TAC-AG-0116-S-14-0004.doc

ADDENDA SHEET

TONGASS ADVISORY COMMITTEE MEETING MANAGEMENT & FACILITATION

OF

UNDER DPAS (15 CFR 700)

FORMCHECKBOX

NEGOTIATED (RFP)

USDA TONGASS NATIONAL FOREST (TNF)

FEDERAL BLDG., CONTRACTING OFFICE

648 MISSION STREET

KETCHIKAN, ALASKA 99901

USDA TONGASS NATIONAL FOREST (TNF)

FEDERAL BLDG., CONTRACTING OFFICE

648 MISSION STREET

KETCHIKAN, ALASKA 99901

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

(Hour)

(Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

11. TABLE OF CONTENTS

OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

(See Section I, Clause No. 52-232-8)

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated:

15A.

NAME AND ADDRESS

OF OFFEROR

CODE

FACILITY

OFFER (Type or Print)

15B. TELEPHONE NO. (Include area code and extension)

18. OFFER DATE

IS DIFFERENT FROM ABOVE - ENTER

FORMCHECKBOX

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

FORMCHECKBOX

10 U.S.C. 2304 (c) (

FORMCHECKBOX

41 U.S.C. 253(c) (

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

B.1 PRICING SCHEDULE

The Offeror shall provide Labor Hours and Labor Categories under CLIN 0002. The Offeror shall provide fully loaded labor rates to be used for billing under this contract. The contractor shall invoice monthly in arrears.

PRICE

TOTAL

COMMITTEE MEETING

MANAGEMENT AND

FACILITATION

LABOR CATEGORIES

Option to Extend 12 months

S

Base Bid Total

ONLY EMAIL PROPOSALS WILL BE ACCEPTED.

BE ACCEPTED TO EMAIL

ADDRESS: sherilsmith@fs.fed.us Email proposals must be received

No later than 2:00 PM Alaska Time

Zone on 24 March 2014.

FOB: DESTINATION

B.2 GENERAL DESCRIPTION

The Contractor shall provide the personnel and services necessary to perform the effort described in Section C, the Statement of Work (SOW) dated February 12, 2014 resulting from this Request for Proposal No. AG-0116-S-14-0004. A Firm-Fixed Price (FFP) single contract will be awarded for this effort to one Offeror. All inquiries regarding this procurement must be submitted to the Contracting Officer via email at sherilsmith@fs.fed.us.

B.3 PERIOD OF PERFORMANCE

The period of performance will be for twelve months. The Contractor shall commence work immediately upon notice of award. *Note: The actual dates of the Period of Performance will be entered at the time of award.

B.4 VENDOR INFORMATION

Info Below requested to ensure payment info on record is accurate in the interest of preventing any delays in the distribution of any payments.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Tongass Advisory Committee Meeting Management and Facilitation

February 12, 2014

C.1 Introduction:

The Tongass Advisory Committee (committee) is established under the authority of the Secretary of Agriculture in accordance with the provisions of the Federal Advisory Committee Act as amended, 5 U.S.C. App. 2. This project requires meeting management and facilitation services to assist the committee in providing advice and recommendations to develop an ecologically, socially, and economically sustainable forest management strategy on the Tongass National Forest, with an emphasis on harvesting young growth timber. Recommendations and advice may directly inform modification of the 2008 Tongass Land Management Plan.

C.2 Background:

The 2008 Tongass Forest Plan Amendment (2008 Forest Plan) focused on five issues as directed by the Courts after years of litigation. None of these issues were young growth timber volume related but more focused on how the Forest Service estimated timber demand and accounted for resource impacts. As a result of the 2008 Forest Plan decision, nearly half of the existing young growth timber stands reside in Land Use Designations (LUDs) that do not allow for commercial timber harvest. These designations were made to address other resource needs (e.g., wildlife habitat, old growth conservation strategies, and visuals) while old growth timber was harvested in both the roaded and unroaded portions of the Tongass.

Today, by direction of the Secretary of Agriculture (July 2, 2013), the Forest Service has been directed to transition to young growth timber more rapidly than considered in the 2008 Forest Plan. The Forest Service has committed to transitioning to a predominantly young growth-based timber program on the Tongass within 10-15 years. Because the existing Tongass Land Management Plan does not reflect that goal, it needs to be amended to address young growth opportunities.

Through a Forest Plan amendment, the LUDs where commercial timber harvest is not allowed and where young growth timber stands exist, could be changed to increase the potential supply of young growth timber volume.

The Tongass is establishing a committee under the Federal Advisory Committee Act (FACA) that will reflect a diverse group of stakeholders and provide an opportunity for public ownership and involvement in this process. The forest and the Alaska Region are committed to a transparent, inclusive, and collaborative path forward with clear timelines for action; establishing a FACA committee will help to meet that commitment.

The Tongass Advisory Committee will be asked to identify potential adjustments to the current Forest Plan in support of USDA’s effort to transition the Tongass from a timber program focused on old growth to one based primarily on young growth. The Committee will work in parallel with a Forest Service interdisciplinary team that is focused on the larger forest plan amendment. The Tongass Advisory Committee (TAC) will be solely advisory in nature and will conduct its activities in an open, transparent, and accessible manner.

C.3 Project Description:

The committee will be fairly balanced in its membership in terms of the points of view represented and the functions to be performed. The committee will be comprised of not more than 15 members. The members appointed to the committee will be knowledgeable of ecological, social, and economic issues impacting Southeast Alaska, while providing a balanced and broad representation within the following interests:

i. Federally Recognized Tribes, Alaska Native Organizations and/or Alaska

Native Corporation representatives;

ii. National or regional environmental and/or conservation organizations;

iii. Timber industry representatives

iv. Federal, State and local government representatives; and

v. Other commercial users, those holding land use permits or the public at large.

The committee will be asked to perform the following duties or other requests made by the Secretary or Chief:

a) As necessary and appropriate, identify the key elements to be considered for a potential Forest Plan modification assuming young growth is the focus of vegetation management in the future, while recognizing and balancing the other unique and equally important resource values of the Tongass, such as tourism, recreation, fishing, subsistence and renewable energy.

b) Offer recommendations on the suitable and available land base for developing an ecologically, socially and economically sustainable forest management program on the Tongass National Forest with emphasis on young growth management. Considerations include standards and guides and land use designations for a future modification of the Tongass Land Management Plan.

c) Provide advice on how to speed the shift from predominately old growth management to predominately young growth management, in a way that is economically viable for the existing industry. This may include consideration of options for managing stands.

d) Offer advice on opportunities to work cooperatively with other landowners on an all lands young growth forest management strategy.

C.4 Term of Contract: The majority of the work of the committee should be completed between June of 2014 and May of 2015. (Starting date is dependent on date of official chartering by the Secretary of Agriculture.) For the first six to nine months, the committee may meet as frequently as each month, possibly for several days at a time. The TAC is being chartered for two years, and it is expected that some work will remain after the initial one year effort.

In addition to the main committee, the Forest Service has the authority to create subcommittees. Subcommittees must report back to the parent committee, and must not provide advice or work products directly to the Agency.

The Deputy Forest Supervisor for the Tongass National Forest will serve as the Acting DFO. The DFO will approve or call the advisory committee and subcommittees’ meetings, prepare and approve all meeting agendas, attend all committee and subcommittee meetings, adjourn any meeting when the DFO determines adjournment to be in the public interest, and chair meetings when directed to do so by the official to whom the advisory committee reports.

Full meetings management, facilitation, and note taking tasks, as discussed below, are required for all full and subcommittee meetings.

Personnel should have adequate, appropriate, and relevant expertise, experience, qualifications, and availability of key professional and technical staff with a project of similar size, scope, and complexity. Contractor must demonstrate that the proposed key personnel and other staff have sufficient expertise related to the project. It is estimated that no less the initial committee efforts will require no less than 10-12 weeks of work for 2-3 full time employees, including preparation and on-site meeting time.

C.5 Applicable Documents:

Federal Advisory Committee Act - Federal Advisory Committee Act Secretary’s Memo “Addressing Sustainable Forestry in Southeast Alaska” - Secretary's Memo General Records Schedule 26, Item 2

Freedom of Information Act, 5 U.S.C. 552

C.6 Technical Requirements:

Task 1: Assessment: Contractor shall conduct a round of interviews with the selected FACA committee members (15 stakeholder interviews) and the Forest Service Designated Federal Official (DFO) and other Forest Service staff (3 Forest Service staff interviews) for a minimum of 18 interviews. This assessment will assist the FACA committee in setting the operating protocols and scope of the tasks of the committee for the first year. Desired goal for the assessment include:

· Explore stakeholder interests in timber harvest and forest planning as well as interests and ideas for governance and structure of the FACA committee

· Determine individual goals for being on the FACA committee and overarching goals for the committee itself

· Identify areas of common ground and challenges the FACA committee may need to address in the coming year

Contractor will prepare a written summary report for release prior to the first FACA committee meeting and a presentation to be given at the first FACA committee meeting, date yet to be determined.

Task 2: Team Building – the contractor will administer and utilize personality and team building assessment tools at the onset of committee meetings, and employ that learning throughout the committee lifespan. Conflict resolution techniques will be utilized to assist in moving the committee past impasse and toward agreement.

Task 3: Meeting Management and Preparation: Contractor shall work with FACA committee members, the Forest Service Committee Coordinator and DFO to prepare for each meeting of the FACA committee to ensure meeting logistics are met. This includes:

· Schedule and coordination of meeting dates.

· Finding accessible meeting space and access for virtual participation

· Providing necessary equipment such as LCD projectors, computers, easel paper, markers, etc.

· Providing Name tags/Name tents for each meeting.

· Assist with Room setup for the meeting, including table/chair arrangements and audio/visual equipment if needed (Forest Service is responsible for the cost of AV equipment rental, but Contractor shall look at options most suitable for the meetings and handle setup the day of the meeting.)

· Preparation of meeting agendas

· Iidentify pre-work for committee members in advance of meetings and distribute information and materials among stakeholders.

· Ongoing communication with committee members in between meetings to identify and work through issues as they arise

· Arrangements must comply with all applicable federal meting requirements for accessibility.

Task 4: Meeting Facilitation – the contractor will provide all aspects of meeting facilitation for full and sub-committee meetings, including but not limited to:

Assisting the DFO, Committee Chair and Committee Coordinator in the development of meeting agendas and objectives,

· Work with the FACA committee to reach agreement on meeting protocols and governance structure.

· Provide neutral facilitation of the FACA committee meetings that allows for productive conversation and a diverse amount of viewpoints to be heard, and which move the FACA committee forward to meet their goals.

· Motivates individuals and groups to maintain or intensify their commitment to the methodology, process, and goals.

· Identifies the key issues in conflict, assesses environmental conditions, and evaluates alternatives.

· Provide note-taking at each FACA committee meeting.

· Provide a draft meeting summary to designated representatives of the FACA committee (e.g. DFO, co-chairs if the committee decides it is their role to review summary) within one week after the meeting.

Task 5: Record Keeping – The records of this Committee, formally and informally established subcommittees, or other subgroups of the committee, shall be handled in accordance with General Records Schedule 26, Item 2 or other approved agency records disposition schedule, including providing a complete record of emails, deliberative documents and other documentation on Planning Rule FACA Committee that the facilitator is involved with. There is no requirement that oral communication between a facilitator and an individual advisory committee member be memorialized in writing. However, email communications between the facilitator and advisory committee members are agency records, and must be forwarded on to the Forest Service in order to become the committee’s official records. These records shall be available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. 552.

Contractor is also responsible for:

· Assisting Forest Service with tracking handouts received from the public and making them a part of the Committee record.

· Maintaining agendas, , meeting summaries, testimony, one copy each of any committee reports, studies, and other publications produced by or for the committee as well as news releases, committee members' speeches, and other significant public affairs files

· Maintaining correspondence (including email) initiated by or addressed to the committee regarding official committee business in hardcopy form.

· Leading the committee in the development of a shared set of ‘key messages’ at each meeting close, to ensure consistent and agreed upon information sharing after each meeting. These messages will be available for internal agency and public usage.

· Providing summary and full reports at the culmination of significant accomplishments, such as narratives to accompany a Land Use Designation Map, drafts of suggested alternatives and committee proposals, and other committee outputs.

Task 6: Agency Interaction - The contractor must work cooperatively with agency leadership (such as the DFO and Committee Coordinator) throughout this effort, communicating needs, concerns, and suggesting strategies for success. Committee coordination services will be provided by the Tongass National Forest and Alaska Region, who will also provide significant technical support to the committee to assure members have access to appropriate and relevant data as needed. Some clerical and administrative support will be provided by the Forest Service.

Facilities/Resources/IT Security

Adequate, appropriate facilities and resources dedicated to the project and security against catastrophic loss of data or software will be required.

Capability Statement / Information Sought

Interested parties are expected to review this notice to familiarize itself with the requirements of this project. Respondents must provide, as part of their responses, clear and convincing documentation of their capability of providing the services specified in this notice. Respondents must provide a general overview of the respondent’s opinions about the difficulty and / or feasibility of the potential requirement, and any information regarding innovative ideas or concepts. Detail information regarding the respondent’s (a) staff expertise, including their availability, experience, and formal and other training; (b) current in-house capability to perform the work; (c) prior completed projects of similar nature (d) corporate experience and management capability; and (e) examples of prior completed Government contracts, references, and other related information. Failure to do so will be at your firm’s own risk.

The response must be in Microsoft Word or Adobe PDF format using 12-point font, 8-1/2” x 11” paper size, with 1”top, bottom, left and right margins, single spacing with a 25 page limit. The respondent must provide their DUNS number, company name, address, point of contact phone and email address, type of company, and size of company. Only electronic responses via email will be accepted. Facsimile responses and telephone inquiries will not be accepted.

Disclaimer

The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization’s qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. After review of the responses received, a pre-solicitation synopsis and solicitation may be published on the Federal Business Opportunities website. However, responses to this notice will not be considered adequate responses to a solicitation. Confidential, proprietary, classified, confidential, or sensitive information should NOT be included in your response. The Government reserves the right to use any non-proprietary technical information in any resultant solicitation.

SECTION D--PACKAGING AND MARKING

D.1 Project Labeling for Official Correspondence

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 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.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

E.2 INSPECTION

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.

E.3 Contractor Quality Control Plan

(a) Quality Control Plan. The Contractor shall provide in writing a quality control self-inspection system to ensure work conforms to accuracy standards stated in the Federal Advisory Committee Act. The Contractor’s quality control program shall include inspection measures on review of electronic data prior to delivery.

(1) Self Inspection.

(i) The Contractor shall self-inspect each payment unit as set forth in the Contractor’s work plan that was approved by the Contracting Officer.

(ii) If at any time, changes are made to the Contractor’s Work Plan (i.e. GPS system components, crew members, quality control measures); the Contractor shall contact the Contracting Officer immediately following the change. Any modification of the plan shall be subject to approval by the Contracting Officer (CO).

E.4 Government Inspection Procedures

(a) Government Quality Assurance Assessment.

(1) The Contracting Officer’s Technical Representative will perform quality assurance assessments under this contract to ensure the Contractor’s quality control accuracy standards are achieved.

(2) The Government may spot check the Contractor’s field work at any time. .

(3) The Government shall inspect field notes and Contractor’s deliverables to ensure clarity, legibility, and accuracy. The Government may reject work that is not legible or useable.

(4) The Contracting Officer’s Representative will forward copies of all completed Performance Assessment reports to the Contracting Officer and the Contractor.

E.5 Acceptance and Rework

Acceptance will be determined based on compliance with the contract specifications. Noncompliance will result in non-acceptance of the work. If the Contractor’s work is determined to be unacceptable, the Government may initiate any remedies described in FAR 52.246-4, Inspection of Services.

(a) If the initial work is unacceptable to the Government, the Contractor may re-work the area if deficiencies can be corrected. The Government will assess the re-work after receiving the Contractor’s inspection records which reflect that all work meets specification standards.

(1) The Government will conduct quality assurance up to one time after the initial assessment due to the rework by the Contractor.

(2) The Government will assess the Contractor the actual costs of conducting the additional quality assurance after rework. The Contractor may be assessed actual damages which may include but is not limited to: wages of the COR and Government inspector(s), costs of vehicles, meals and lodging that are incurred during the additional quality assurance.

(b) Work completed after the performance period. Whenever the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed actual damages. Items to be included in the actual damage includes but is not limited to: wages of the COR and Government inspector(s) for quality assurance after the performance period, costs of vehicles, meals, and lodging that are incurred while administering the contract after the performance period.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 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.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

F.2 AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract (To be determined (TBD).

F.3 AGAR 452.211-75 Effective Period of Contract (FEB 1988)

The effective period of this contract TBD.

F.4 Place of Performance (Oct 2006)

Primary place of performance will be coordinated by the Contractor near one of the USDA-Forest Service Office locations (Ketchikan, Juneau or any other required site), unless otherwise instructed or agreed to by the Contracting Officer.

F-5 Place of Delivery All contract deliverables must be delivered to the Contracting Officers Representative (COR) as identified in Section G of the Contract.

F.6 FAR 52.211-10 COMMENCEMENT PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 calendar days. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference time, date, and location TBD.

G.2 REMINDER OF INVOICING REQUIREMENTS

(a) The Contractor is reminded that the elements of a proper invoice are listed in the clause at FAR 52.232-27 in Section I.

(b) It is the sole responsibility of the Contractor to submit proper and timely invoices using its own invoice form or to request and complete the Microsoft Word format (Pay Estimate FS-6300-30 rev 02-05) received from the contracting office. Improper invoices (i.e. errors in extensions, quantities, or other base information) will be returned to the Contractor for correction and subsequent resubmission.

(c) In addition, when submitting the invoice the Contractor shall submit a copy (either electronically, hard copy, or via fax) to the Contracting Officer along with timely payrolls, if applicable and subcontractor payment information (see FAR 52.232-5 Payments Under Fixed Price Construction Contracts).

G.3 CONTRACT ADMINISTRATION

This contract will be administered by the Contracting Officer located at:

USDA Forest Service, TNF Office

Attn: Ms. Smith, Contract Officer 648 Mission Street, Federal Bldg.

Ketchikan, AK 99901.

All matters related to the performance of this contract shall be coordinated through the Contracting Officer.

G.4 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 which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

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

G.5 Contractor’s Designated Representative

It is required that the Contractor have a designated representative available on the project during the entire project and that the representative is able to speak and understand English. When designating a representative, the Contractor shall furnish a copy of the designation in writing to the Contracting

Officer. Such designation shall clearly indicate the name and limitations (if any) of authority of the representative. If the Contractor intends to designate a representative prior to the pre-work meeting, the representative is strongly encouraged to attend that meeting.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.215-8 Order of Precedence – Uniform Contract Format (Oct 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

H.2 FSAR 4G52.222-701 EMPLOYMENT OF ELIGIBLE WORKERS (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for 3 years, or 1 year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

H.3 FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to ensure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, site preparation, and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves 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. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers.

"Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, record keeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional Form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (that is, per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for 3 years.

(iii) Payments must be made no less frequently than every 2 weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed in paragraph (ii) and shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally, passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR 500.105. All drivers must have a current, valid State Drivers license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

H.4 FSAR 4G52.222-703 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT REGISTRATION (DEC 1999)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within ___ days (30 days unless a shorter time is specified) after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

H.5 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

(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 substitutions, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualififcations 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.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 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.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (NOV 2013)

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 (OCT 2010)

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)

52.203-13 Contractor Code of Business Ethics and Conduct (APR 2010)

52.203-14 Display of Hotline Poster(s) (DEC 2007)

52.204-4 Printed or Copied Double- Sided on Recycled Paper (MAY 2011)

52.204.7 Central Contractor Registration (CCR) (AUG 2012) 52.204-8 Annual Representation and Certifications (JAN 2014)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2013)

52.208-9 Contractor Use of Mandatory Sources of Supply or Services (OCT 2008)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation

(MAY 2011)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) 52.211-18 Variation in Estimated Quantity (APR 1984)

Alternate I (APR 2011); Alternate II (JAN 2012)

52.213-1 Fast Payment Procedure (MAY 2006)

52.215-2 Audit and Records -- Negotiation (OCT 2010)

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

52.217-2 Cancellation Under Multiyear Contracts (Oct 1997)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011)

52.219-8 Utilization of Small Business Concerns (JAN 2011) 52.219-9 Small Business Subcontracting Plan (JAN 2011) (Applicable if > $650,000)

Alternate II (Oct 2001)

52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $550,000)

52.219-29 Notice of Set aside for Economically Disadvantaged Woman Owned Small Businesses (EDWOSB) Concerns (NOV 2011)

52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program. (APR 2012) 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)

52.222-17 Nondisplacement of Qualified Workers (JAN 2013)

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 2010)

52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010)

52.222-37 Employment Reports on Veterans (SEP 2010)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

52.222-41 Service Contract Act of 1965, as Amended (NOV 2007)

52.222-43 Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (SEP 2009)

52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) 52.222-48 Exemption from Application of Service Contract Act Provisions-Contractor Certification (SEP 2009)

52.222-49 Service Contract Act-Place of Performance Unknown (MAY 1989)

52.222-50 Combating Trafficking in Persons (FEB 2009) 52.222-51 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (NOV 2007) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services-Certification (NOV 2007) 52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009) 52.222-54 Employment Eligibility Verification (AUG 2013)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013)

52.223-3 Hazardous Material and Material Safety Data (JAN 1997)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-10 Waste Reduction Program (MAY 2011) 52.223-12 Refrigeration Equipment and Air Conditioners (MAY 1985) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Payment and Copyright Infringement (DEC 2007)

52.227-3 Patent Indemnity (APR 1984) 52.227-5 Waiver of Indemnity (APR 1984)

52.227-9 Refund of Royalties (APR 1984)

52.227-10 Filing of Patent Applications-Classified Subject Matter (DEC 2007) 52-227-14 Rights in Data-General (DEC 2007) 52-227-15 Representation of Limited Rights Data and Restricted Computer Software (DEC 2007) 52.227-16 Additional Data Requirements (JUN 1987) 52.227-18 Rights in Data-Existing Works (DEC 2007) 52.227-19 Commercial Computer Software License (DEC 2007) 52.227-21 Technical Data Declaration, Revision, and Withholding of Payment-Major Systems (DEC 2007)

52.227-22 Major System-Minimum Rights (JUN 1987)

52.227-23 Rights to Proposal Data (Technical) (JUN 1987)

52.229-3 Federal, State, and Local Taxes (APR 2003) 52.229-7 Taxes - Fixed-Price Contracts with Foreign Governments (FEB 2013)

52.232-1 Payments (APR 1984)

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 (OCT 2010)

52.232-18 Availability of Funds (APR 1984)

52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2008)

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

52.233-1 Disputes (JUL 2002)

52.233-3 Protest after Award (AUG 1996)

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

52.236-2 Differing Site Conditions (APR 1984) (Demolition, dismantling & removal of improvements)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) (Demolition, dismantling & removal of improvements)

52.236-6 Superintendence by the Contractor (APR 1984) (Demolition, dismantling & removal of improvements)

52.236-7 Permits and Responsibilities (NOV 1991) (Demolition, dismantling & removal of improvements)

52.236-8 Other Contracts (APR 1984) (Demolition, dismantling & removal of improvements)

52.236-10 Operations and Storage Areas (APR 1984) (Demolition, dismantling & removal of improvements)

52.236-11 Cleaning Up (APR 1984) (Demolition, dismantling & removal of improvements)

52.236-13 Accident Prevention (NOV 1991) (Demolition, dismantling & removal of improvements) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.237-11 Accepting and Dispensing of $1 Coin (AUG 2007)

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 (DEC 2013)

52.245-1 Government Property (APR 2012)

52.245-2 Government Property Installation Operations Services (APR 2012)

52.245-9 Use and Charges (APR 2012) 52.246-25 Limitation of Liability—Services (FEB 1997)

52.248-1 Value Engineering (FEB 2010)

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

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

52.250-1 Indemnification under Public Law (NOV 2007)

52.250-5 SAFETY Act-Equitable Adjustment (OCT 2010)

52.253-1 Computer Generated Forms (JAN 1991)

I.2 AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1991) (Demolition, dismantling & removal of improvements) 452.236-73 Archeological or Historic Sites (FEB 1988) (Demolition, dismantling & removal of improvements) 452.236-74 Control of…