Solicitation.pdf

IDAWY ACQUISITION SERVICE CENTER INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

IDAWY ACQUISITION SERVICE CENTER

1405 HOLLIPARK DR.

IDAHO FALLS, ID 83401

FAX (208) 557-5829

SOLICITATION NO. AG-02NV-S-15-0106

OFFERS ARE SOLICITED FOR: WINTER PASTURE & FEEDING OF FS STOCK FOR THE SALMON-CHALLIS NF

SET-ASIDE: SMALL BUSINESS SET-ASIDE

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE

TO THIS SOLICITATION:

1.SF-1449 Request For Quotation (Complete, date, and sign)

2.Section I – Schedule of Items (Pages 4). (Complete Unit Price and Amount)

3.Experience Questionnaire (Pages 41-42)

4.Representations and Certifications (Pages 43-59). (Complete the Representations and Certifications electronically via the System for Award Management (SAM) website at https://www.sam.gov)

5. Acknowledgement of Amendment (If Any)

IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to: IDAWY Acquisition Service Center ATTN: Amelia Velasco 1405 Hollipark Drive Idaho Falls, ID 83401 Solicitation No. AG-02NV-S-15-0106

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE SYSTEM FOR AWARD

MANAGEMENT SYSTEM PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE 52.204-7

SYSTEM FOR AWARD MANAGEMENT FOR DETAILS ON HOW TO APPLY.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS.

https://www.sam.gov/

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-02NV-S-15-0106

6. SOLICITATION ISSUE DATE

09/18/15

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

AMELIA RIOS VELASCO

b. TELEPHONE NUMBER (No collect calls)

(208) 557-5848

8. OFFER DUE DATE/LOCAL TIME

10/11/15 3:00 p.m. MST

9. ISSUED BY CODE

10. THIS ACQUISITION IS: UNRESTRICTED or SET ASIDE: 100 % FOR:

IDAWY Acquisition Service Center

1405 Hollipark Drive Idaho Falls, ID 83401

Small Business Women-Owned Small Business (WOSB) Eligible Under the Women-Owned

Hubzone Small Small Business Program NAICS: 812910 Business Economically Disadvantaged Women-

Service-Disabled Owned Small Business (EDWOSB) Size Standard: $7.0 Million Veteran Owned Small Business 8(A)

13a. THIS CONTRACT IS

A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

11. Delivery for FOB

Destination unless Block is Marked

See Schedule

12. Discount Terms

14. METHOD OF SOLICITATION

RFQ IFB RFP

CODE

16. ADMINISTERED BY CODE

15. DELIVER TO

See Delivery Schedule

Same as Block 9

17a. CONTRACTOR/ CODE

OFFEROR FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.:_____________________________________

DUNS NO:_____________________ CAGE Code. ___________________________

U.S. Dept. of Agriculture National Finance Center P.O. Box 60000 New Orleans, LA 70160-0001

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Winter Pasture & Feeding of Forest Service Stock Salmon-Challis National Forest

This requirement is being procured as a fixed-price

Simplified Acquisition.

Faxes will not be accepted.

PLEASE PLACE YOUR QUOTE IN SECTION I-

SCHEDULE OF ITEMS

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29. AWARD OF CONTRACT: REF. ___________________ OFFER

DATED _________________. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES

WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR

PRINT)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 5/2011)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ___________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT

VERIFIED CORRECT

FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERIFYING OFFICER 41c. DATE 42.b. RECEIVED AT (Location)

42.c DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

Standard Form 1449 (REV. 5/2011) Back

AG-02NV-S-15-0106 Winter Pasture & Feeding of Forest Service Stock Salmon-Challis National Forest Service

SECTION I--SUPPLIES OR SERVICES AND PRICES

Winter Pasture and Feeding of Forest Service Stock

Salmon-Challis National Forest- South Zone & Sawtooth National Recreation Area Custer, Butte or Lemhi County, Idaho

This contract will be effective for a base period, and, at the option of the government, for one (4) additional one-year option period.

Quoters may quote on one or more Items within the Schedule of Items, but shall quote prices on sub-items within an individual Item. The Government may make a single or multiple awards based on the Government’s decision of what is most advantageous to the Government considering price and other factors.

I- 1 – Schedule of Items

Item 1 – Salmon-Challis National Forest Stock

Sub-Item 1.1 – Base Year (October 30, 2015 – September 30, 2016) *

ITEM NO DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT PRICE/

AMOUNT PER

ANIMAL PER

DAY

TOTAL

AMOUNT PER

DAY

(27 x $Unit Price =Total Per Day)

1.1 Pasture land and feeding of

Forest Service stock.

EA

TOTAL FOR 182 DAYS $____________

Sub-Item 1.2 – Option Year 1 (October 1, 2016 – September 30, 2017) *

ITEM NO DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT PRICE/

AMOUNT PER

ANIMAL PER

DAY

TOTAL

AMOUNT PER

DAY

(27 x $Unit Price =Total Per Day)

2.1 Pasture land and feeding of

AG-02NV-S-15-0106 Winter Pasture & Feeding to Stock

Sub-Item 1.3 – Option Year 2 (October 1, 2017 – September 30, 2018) *

ITEM NO DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT PRICE/

AMOUNT PER

ANIMAL PER

DAY

TOTAL

AMOUNT PER

DAY

(27 x $Unit Price =Total Per Day)

Sub-Item 1.4 – Option Year 3 (October 1, 2018 – September 30, 2019) *

ITEM NO DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT PRICE/

AMOUNT PER

ANIMAL PER

DAY

TOTAL

AMOUNT PER

DAY

(27 x $Unit Price =Total Per Day)

Sub-Item 1.5 – Option Year 4 (October 1, 2019 – September 30, 2020) *

ITEM NO DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT PRICE/

AMOUNT PER

ANIMAL PER

DAY

TOTAL

AMOUNT PER

DAY

(27 x $Unit Price =Total Per Day)

Item 2 – Sawtooth National Recreation Area Stock

Sub-Item 2.1 – Base Year (October 30, 2015 – September 30, 2016) *

ITEM NO DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT PRICE/

AMOUNT PER

ANIMAL PER

DAY

TOTAL

AMOUNT PER

DAY

(14 x $Unit Price =Total Per Day)

1.1 Pasture land and feeding of

TOTAL FOR 222 DAYS $____________

Sub-Item 2.2 – Option Year 1 (October 1, 2016 – September 30, 2017) *

ITEM NO DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT PRICE/

AMOUNT PER

ANIMAL PER

DAY

TOTAL

AMOUNT PER

DAY

(14 x $Unit Price =Total Per Day)

Sub-Item 2.3 – Option Year 1 (October 1, 2017 – September 30, 2018) *

ITEM NO DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT PRICE/

AMOUNT PER

ANIMAL PER

DAY

TOTAL

AMOUNT PER

DAY

(14 x $Unit Price =Total Per Day)

Sub-Item 2.4 – Option Year 1 (October 1, 2018 – September 30, 2019) *

ITEM NO DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT PRICE/

AMOUNT PER

ANIMAL PER

DAY

TOTAL

AMOUNT PER

DAY

(14 x $Unit Price =Total Per Day)

Sub-Item 2.5 –Option Year 4 (October 1, 2019 – September 30, 2020) *

ITEM NO DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT PRICE/

AMOUNT PER

ANIMAL PER

DAY

TOTAL

AMOUNT PER

DAY

(14 x $Unit Price =Total Per Day)

*To prevent contract from expiring, option years are set up from October 1 to September 30 of each year;

however, physical work won’t be needed for the entire option year period only for the number of days specified in the Schedule of Items.

B- 2 – Additional Information

Quote on all items. Only quotes to the nearest cent will be accepted.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the quoter specifies otherwise in the quote. The number of horses or mules may vary toward the end of the lease period. Payment will be based on the quantity of horses and/or mules pastured for each day during the month.

The Government will not accept a quote for just pasture. Quote must include supplemental feeding as indicated under Contractor Responsibility.

The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

B- 3 - Option Year

Award of the option year will depend on the availability of funding. The Economic Price Adjustment Clause does not apply to this contract, pricing for the Option-Year shall be quoted above in the Schedule of Items. New pricing will go into effect at the time of renewal, should an option to extend the term of the contract be exercised.

See clause III-2 FAR clause 52.217-9.

SECTION II - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

II- 1 – Scope of Work

It is the purpose of this contract to lease winter pasture and feedlot to accommodate approximately 34 head of Forest Service horses and mules. The number of horses or mules may vary toward the end of the lease period.

Some livestock may be removed up to two (2) months prior to the June 10 end date. Required work shall include feeding, watering, and monitoring of livestock. The Contractor shall furnish all labor, supplies, and incidentals necessary to perform all work required.

II- 2 – Location

The livestock are located on the Salmon-Challis and Sawtooth National Forests. The Forest Service will be responsible for transporting stock to and from the winter pasture location.

II- 3 – Period of Performance

The actual performance period shall be approximately November 1 through June 10 of each year. Contract time shall be October to September of each year.

II- 4 – Contract Period

Base Year Date of Contract Award and shall continue until September 30, 2016. However, the period of performance may be extended in accordance with the option provisions contained herein.

Option Year 1: October 1, 2016 through September 30, 2017. Optional year will be exercised at the discretion of the government.

Option Year 2: October 1, 2017 through September 30, 2018. Optional year will be exercised at the discretion of the government.

Option Year 3: October 1, 2018 through September 30, 2019. Optional year will be exercised at the discretion of the government.

Option 4: October 1, 2019 through September 30, 2020. Optional year will be exercised at the discretion of the government.

II- 5 – Government-Furnished Property

The Government will provide the following items 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. The following items will be government furnished:

Up to 30 Head of Horses and/or Mules from the Salmon-Challis National Forest Up to 15 Head of Horses and/or Mules from the Sawtooth National Recreation Area

II- 6 – Government Responsibility

The government shall be responsible for the following:

• Inspection of the pasture for acceptability prior to livestock being moved into the pasture.

• Supply any special feed or medication that may be required.

• Inspect horses and mules on a routine basis to ensure proper care of the animals.

• Government Point of Contact will be determined at time of award.

II- 7 – Contractor Responsibility

The Contractor shall be responsible for the following:

• Maintaining all gates and fences at a level that will ensure the safety of the livestock. Pasture shall be free of any unnatural obstacles or hazards (such as downed barb wire, non-functional t-posts or implements)

• Supply 20 lbs of supplemental grass hay and pasture or 25 lbs of grass hay without pasture per animal per day.

• Feed, water, and inspect/monitor livestock daily. Approximately five animals may require special feeding, care and or medications on a daily basis.

• Contact Forest Service Point of Contact immediately in case of emergency or Veterinarian that the Forest Service designates upon award of the contract.

II- 8 – Biopreferred Products

The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.

8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

Finding BioPreferred products is simple, using the program’s online catalog. To view the catalog, go to www.biopreferred.gov.

II- 9 – Supplemental Specifications

• Pasture and feedlot shall be for the exclusive use of Forest Service livestock. No other livestock shall be mixed with Forest Service livestock within the leased pasture/feedlot.

• Adequate water for livestock shall be available for the entire time period the pasture is leased. Pasture shall have open water or stock troughs. Snow is not considered an adequate water source.

• Pasture and feedlot shall be within a 50 mile radius of the Salmon-Challis National Forest Supervisor’s Office in Salmon, Idaho, the Challis/Yankee Fork/Middle Fork District Office in Challis, Idaho or the Lost River Ranger District Office in Mackay, Idaho.

• Pasture shall have adequate wind breaks (trees, buildings, or barns) to provide some protection from inclement weather conditions.

• The Contractor shall take all reasonable actions necessary to protect Government stock from injury. In the event the Government determines negligence by the contractor has resulted in the injury or death of Government livestock, the contractor shall be liable for veterinary costs in the case of injury or the value of the animal(s) in the case of death.

• Contractor is not authorized to use Government stock for nongovernmental purposes. The unauthorized use of Government property can subject a person to fines, imprisonment, or both under 18 U.S.C. 641.

II-10 - Inspection Requirements

The Government will inspect the pasture and feedlot to ensure compliance with specifications of this contract.

Inspection may occur at any time during the performance period to ensure the welfare of Government livestock.

If at any time the contractor is not in compliance with the contract specifications and the Government deems the health and welfare of the livestock is in danger, the contract shall be terminated and livestock removed from the premisis.

SECTION III - CONTRACT CLAUSES

III- 1 - FAR 52.212-4 Contract Terms and Conditions - Commercial Items (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html%23wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html%23wp1137572

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31

U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html%23wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html%23wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html%23wp1203358

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_2.html%23wp1079912 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html%23wp1031290 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html%23wp1031326

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html%23wp1203358

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

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

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html%23wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html%23wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html%23wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html%23wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_8.html%23wp1029202 https://www.acquisition.gov/

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

III- 2 - AGAR 452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate Applicants (FEB 2012) Alt I (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No.

112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

III- 3 - FAR 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 before contract expiration; 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 $150,000.

III- 4 - 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.

III- 5 - 4G52.222-704 Personal Protective Equipment (FEB 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 shall 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 shall 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 shall cover the full length of the thigh and shall 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, chainsaw operation.

III- 6 - 4G52.222-705 Camping Provisions for Labor Intensive Contracts (FEB 2007)

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

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

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

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

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

Unless otherwise designated by the cContracting oOfficer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted. Damaging or removing any natural feature or other property of the Forest Service is prohibited. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

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

Gauze pads (at least 4x4 inches) Two large gauze pads (at least 8x10 inches) Box adhesive bandages (band-aids)

One package of gauze roller bandage at least 2- inches wide Two triangular bandages Scissors At least one blanket Tweezers Adhesive tape Latex gloves Resuscitation device such as resuscitation bag, airway, or pocket mask

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

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

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

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

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

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

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

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

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

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

III- 7 - FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

III- 8 - AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuance to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational disease are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance and shall be required in the amount of $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.