SOL Lift and Pack 1 Aug 11.pdf

COMMERCIAL ITEM-PERFORMANCE BASED

REQUIREMENTS CONTRACT

The intent of this solicitation and any resultant contract is to obtain services needed for harvesting seedlings at Lucky Peak Nursery (This effort has historically been called "Lift and Pack"). The resulting contract will be a Commercial - Performance Based Requirements Contract. Individual task orders will be placed against the contract throughout the base ordering period. The contract will consist of a base year plus four option years. Recent historical activity at the nursery has ranged from $75K to $300K per year. A requirements contract does not guarantee any minimum amount of work. The offeror is hereby instructed to provide pricing on the below Schedule of Items. This pricing will provide a catalog basis by which future task orders will be priced out. The minimum size order for any individual task order a contractor is required to take will be $5,000. (Refer to the Ordering Clause on Page 42 of the Solicitation). The maximum order limitation would be $300,000. A Contractor must be prepared to begin within 5 business days of the issuance of a task order.

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS

BACK WITH THEIR REPONSE TO THIS SOLICITATION:

1. Standard Form SF-1449, blocks 28-30c (Contractor must sign).

Submit Tin No. and Duns No. Block 17a

2. Submit unit price and amount for all items, (page 3 & 4).

3. Representations and Certifications Pg. 30-41. If you have completed the Representations and Certifications via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov, please only submit a response to Paragraph (b) Pg. 33. We will not need a response to Paragraphs (c) through (o) of this provision Pg. 34-41). Accordingly, please do not turn in Pages 33-41, unless you have completed a response pertaining to this solicitation only, which deviates from your on-line response to be found in ORCA

4. Provide a Technical Proposal: The technical proposal will be used to make an evaluation (Pg 29-30 52.212-2) and arrive at a determination as to whether the proposal will meet the requirements of the Government. Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed, description of the techniques, procedures and program for achieving the objectives of the specifications/statement of work. Proposals which merely paraphrase the requirements of the Government's specifications/statement of work, or use such phrases as "will comply" or "standard techniques will be employed" will be considered unacceptable and will not be considered further. As a minimum, the proposal must clearly provide the following:

How your company will perform each task in Exhibit 1.

Quality Control Plan

5. Complete Experience Questionnaire Pg 44-45

6. Complete Migrant & Seasonal Agricultural Worker Protection Act Page 43 if you already have a registration number, otherwise it must be available 10 days after award.

7. Complete Workers’ Compensation insurance form. Link on page 46 and return with proposal

8. Provide Liability insurance verification with proposal

Submit your information to one of the following:

Email: mamorris@fs.fed.us Fax: (208) 373-4197 Or Mail to:

USFS ATTN: Matt Morris 1249 S Vinnell Way, Ste 200 Boise, ID 83709-1663 mamorris Typewritten Text

TIN _____________ DUNS _________________

Typewritten Text

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

EST QTY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

1 Lift Seedlings (Refer to Section Performance Elements 1-8) 15,800 LF $ $

2 Grade M Seedlings (Sorting operation from cooler stack) (Refer to Section Performance Elements 9 & 10)

1000 MX $ $

3 Pack Container (Refer to Section Performance Element 11) 1500 MX $ $

4 Preparation and Final Clean up of tubs and burlap (Refer to Section Performance Element 12)

3 MX $ $

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

EST QTY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

1 Lift Seedlings (Refer to Section Performance Elements 1-8) 15,800 LF $ $

2 Grade M Seedlings (Sorting operation from cooler stack) (Refer to Section Performance Elements 9 & 10)

1000 MX $ $

3 Pack Container (Refer to Section Performance Element 11) 1500 MX $ $

4 Preparation and Final Clean up of tubs and burlap (Refer to Section Performance Element 12)

3 MX $ $

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

EST QTY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

1 Lift Seedlings (Refer to Section Performance Elements 1-8) 15,800 LF $ $

2 Grade M Seedlings (Sorting operation from cooler stack) (Refer to Section Performance Elements 9 & 10)

1000 MX $ $

3 Pack Container (Refer to Section Performance Element 11) 1500 MX $ $

4 Preparation and Final Clean up of tubs and burlap (Refer to Section Performance Element 12)

3 MX $ $

SECTION B

OPTION YEAR 2, 1 Oct 2013 to 30 September 2014

OPTION YEAR 2 GRAND TOTAL

SCHEDULE OF ITEMS

BASE YEAR, 1 Oct 2011 to 30 September 2012

BASE YEAR GRAND TOTAL

OPTION YEAR 1, 1 Oct 2012 to 30 September 2013

OPTION YEAR 1 GRAND TOTAL

Lifting and Packing of Tree and Shrub Seedlings in Greenhouse and Field, Lucky Peak Nursery, Boise National Forest, as per attached specifications.

AG-0261-S-11-0064

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

EST QTY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

1 Lift Seedlings (Refer to Section Performance Elements 1-8) 15,800 LF $ $

2 Grade M Seedlings (Sorting operation from cooler stack) (Refer to Section Performance Elements 9 & 10)

1000 MX $ $

3 Pack Container (Refer to Section Performance Element 11) 1500 MX $ $

4 Preparation and Final Clean up of tubs and burlap (Refer to Section Performance Element 12)

3 MX $ $

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

EST QTY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

1 Lift Seedlings (Refer to Section Performance Elements 1-8) 15,800 LF $ $

2 Grade M Seedlings (Sorting operation from cooler stack) (Refer to Section Performance Elements 9 & 10)

1000 MX $ $

3 Pack Container (Refer to Section Performance Element 11) 1500 MX $ $

4 Preparation and Final Clean up of tubs and burlap (Refer to Section Performance Element 12)

3 MX $ $

UNIT OF ISSUE

LF ‐ Linear Feet (4 foot wide planting beds)

MX ‐ Thousand

OPTION YEAR 4 GRAND TOTAL

OPTION YEAR 3, 1 Oct 2014 to 30 September 2015

OPTION YEAR 3 GRAND TOTAL

OPTION YEAR 4, 1 Oct 2015 to 30 September 2016

Contract Terms and Conditions

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): http://farsite.hill.af.mil/ or https://www.acquisition.gov/Far/ or www.usda.gov/procurement/policy/agar.html

(End of clause)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.212-4 Contract Terms and Conditions - Commercial Items. (JUN 2010) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.245-1 Government Property. (AUG 2010) 52.253-1 Computer Generated Forms. (JAN 1991)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov/.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items.

(MAY 2011)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

[ ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

X(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[ ](2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

X(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub.

L. 109-282)(31 U.S.C. 6101 note).

[ ](5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (JUL 2010) (Pub. L.

111-5).

X (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

[ ] (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161)

[ ](8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (JAN 2011) (15 U.S.C. 657a).

[ ](9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ](10) (Reserved)

X(11)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ](ii) Alternate I (OCT 1995) of 52.219-6.

[ ] (iii) Alternate II (MAR 2004) of 52.219-6.

[ ](12)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ](ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ ](13) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)).

[ ](14)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4).

[ ](ii) Alternate I (OCT 2001) of 52.219-9.

[ ](iii) Alternate II (OCT 2001) of 52.219-9.

X(iv) Alternate III (JUL 2010) of 52.219-9.

[ ](15) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

[ ](16) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ](17)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323)(if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

[ ](ii) Alternate I (JUN 2003) of 52.219-23.

[ ](18) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ](19) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ] (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)(15 U.S.C. 657 f).

X (21) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.

632(a)(2)).

[ ](22) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2011).

[ ](23) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2011).

X (24) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ ](25) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).

X(26) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

X(27) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

X(28) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

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

X(30) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

X(31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X(32) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

[ ](34) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ](35)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

[ ](ii) Alternate I (DEC 2007) of 52.223-16.

X(36) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010)(E.O 13513).

[ ](37) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[ ](38)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C.

10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

[ ](ii) Alternate I (JAN 2004) of 52.225-3.

[ ](iii) Alternate II (JAN 2004) of 52.225-3.

[ ](39) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X(40) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ](41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ](42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ](43) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[ ](44) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

X(45) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

[ ](46) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration

(MAY 1999) (31 U.S.C. 3332).

[ ](47) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

[ ](48) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ](49)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

[ ](ii) Alternate I (APR 2003) of 52.247-64.

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

X(1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

X(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

X(3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ](4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ](5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

[ ](6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[ ](7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L.

110-247).

[ ](8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

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

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

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

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

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

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) (Reserved)

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

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

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

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

351, et seq.).

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

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

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

L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 October 2011through 30 September 2016.

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

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

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $300,000;

(2) Any order for a combination of items in excess of $400,000; or

(3) A series of orders from the same ordering office within 14days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 business daysdays after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 Requirements. (OCT 1995)

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

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

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

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 September 2016.

52.217-8 Option to Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of the expiration of this contract..

52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years(months)(years).

52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.

5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage - Fringe Benefits

GENERAL FORESTRY LABORER WG-2 $11.71 [ ]

(End of clause)

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 5 Business Days after the date of contract award. The conference will be held at:

Lucky Peak Nursery 15169 East Highway 21 Boise, ID 83716.

(End of Clause)

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: 1) Non-working, non-supervising Quality Control Inspectors. Non-working non-supervising Quality Control Inspectors shall be designated by the contractor to perform quality control for the Contractor. Results of Contractor Quality Control Inspector's findings will be used by the Contractor to insure that quality control meets the standards set forth by this contract.

2) Foreman. A minimum of one non-working foreman for overall field operations.

3) Foreman. A minimum of one non-working foreman for overall shed operations. All key personnel shall be fully conversant in the English language and be able to fully comprehend English and interpret English instructions fully and completely to the native tongue of their crew.

(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 theinformation 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.

(End of Clause)

4G52.222‐701 ‐ Employment of Eligible Workers (DECEMBER 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized a Immigration Services, established the Form I‐9, Employment Eligibility Verification Form, as the document to be used for em

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 ind

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 citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract 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

4G52.222‐702 ‐ Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers

(DECEMBER 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 recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal worker for predominantly manual forestry work, including but not limited to tree planting, brush cleaning, precommercial tree thinning, and forest firefighting.

(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 Federal Department of Labor Certificate of Registration. 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 shall 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 must 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 shall 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 applicable. Any driver who transports workers for a fee or at the direction of the contractor shall be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor must 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 on any trip for a distance greater than 75 miles by a farm labor contractor or agricultural employer to transport any migrant or seasonal agricultural worker must comply with Department of Transportation Regulations at 29 CFR 500.105. One trip may have numerous stops. All drivers shall have a current, valid State driver’s license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker must 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 or, if permitted by the Forest Service, in a camp on National Forest Lands as in

4G52.222‐705. 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.

4G52.222‐703 ‐ Migrant and Seasonal Agricultural Worker Protection Act Registration (DECEMBER

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 MSPA Registration Number is the number on the Farm Labor Contractor’s DOL‐issued Certificate.

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.

4G52.222‐704 ‐ Personal Protective Equipment (FEBRUARY 2007)

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities must be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment must not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee.

These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170‐47. The chaps must cover the full length of the thigh and must extend to the top of the boot on each leg.

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.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1‐1997.

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.

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 for example, chain saw operation.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

The performance-based services covered in this solicitation and resultant contract require the contractor furnish all labor, equipment, supervision, transportation, operating supplies, and incidentals (except for those items furnished by the Government) necessary to provide services to lift, grade and package seedlings at the Lucky Peak Nursery. These services shall consist of lifting and transporting seedlings to cold storage; provide grading and packaging services; and cleanup and storage of Government-furnished equipment, facilities and materials. This contract is for one year with four option years.

LOCATION AND DESCRIPTION

Services are to be performed at the USDA-Forest Service, Boise National Forest, Lucky Peak Nursery, located approximately 17 miles east of Boise, Idaho on State Highway 21.

TECHNICAL SPECIFICATIONS

Technical Approach shall address each of the work requirements listed in the Performance Work Statement/Quality Assurance Plan.

INSPECTION AND ACCEPTANCE

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

(b) Inspection and acceptance will be performed at: Luc ky Peak Nursery.

(c) The contractor will be inspected as per the Performance Work Statement/Quality Assurance Plan, identified as Exhibit 1.

GOVERNMENT VERIFICATION

The Government will conduct quality assurance inspections of the work to determine compliance with contract specifications including contractor's quality control as specified in the Performance Work Statement/Quality Assurance Plan

DELIVERIES OR PERFORMANCE

CONTRACT TIME

The estimated period of performance for this contract is annually from October 1 through September 30.

Estimated Start Work Date Estimated Completion Date Base Year October 1, 2011 September 30, 2012 Option Year 1 October 1, 2012 September 30, 2013 Option Year 2 October 1, 2013 September 30, 2014 Option Year 3 October 1, 2014 September 30, 2015 Option Year 4 October 1, 2015 September 30, 2016

The Government will issue orders for service during the performance period. The government will provide as much advance notice as possible but will maintain a minimum of 5 days notice prior to work needing to commence. The majority of work occurs in late October and November, when weather and soil conditions are favorable for work. However, services may be required at different times throughout the year. Final tub clean up and drying of burlap occurs in the spring. Some portions of this cleanup may occur while processing seedlings.

HOURS OF OPERATION

Weather permitting all work will be performed during normal Government hours of operation (7:30 am to 4:30 pm Monday through Friday) unless otherwise approved in writing by the Contracting Officer. Weekend and Holiday work is anticipated, as conditions allow. During the seedling harvest operation, there may be instances of early afternoon shutdowns or late morning start-ups due to unsuitable weather or soil conditions.

ADDITIONAL DELIVERIES AND PERFORMANCE REQUIREMENTS

Minimum acceptable daily production of harvested bare root seedlings meeting standards will be 10,000 linear bed feet.

Minimum acceptable daily production of graded bare root seedlings meeting standards will be 375,000 seedlings.

Minimum acceptable daily production of containerized seedlings meeting standards will be: 135,000.

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.

1. Trailers for hauling tubs and seedlings on pallets, and three-point mounts with pintle hitch to match trailer tongues.

2. Tubs, pallets and burlap for transporting seedlings.

3. Grading tables where counting and grading operations and bed-run packaging operations can be conducted.

4. Shovels, scrapers, pitchforks, hand trucks, garbage cans, wheelbarrows, water hoses for facility cleanup.

5. Packing containers, hand staplers and staples, banders and strapping material, labels materials and buckets.

6. Poppers, tables, baggers, dumpsters and lazy susans.

CONTRACTOR-FURNISHED SERVICES, SUPPLIES AND EQUIPMENT

A. Seedling Harvest/Field Operations

1. Labor

2. Supervision

3. Quality control

4. Drinking Water

5. Sanitation Facilities

6. Hand tools, gloves, etc. as needed

7. Qualified tractor operators to safely tow Government-furnished trailers without incident

8. Tractors, to be of recent manufacture, in excellent mechanical condition and with a wheel-spacing consistent with

Nursery seedbed aisle width; tractors equipped with four-wheel drive and a minimum horsepower rating of 55 are recommended.

B. Seedling Processing Facility

9. Labor

10. Supervision

11. Quality control

12. Paper towels and toilet paper to restock restrooms

13. Cleaning and mopping of restrooms facilities twice daily

14. Trash pickup and garbage can emptying as necessary

15. Tools (e.g. putty knives, hoes) to scrape seedling tubs of soil. These tools are to be approved by the Government prior to use.

MEASUREMENT AND PAYMENT: SEEDLING PROCESSING SERVICES

Payment will be made using Contractor Quality Control Inspections unless Government Quality Assurance results differ by more than 5%.

A. Measurement

1. Seedling harvest is measured by the linear foot as determined by the Government.

2. Seedling processing is measured by actual pack volume counts.

3. Bed Run is measured by field inventories as determined by the Government.

B. Payment Bare Root

1. Seedling harvest is paid on linear footage completed as determined by the Government.

2. Seedling processing (grading and packing) payments are based on the volume of seedlings stated on the box label.

The processing payment will be adjusted as follows:

- Contractor quality control inspections will include box inspections. Each box inspection will include a total seedling count, number of good quality seedlings, and number of “cull” seedlings that do not meet the quality and size requirements for that source. Also record the date, time, source code, volume stated on label, and category of each cull seedling, such as 1) short top, 2) small caliper, 3) short roots, 4) stem damage, 5) other. (See box inspection form.)

The boxes to be inspected will be chosen randomly from the sources and all the sorting belts in use. After each box has been inspected, it shall be closed up and returned to its appropriate source location in the cooler. A minimum of 2% of all boxes packed should be inspected.

- The actual seedling box counts are calculated as follows (expressed in percent):

l (Total box count – label volume) l / (l abel volume) Absolute value (always Positive)

- All of the actual seedling box counts will be averaged for the day and rounded up to the next whole number. If inspection results show that average actual seedling box counts are 95% or higher, no adjustment to “volume for payment” will be made. The volume for payment will be reduced by (1%) for each percentage point below 95%. For instance, when the actual seedling box count is 94%, the volume for payment will be reduced by 1%. At 92%, the volume for payment will be reduced by 3%.

- Seedling quality is calculated by dividing the count of cull seedlings by the total seedling count.

- If inspection results show the Seedling quality is 95% or higher, no adjustment of volume for payment will be made. Reductions will be made for each percentage point below 95%.

- LPN will also conduct box inspections and if there is more than 5% difference between LPN’s and the contractor’s calculation of either actual seedling box counts and seedling quality calculations, then LPN ‘s numbers will be used to determine seedling processing payments.

Inspection results will be calculated daily, averaged, and turned in to the COR.

Bare Root Seedling Processing Payment = Pack volumes (based on labels) X Ave. actual seedling box counts X Av e. seedling quality X Bid rate

Bare Root Seedling Processing Payment Example:

400,000 seedlings are processed on Day One. The final box count was at 95% of labeled volume for that day, and the seedling quality was at 90%. This means the contractor will be paid based upon the following equation:

400M x 1.00 x .95 x bid rate = Day One Payment.

Bed Run. Bed Run packed seedlings are not graded or counted. Bed Run payment is based on the inventoried net volumes for all that stock.

Container

Seedling processing (grading and packing) payment is based on the volume of seedlings stated on the box label.

Seedling processing (grading and…