changes made.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E.1.

INSPECTION

A. Government will conduct spot checks of all written documentation and field verification points.

1. In the event of discrepancies between government findings and information supplied by the contractor, the contractor will be notified. Prior to acceptance of those items involved in the discrepancy, the contractor shall establish the work was performed as required, to the satisfaction of the government. If requested to do so by the COR, the contractor must relocate any verification point without additional compensation.

2. No payment will be made on work that does not meet performance requirements. No payment will be made on any items in dispute.

3. If completion to standard of inspected work is 75% or less on a per bid item basis, all work will be rejected and no payment for that item will be made.

B. Due to a need for a thorough review of the information provided and work completed, final inspection, review, and acceptance of this project may be delayed by 30 calendar days following the completion date.

E.2.

ACCEPTANCE

Work will be accepted when inspection of a Bid Item is complete, as per specifications in section E.1. The contractor will be notified of acceptance of bid items as inspection work is completed.

SECTION F--DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) 52.242-17 Government Delay of Work (APR 1984)

F.1.

CONTRACT TIME

The Contractor shall be required to (a) commence work under this contract by the earliest date listed on each bid item (listed in the schedule of items) awarded, (b) prosecute the work diligently, and (c) complete all field work by the latest date listed on each bid item awarded, (see below). Contractors are encouraged to become familiar with the location of bid items before work is required to begin. Final reports shall be submitted to the COR within 2 weeks of completion of fieldwork.

F.2.

INCENTIVES

Incentive payments are made for new, unknown RFSS locations within stands contracted for surveys, or in stands immediately adjacent to stands contracted for surveys. The general rate is $40, except for one species. The incentive rate for Taxus canadensis is $20. Incentive rates may change from year-to-year for individual species or groups of species. These rate changes will be stipulated in the task order schedule each year.

Payments will be made once the species identification is verified, and will be limited to ONE location per species per stand, not to exceed 20% of the total Bid Item price.

F.3.

LIQUIDATED DAMAGES

1. Each failure by contractor to appear at the weekly meeting will result in a $256 fixed fee for losses to the government. A phone call or email by the contractor does not substitute for appearance.

2. A $569 fee for flawed performance will be strictly enforced. This will include:

a. faulty or incomplete UTM information for RFSS detections

b. no flagging at positive detection sites where required

c. not placing pin stakes or a small piece of flagging at RFSS plant/colony where required

d. failure to provide four correct and clear photos (digital of at least 5 megapixels) of positive detections.

3. Failure to complete surveys that are the fault of the contractor will result in a fixed fee of $29 per acre for losses to the government.

4. Flawed contractor performance in ordering and reporting of prospective locations may lead to liquidated damages assessments at a rate of $71.00 per hour for time spent by the government making sense of submissions. For example, mixing records on data forms reporting positive locations (e.g. submitting a location but providing the data for a different location on the form).

F.4.

VARIATION IN ESTIMATED QUANTITY. FAR 52.211-18 (Apr 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit- priced item varies by more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party.

The equitable adjustment in the contract price shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled at a date to be negotiated after the date of contract award. The conference will be held at a location to be determined.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

a. ** Site maps (1 copy of each map; maps may contain more than one survey site).

b. ** Survey report forms: Plant Survey Forms, Plant Element Occurrence Forms, Wildlife Observation forms (for miscellaneous observations).

c. Depending on compatibility and availability, GPS points may be directly uploaded to contractor’s GPS equipment from Chippewa National Forest computers. It remains the contractor’s responsibility to assure correct verification points and their coordinates are transmitted for the bid item.

d. Shapefiles of survey stands and verification points may be available directly from Chippewa National Forest or from an on-line data-sharing site or using a jump drive, if available.

** These GFP items shall be returned to the Deer River CNF office during business hours within 3 days of completion of field work.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: (To be identified in proposals)

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.2

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.

H.3 Camping Provisions for Labor Intensive Contracts

The following provisions apply to all camping on National Forest lands during performance of this contract:

1. These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.

2. Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

3. The campsite will not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.

4. The campsite shall have a clean appearance at all times.

5. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

7. Damaging or removing any natural feature or other property of the Forest Service is prohibited.

8. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

9. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

10. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes.

11. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

12. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodants.

13. Basic first aid supplies shall be maintained, available and under the charge of a person trained to administer first aid. The supplies shall include:

a. Gauze pads (at least 4x4 inches)

b. Two large gauze pads (at least 8x10 inches)

c. Box adhesive bandages (band-aids)

d. One package of gauze roller bandage at least 2 inches wide

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

k. Resuscitation device such as resuscitation bag, airway, or pocket mask

14. Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

15. Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

16. The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

17. The contractor shall comply with the following fire regulations during fire season:

a. A shovel, axe or pulaski, 10 quart pail which is full of water for immediate use and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

b. All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

c. All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

d. All fuel will be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

18. Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.

19. The Forest Service reserves the right to terminate a camping permit at any time.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)

52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)

52.215-2 Audit and Records -- Negotiation (JUN 1999)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003)

52.219-8 Utilization of Small Business Concerns (MAY 2004) Alternate II (Oct 2001)

52.219-14 Limitations on Subcontracting (DEC 1996)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006)

52.227-1 Authorization and Consent (JUL 1995)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (AUG 1996)

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.232-1 Payments (APR 84)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-17 Interest (JUN 1996)

52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2003)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-13 Bankruptcy (JUL 1995)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2007) 52.245-1 Property Records (JUN 2007) 52.245-1 Government Property (JUN 2007) 52.246-25 Limitation of Liability—Services (FEB 1997)

52.248-1 Value Engineering (FEB 2000)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

52.204-7 Central Contractor Registration (JUL 2006)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

52.222-39 Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees (Dec 2004)

(a) Definition. As used in this clause-

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that-

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall-

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

FAR 52.246-20 Warranty of Services (MAY 2001)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance by the Government. This notice shall state either--

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make…