NewsomeCreekRFQ.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

04/12/2016

INFORMATION CALL:

05/02/2016; 4:00 p.m.

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: ___100______% FOR

USDA – Forest Service; R1 AQM Nez Perce-Clearwater NF Grangeville Office

104 Airport Road

Grangeville, ID 83530

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SMALL BUSINESS FORMCHECKBOX

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

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HUBZONE SMALL SMALL BUSINESS PROGRAM

BUSINESS

EDWOSB NAICS: 541620

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD: $15,000,000

SMALL BUSINESS FORMCHECKBOX

8(A)

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

SEE SCHEDULE

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

See Delivery Schedule

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR ADDRESS CODE

DUNS No: ___________________________________________ Email Address: ________________________________________ 18a. PAYMENT WILL BE MADE BY CODE

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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SEE ADDENDUM

Nez Perce-Clearwater National Forests

Red River Ranger District

Idaho County, Idaho

PLEASE PLACE YOUR QUOTE/(S) IN

SCHEDULES OF ITEMS, page 3.

Please return to the address shown in Block 9. Place “Solicitation No. AG-0343-S-16-0030” on the envelope or FAX to (208) 983-4098.

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

25. ACCOUNTING AND APPROPRIATION DATA

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

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

KAREN RUKLIC

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.2/2012)

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

ITEMS REQUIRED:

Signed & Dated Standard Form 1449 (2 Pages)

Signed & Dated Amendments (if posted to FBO during solicitation period)

Schedule of Item (Price Quote) and Payment Percentage Table, page 3.

Technical Proposal addressing the criteria identified below – 1 Copy, see FAR 52.2122 on pages 48-50 for instructions.

1. Past Performance

2. Qualifications & Experience

3. Work Plan & Production Schedule

Completed AGAR 452.209-70 Representation by Corporation Regarding an Unpaid Delinquent Tax or Felony Conviction (page 48).

Completed FAR 52.212-3 Offeror Representations and Certifications (starts on page 51).

Completed State of Idaho Certificate of Verification of Workers Compensation Insurance (pages 44-46).

Submission Methods

1. Fax #: 208-983-4098

2. Hard Copy Mail To:

Nez Perce-Clearwater National Forests Grangeville Office ATTN: Karen Ruklic

104 Airport Road

Grangeville, ID 83530

Solicitation # AG-0343-S-16-0030 (on envelope)

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED

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INSPECTED

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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. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

PARTIAL FINAL

FORMCHECKBOX

COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 2/2012) BACK

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

SERVICES AND PRICES

NEWSOME CREEK

REACH 2 STREAM HABITAT IMPROVEMENT DESIGN

Red River Ranger District, Nez Perce Clearwater National Forest

SCHEDULE OF ITEMS

PAYMENT PERCENTAGE TABLE

Offeror, provide a percentage of quoted lump sum price to be applied to each of the following phases of the work.

Payment for each of these phases will be made by applying the above percentages to the lump sum awarded price for Item 1.

BASIS OF AWARD – The Government shall make one contract award on the basis of the contractor's past performance, experience and qualifications; technical approach, and price. Technical proposals are required to be submitted with your quote. See FAR 52.212-2 for further instructions and evaluation and award information. Also see block 20 of form SF-1149 for a checklist of documents to be submitted as your quote.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

BACKGROUND

PAST DESIGN WORK: A feasibility study examining several preliminary design options for the stream and floodplain/riparian zone was completed in 2004. This study was commissioned to document the existing conditions within the stream channel and floodplain, provide conceptual alternatives for restoration, and evaluate the feasibility of these options for mitigating the environmental impacts of past dredge mining. It addressed stream morphology, water quality, and in-stream aquatic and riparian habitat. The biological opinions for steelhead and bull trout (both federally listed as “Threatened” species) were based on Alternative 4 of the Feasibility Study. The feasibility study may be downloaded at the following website https://cloudvault.usda.gov/public.php?service=files&t=9163dc080e8da230af86da812563d61b. If you encounter problems accessing the document, please contact Karen Ruklic at 208-983-5144 or email kruklic@fs.fed.us.

The Upper Newsome Creek Channel and Riparian Habitat Design was completed in 2008 for Reaches 1-5 (henceforth referred to as “2008 habitat design”). After this design was completed, an increase in funding for the construction implementation project was received which allowed for more work to be accomplished than originally anticipated and designed (additional add-on design was completed in 2010). The 2010 / 2008 habitat design is available at the hyperlink provided above; if you encounter problems accessing the document, please contact Karen Ruklic at 208-983-5144 or email kruklic@fs.fed.us. .

PAST RESTORATION WORK IN NEWSOME CREEK: Full restoration of Stream Reaches 5, 4, and 3 was implemented in 2011 – 2014. These completed reaches and floodplain restoration work are to be used as reference for the design for Stream Reach 2. The large woody debris “system” used on previous reaches should be referenced and carried through Reach 2.

In 2014 and 2015, dredge piles were removed from the Reach 2 floodplain to re-establish the floodplain elevation. The dredge material was placed in repositories at the toe of the hillslopes. In addition, topsoil was salvaged and placed in stockpiles. However, the stream section of Newsome Creek that extends through Reach 2 is still in its impacted, straightened channel and lacks structure for fish habitat.

SCOPE OF CONTRACT

This contract requires preparation of a channel and habitat design plan for Newsome Stream Reach 2 including restored channel geometry with integrated design elements for in-stream channel morphology and increased in-stream habitat features through use of large woody debris. The project area (Reach 2 of Newsome Creek) is approximately 1.25 miles long and is upstream of the Newsome Town Site, approximately 10 miles northwest of Elk City, Idaho. The floodplain width ranges from approximately 200 – 400 feet wide throughout Reach 2.

The contractor shall collect and analyze data; prepare design drawings, specifications, cost estimates and supporting documentation; and perform related work in compliance with the contract’s terms, specifications and provisions. This includes the furnishing of all labor, equipment, supervision, transportation, operating supplies and incidentals (except those designated as Government-furnished) to complete the work.

The overall objective is to re-design the previously delineated Stream Reach 2 of Upper Newsome Creek to accommodate for the valley-wide restored floodplain and increased budget.

New work elements for the Stream Reach 2 design shall be prioritized as follows:

1. New Channel and/or new channel meander construction. Woody debris structures and grade control structures associated with new channel meanders will also be added to the design.

2. New habitat improvement structures (design similar in nature to what was implemented in stream Reaches 5, 4, and 3).

The design should achieve the following goals while balancing objectives, costs, and benefits:

1. Improve channel morphology & stream function utilizing as much of the restored valley bottom and floodplain as feasible within stream Reach 2

2. Increase fish habitat within stream Reach 2 primarily through the use of stream habitat features (pools, riffles, glides, etc.) and large woody debris.

LOCATION AND ACCESS

See attached Map. The project is approximately 38 mi east of Grangeville, Idaho. At the junction of Highway 14 and the Newsome Cr Road (FR 1858), travel north for approximately 7.0 miles to the gate on the access route developed in 2011. The project BOP is approximately 1.8 miles on an unimproved access route beyond this gate. Access route grades range from 0% - 20%. Maximum grade of 20% is maintained for 0.25 miles descending off ridge to valley bottom. The project is located in T30N, R7E Section 19 and can be reached by automobile (Highway 14 and FR 1858) and high clearance vehicles or 4WD ATV (access route). Latitude and longitude information for Reach 2 is as follows:

Beginning of Reach 2:

45 degrees 55’30.31”N

115 degrees 38’5.79”W

End of Reach 2:

45 degrees 54’36.07”N

115 degrees 37’39.08”W.

Access on the 1.8 mile unimproved route is limited to foot travel prior to contract award and until snow free. Project area is typically snow covered from November-June.

ABREVIATIONS

1. FEIS – Final Environmental Impact Statement

2. ROD – Record of Decision

2. SHPO – State Historic Preservation Officer

3. TMDL – Total Maximum Daily Load

4. USGS – United States Geological Survey

5. USFS – United States Forest Service

6. USFWS – United States Fish and Wildlife Service

PRE-BID CONFERENCE

A pre-bid conference will be held on April 19 at 1:00 PM at the Nez Perce- Clearwater National Forests’ Grangeville Office, 104 Airport Road, Grangeville, ID 83530. Please bring a copy of the solicitation/attachments with you or request a hardcopy if necessary. Pictures of the current condition of Reach 2 as well as the restored condition of Reaches 3 -5 will be presented.

Interested vendors are encouraged to submit all questions in writing to Karen Ruklic at kruklic@fs.fed.us at least five (5) days prior to the conference; however, questions will be considered at any time prior to or during the conference. Prior to the conference, vendors will be asked to confirm verbal questions in writing.

CONTRACTOR WORK REQUIREMENTS AND STANDARDS

1) The contractor shall provide a base habitat design for Reach 2 which includes maps, drawings, material lists and technical specifications with adequate detail for implementation. The Reach 2 design approach shall be consistent with the restoration approach for Reaches 4 and 5 (see pictures) except where altered below.

2) The design will specify the locations of the stream centerline and bankful dimensions (i.e. latitude, longitude, and elevation) for new channel locations and/or meanders. New channel alignments shall consider those recommended for relocation by Alternative 4 of the Feasibility Study (for NEPA consistency). The contractor shall furnish topographic site surveys resulting in a map with 1.0 foot contour intervals for those sections of reaches where new channel relocations will be designed. The topographic maps should extend across the valley floor, including the base of the adjacent slopes.

3) The design will address specifications and locations for key elements of the system of large in-stream wood (i.e. latitude, longitude, and elevation).

4) The Contractor’s designs will incorporate measures to protect and preserve all cultural resource sites/objects denoted in the reports from the Nez Perce Tribe, Forest Service, SHPO, and the feasibility study.

5) Cost estimates for implementing the design work elements shall be prepared. Native material sources (* see paragraph at the end of this section) will be identified in the design and will be located as close as possible to work areas, to help minimize costs.

6) The contractor shall perform sediment transport analysis to validate that the channel improvements will function as designed, including provisions for bed load transport, bed scouring, bank erosion and floodplain function.

7) The wetlands in Reach 2 should be mapped, spatially quantified and integrated with the design. Contractor will provide sufficient detail for permitting designs under Section 404 of the Clean Water Act and Idaho Stream Channel Alteration Act, including a map of affected areas and the volumes of dredge and fill material below the high water mark.

* Native materials consist of rock (boulder and large cobble), large woody debris, and soil. Relatively clean rock should be available in the existing tailings piles.

Considerations in Developing Design:

1) Contractor-prepared conceptual design will be approved by the Forest Service prior to development of the draft detailed design. The draft detailed design will be approved by the Forest Service prior to development of the final designs

2) The in-channel portion of the design should use natural channel design concepts along with the existing design. The fish habitat improvements should appear as natural as possible but not at the expense of detracting from their function.

3) Cost of implementation versus benefits derived shall be considered.

4) Consideration should be given to how the stream banks on new meander bends or slight course changes will react to the first 3-5 spring runoff cycles.

5) The conceptual design outlined by Alternative 4 of the Feasibility Study provides for a range of two channel alignments. The contractor should propose the optimum alignment, working within that range and using the considerations above.

6) The drawings will not need to be stamped by a Professional Engineer or Licensed Surveyor.

7) In order to ensure the integrity and fairness of the competitive solicitation process for the construction stages of the project, the Contractor shall keep the construction cost estimates confidential.

8) No contract for the construction of a project shall be awarded to the firm that designed the project or its subsidiaries or affiliates. This prohibition extends to any subcontractor for the project or firms with whom key design employees are employed.

Documentation Requirements:

Two copies of all documentation listed below shall be provided to the Government in hardcopy and electronic form, as appropriate. Electronic information should be compatible with the Microsoft Office family, ArcGIS and/or AutoCad format and formatted in a manner that is easily edited by the Government.

1) Copies of any new raw field data and compiled data associated with the design, including channel and valley cross-sections shall be provided to support habitat design beyond that already provided in the 2008 Habitat Design or 2004 Feasibility Study.

2) Contractor shall provide a written report documenting techniques, analysis, and conclusions for the design work.

3) Contractor shall provide “construction-ready” maps, drawings, material lists, technical specifications and supporting documents. A template will be provided by the government for the drawings (plan set).

4) A cost estimate for the design work elements will be provided to support project implementation.

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.

Upon written request, the Government will make any/all of the following materials available to the successful Contractor at the Nez Perce-Clearwater National Forests Grangeville Office.

1) Copies and/or electronic scans of the latest aerial photo runs and low-level aerial photo runs, including the un-dredged reach upstream of Radcliff Creek.

2) Existing water temperature and fish habitat data.

3) Stream gaging data will be provided by the USFS for Red River and South Fork Red River. Stream gaging data for the South Fork Clearwater River is available on-line through the USGS.

4) Newsome Creek Ecosystem Analysis at the Watershed Scale.

5) Newsome Creek Watershed Restoration FEIS and all associated documentation (cultural resource reports and data, Biological Assessments, Biological Opinions, etc).

6) 2008 and 2010 Upper Newsome Creek Restoration Design Packages

PERFORMANCE SCHEDULE

Estimated June 1, 2016

Reviewed by July 31, 2016

Reviewed by September 30, 2016

CONTRACT CLAUSES

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;

(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—

(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

(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.

(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:

(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.

FAR 52.212-4 Addendum to - Contract Terms (MAY 2015) Add the following clauses incorporate by reference:

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2015)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.242-14 Suspension of Work (APR 1984)

52.245-1 Government Property (APR 2012) 52.245-9 Use and Charges (APR 2012)

Add the following clauses incorporated in full text:

KEY PERSONNEL

The key personnel specified in the Offeror's Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

CONDITIONS ON USE OF PREMISES (Camping)

(a) Camping will be allowed only at the sites designated on the project maps or approved in advance by the Contracting Officer.

(b) No improvements of a permanent nature shall be constructed without prior written approval of the Contracting officer.

Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. Final payment will not be authorized until the campsite has been cleaned up and the site is approved by the Contracting Officer or his designated representative. Reusable native material may be neatly stacked for future use.

(c) Livestock will not be permitted without written approval from the Contracting Officer.

(d) Vegetation shall be undisturbed to the maximum extent possible. The Contractor will be permitted to cut only those trees designated by the COR.

(e) Storage of petroleum products in excess of 50 gallons at the campsite will require the approval of the COR. All petroleum spills shall be immediately cleaned up. All spills shall be reported immediatly to the CO or COR. Spills over 25 gallons or that cause a sheen on surface water shall be reported to the Idaho State Department of Enviromental Quality. No waste disposal of petroleum product will be permitted on National Forest land.

(f) Chemical toilets are preferred for all campsites, however, the Contractor may be permitted to construct a slit trench when conditions warrant. Any slit trench constructed shall not be located closer than 400 feet to any live stream and is subject to approval of the COR. The trench shall be covered and the area restored to as natural a condition as possible when the camp is closed.

(g) Refuse including waste materials, garbage, and rubbish of all kinds, shall be disposed of in the following manner, and shall guard the purity of streams and living waters:

Garbage, trash, sewage waste, and other litter shall be kept in closed fly-proof containers and periodically hauled to an approved disposal facility located outside of the National Forest.

(h) Waste water shall be disposed of in a leach pit located at least 300 feet from springs, streams, and lakes. The pit shall be a minimum of 2 x 2 x 2 feet and shall be filled with rock two to eight inches in diameter. The leach pit shall be covered with at least two feet of compacted soil when the camp is closed.

(i) No waste or by-products shall be discharged if it contains any substances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies.

Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would result in substantial harm to fish and wildlife or to human water supplies.

(j) The camp area shall be maintained to present a clean, neat, and orderly appearance. Disposal of trash and debris, unusable machinery, Forest Service authorized improvements, etc., shall be kept current. Building materials, firewood, etc., shall be neatly stacked.

The campsite shall be left in a clean condition. Any clean-up work not accomplished by the Contractor at time of camp closure will be done by the Forest Service, and the actual cost of such clean-up will be deducted from payment otherwise due the Contractor.

CAMPING: The Contractor shall request a camping permit from the COR for each area in which the contractor’s crew plan on camping within the National Forest boundary.

Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must enroll at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

IDAHO WORKERS COMPENSATION LAW

(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the Contractor must provide a completed State of Idaho Certificate of Verification of Workers’ Compensation Insurance form to the Government. This form will be submitted to the Idaho Industrial Commission by the Government in order to assure that the Contractor in line for award has the required worker’s compensation coverage or is exempt from the requirement for coverage.

(b) A copy of the State of Idaho Certificate of Verification of Workers' Compensation Insurance form has been provided for use in Section J and shall be completed and submitted as part of the offer.

(c) This certificate of verification shall be fully executed by the Contractor and signed by the Industrial Commission Compliance Officer prior to issuance of the Notice to Proceed.

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 31, 2016. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful quoter will receive the notice to proceed by May 15, 2016. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed.

FAR 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

GS-5/GS-7 Technician

$13.54 per hr/$16.77 per hr

GS-9/GS-11 Professional

$20.52 per hr/$24.83 per hr FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (FEB 2012) Alternate I (FEB 2012)

(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, 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, amended and/or subsequently enacted.

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 15 days after the date of contract award. The conference will be held at the Nez Perce- Clearwater National Forests’ Grangeville Office, 104 Airport Road, Grangeville, ID 83530. Teleconferencing shall also be considered.

FAR 2.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2016)

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

(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553…