s080121_solicitation_pkg.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 39

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

AG-03R6-S-08-0121

DATE

08/01/2008

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Dale Reckley calls) 406-329-3756 LOCAL TIME INFORMATION CALL: 8/19/2008 4:00 p.m.

9. ISSUED BY CODE 10. THIS ACQUISITON IS

USDA – Forest Service UNRESTRICTED OR SET ASIDE: 100 % FOR

Western Montana Acquisition Zone SMALL BUSINESS EMERGING SMALL

BUSINESS

Building 24, Fort Missoula Missoula, MT 59804

HUBZONE SMALL

NAICS: 926140 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: None OWNED SMALL BU INESS S

13b. RATING 12. DISCOUNT TERMS 11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MA KED

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700) R

SEE SCHEDULE 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Delivery Schedule Same as Block 9

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE OFFEROR CODE Submit invoice to COR for the work performed. Invoice will be reviewed and approved or rejected by the COR within 7 days of receipt of the invoice. Rejected invoices must be corrected and resubmitted.

COR will forward the approved invoice to the CO who will submit to:

DUNS NO: __________________

USDA, OCFO, COD, APB

P.O. Box 60075 New Orleans, LA 70160

TELEPHONE N0.

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

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Weed Mapping on the Lolo National Forest

Various Counties, Montana

PLEASE PLACE YOUR QUOTE IN SECTION B –

SCHEDULE OF ITEMS

Along with pricing, Quoters must submit the Experience Questionnaire and the resumes of personnel expected to work on this project.

(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 _______________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (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.3/2005)

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. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE 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)

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

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

Weed Mapping/Lolo NF

SECTION B - SERVICES AND PRICES

Item 1 – Base Year (2008 - 2009)

Item No. Description Unit Unit Price

1.1 Roadside Weed Inventory - Inventory cost / acre according to attached NRIS

/ TERRA specifications – inventory on road and 20 feet either side of road

Acre

1.2 Burned Area Weed Inventory - Inventory cost / acre according to attached specifications

1.3 Trailside Weed Inventory - Inventory cost / acre according to attached specifications – inventory 10 feet either side of trail

1.4 Streamside Weed Inventory - Inventory cost / acre according to attached specifications – inventory 20 feet either side of high water mark

1.5 Wildland Weed Inventory - Inventory cost / acre according to attached

Item 2 - Option Year 1 (2009 - 2010)

2.1 Roadside Weed Inventory - Inventory cost / acre according to attached NRIS

2.2 Burned Area Weed Inventory - Inventory cost / acre according to attached

2.3 Trailside Weed Inventory - Inventory cost / acre according to attached

2.4 Streamside Weed Inventory - Inventory cost / acre according to attached

2.5 Wildland Weed Inventory - Inventory cost / acre according to attached

Item 3 – Option Year 2 (2010 – 2011)

3.1 Roadside Weed Inventory - Inventory cost / acre according to attached NRIS

3.2 Burned Area Weed Inventory - Inventory cost / acre according to attached

3.3 Trailside Weed Inventory - Inventory cost / acre according to attached

3.4 Streamside Weed Inventory - Inventory cost / acre according to attached

3.5 Wildland Weed Inventory - Inventory cost / acre according to attached

NOTE: Prospective quoters must submit a list of professional weed management qualifications, weed mapping and identification experience for each person in their firm who would work on this contract.

Each person must have a demonstrated ability to identify invasive and noxious weeds found in Montana and surrounding States; proficiency in GPS, Arcview and Arcpad mapping applications; and proficiency and experience in map reading and backcountry navigation. Minimum qualifications are a Bachelors of Science (BS) in Botany, Weed Management, Plant Ecology or Forestry, or ability to demonstrate applicability of a related degree or possess a minimum of 2 years professional experience in wildland weed management or a related field. Quoters must also submit a survey plan and schedule explaining how they would accomplish the inventory.

Quote on all items.

Basis of Award

One award will be made. Offer of award will be made to the Offeror whose quote, as determined by the Contracting Officer, provides the best value to the Government, considering but not limited to, such factors as price, past performance, and personnel qualifications to accomplish this type of work.

The Experience Questionnaire will be used as part of this evaluation. Additionally, a resume must be submitted detailing the abilities of each person proposed to work on this contract in accordance with the NOTE above.

Scope of Contract

Inventory weeds as per attached specifications and report findings to the Lolo National Forest. The Contractor shall provide all necessary supplies, supervision, and transportation necessary for the completion of this work

FS COR/Contact: Andy Kulla (406) 329-3962.

Estimated Starting Date: September 2, 2008

Contract Time: This is a three year indefinite delivery/indefinite quantity contract consisting of a base and two, one-year options. Task orders will be issued for individual projects as funding is available.

Location and Description

Projects are located across the Lolo National Forest.

Site Visit

No site visit is planned for this project. For further information, contact Andy Kulla (406) 329-3962.

Lolo National Forest, Invasive Species - Weed Mapping Protocols and Specifications

The task is to map 32 species of weeds on designated areas of the Lolo National Forest. Polygon and attribute data will be collected using portable data recorders following the agency protocol standards for the TESP/Invasive Species Application. If the system is not available, the data may be collected in ArcGIS 9.2 Personal Geodatabases with one feature class per species, per coverage type for later transfer to the corporate system. The attributes below will be collected for each site:

The data would follow the National inventory protocols and as a minimum would include the required field for Invasive Species Protocol described below.

Project Code Enter the FS designated code for the project.

Geographic Name – 10 characters max.

Examiner Enter examiner’s /Contractor’s name - Alpha.– only need one.

Site ID Refers to unique infestation identifier for a, polygon, 30 characters max.

2 = region (01) 2 = forest (16) 2 = district (XX) 6 = official weed name - 4 to 6 character combination – see below 1 = underscore to break a long string of otherwise confusing letters 12 = site type and identifier (chose from below)

ADM = Administrative sites REC = Campgrounds, Campsites, Rec Areas, Trailheads –add abbrev for site name ELEC = Electronic sites – add abbrev for site name GPMRO = Gravel pits, Mines, Rock operations – add abbrev for name LINEAR = Linear features such as utility rights of ways RANGE = Range sites and allotments – add abbrev for allotment name RD = Road – add road number TR = Trail – add road or trail number SKI = Ski Areas – add abbrev for ski area name BURN = Burned areas - add abbrev for burn name OTHRDIST = Other disturbed area such as landings, staging areas, project or fire camps BGWR = Big game winter range - add abbrev for name RIP = Riparian areas – add waterway abbreviation WILD = Wilderness, backcountry, roadless - add abbrev if named

1 = underscore to break a long string 4 = sequential number from 0001 to 9999 to identify multiple populations in one site or multiple surveys

Do not use any special characters such as # / “ etc.

EXAMPLE: of 30 characters: 011607CRVU2_ADMSTREGIS_0012 means Region One, Lolo NF, Superior Ranger District, common crupina, administrative site at St. Regis, twelveth population of that plant found at that site.

Start Date Record the calendar month, day, and year the site information was gathered. The Format is MM/DD/YYYY.

Region Enter Region code, default to Region 01

Forest Enter Forest code, default to Forest 16

District Enter Ranger District code:

03 – Missoula 04 – Ninemile 05 – Plains/Thompson Falls 06 – Seeley Lake 07 – Superior

Proclaimed Unit The Lolo NF is 0266 0116

Ownership Record land ownership where the site is located. In the case of multiple

Ownerships, record the ownership where most of the site infestation is located. Default toUSFS for this project

State Code Record the State code (default to MT) for the state in which the infestation is located. MT = 30

County Code County in which infestation is located:

Missoula – 063 Mineral – 061 Sanders – 089 Granite – 039 Powell – 077 Flathead – 029 Lewis & Clark – 049 Ravalli – 081 Lake – 047

Dominant Life Form Dominant or most common life form on the site, TR = tree; GR = grass, FB = forb, SH = shrub

Plant Code Enter the alpha-numeric code from the NRCS PLANTS database (see below).

Infested Area The area of land in acres containing one weed species. An infested area of land is mapped by delineating a line around the actual perimeter of the infestation as defined by the canopy cover of the weeds.

Infested Area UoM Enter unit of measure for infested area (in acres ).

Location Latitude and Longitude (degrees, minutes, and decimal minutes )

Nox_Weed Cover Code Range Midpoint Classes L 0-5.0% 2.5% M 5.0-25.0% 15.5% H 26+%

MAP CODE COMMON ABREV. SCIENTIFIC

1 white bryony BRAL4 Bryonia alba 2 cheatgrass BRTE Bromus tectorum or japomicus 3 white top CADR Cardaria draba 4 musk thistle CANU4 Cardus nutans 5 diffuse knapweed CEDI3 Centaurea diffusa 6 spotted knapweed CEMA4 Centaurea maculosa 7 Russian knapweed CERE6 Centaurea repens 8 yellow starthisle CESO3 Centaurea solstitalis 9 rush skeletonweed CHJU Chondrilla juncea 10 field bindweed COAR4 Convolvulus arvensis 11 oxeye daisy CHLE80 Chrysanthemum leucanthemem 12 ` Canada thistle CIAR4 Cirsium arvense 13 common crupina CRVU2 Crupina vulgaris 14 houndstongue CYOF Cynoglossum officinale 15 blue weed ECVU Echium vulgare 16 leafy spurge EUES Euphorbia esula 17 orange hawkweed HIAU Hieracium aurantiacum 18 meadow hawkweed HIPR Hieracium pratense 19 St. Johnswort HYPE Hypericum perforatum 20 yellow flag iris IRPS Iris pseudacorus 21 dyers woad ISTI Isatis tinctoria 22 perennial pepperweed LELA2 Lepedium latifolium 23 Dalmatian toadflax LIDA Linaria dalmatica 24 common toadflax LIVU 2 Linaria vulgaris 25 purple loostrife LYSA2 Lythrum salicaria 26 sulfur cinquefoil PORE5 Potentilla recta 27 tall buttercup RAAC3 Ranunculus acris 28 tansy ragwort SEJA Senecio jacobaea 29 tumble mustard SIALZ Sisymbrium altissimum 30 salt cedar TAMAR2 Tamarix spp.

31 common tansy TAVU Tanacetum vulgare 32 mullein VETH Verbascum spp.

Final Product/Format:

1) a. A one text page summary of inventory results for each project area (Example attached).

b. A text overview summary of the project including observations or recommendations.

c. All text information will be provided in a format compatible with IBM MS Word

Contractor using the TESP/Invasives protocol will provide the PDR with the infestation data to be downloaded by the Lolo NF at the end of the project. There will be at least one data checks within 2 weeks of project start.

2) Spatial Data. All spatial data will be in a polygon feature class.

If the Contractor is using TESP/Invasives the Contractor will store all spatial data using the PDR or in an ArcGIS 9.2 Personal Geodatabase named new inventory.

If the Contractor is not using TESP/Invsavies TERRA, the spatial data will be in an Arc GIS 9.2 Personal Geodatabase stored on a CD, accompanied by a projection file with the following attributes:

Projection STATEPLANE Zone 2500 Datum NAD83 Units FEET

If the Contractor is not using TESP/Invasives Spatial the ArcGIS 9.2 Personal Geodatabase table must include the following fields:

ITEM NAME WIDTH OUTPUT TYPE

#. OF

DECIMALS

Area 8 18 Number 5 Perimeter 8 18 Number 5 Start Date 10 10 Date NA Site ID 30 30 Text NA Project Code 10 10 Text NA

There must be one feature for each attribute record.

3) a. Paper maps at scale of 1:24,000 will include ocular estimates of infestations larger than 40 acres.

4) A CD(s) with the final project area map(s) showing all of the weeds inventoried and the summary sheet(s).

EXAMPLE OF SUMMARY OF INVENTORY RESULTS

Summary of Inventory Results for Project Area

Project Area Name: Blue Mountain 1 District: Missoula Ranger District Total Acres: 3445 Infested Acres: 3445 Inventory Date: July to August 2006

Species Code Common Name Cover Code Class

Estimated Acres

BRTE Cheatgrass L M H 2215 CANU4 Musk thistle L M H 101.3 CEMA4 Spotted knapweed L M H 1593 CHLE80 Oxeye daisy L M H 0.5 CIAR4 Canada thistle L M H 30.5 COAR4 Field bindweed L H 300.4 CYOF Houndstongue L M H 56.2 EUES Leafy spurge L M H 245.2 HIPR Meadow hawkweed L 0.1 HYPE St. Johnswort L H 2.6 LIDA Dalmation toadflax L 0.1 PORE5 Sulfur cinquefoil L M H 351.5 SIAL2 Tall tumble mustard L M H 223.4 TAVU Common tansy L M H 95.7 VETH Common mullein L M 361.8

Comments:

There is a great deal of weed dispersal occurring on Blue Mountain, as the area is frequented by large numbers of recreationists on bikes, horses, motorcycles, ATVs, vehicles, and hiking. It is also a common place for hiking dogs off leash. Nearly the entire area, with the exception of dense forested canopy, is infested with noxious weeds. Spotted knapweed has started to lightly infest closed logging roads in the SW corner of section 32 in the project area, little or no knapweed was found in these areas during the 2004 mapping. Within the forested areas of the survey, cheatgrass, spotted knapweed, common mullein, and sulfur cinquefoil are most common. Leafy spurge and common tansy infest more moist areas and along roads and trails. The open grassland area of section 3 is highly infested with several overlapping species, including field bindweed and tall tumble mustard.

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions - Commercial Items (FEB 2007)

(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 the Contract Disputes Act of 1978, as amended (41 U.S.C.

601-613). 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 be notified 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 - Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer - Other Than Central Contractor Registration), 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 immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(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. 301, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 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, and Compliance with Laws Unique to Government Contracts 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) Central Contractor Registration (CCR).

(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 CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete.

Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(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 CCR 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 CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

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

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

FAR 52.212-4 Addendum to - Contract Terms (FEB 2007)

Fire Control (See Attachments)

FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award through May 31, 2011.

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

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

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of the value of the first task order, but not in excess of $1,000,000.

FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $100,000;

(2) Any order for a combination of items in excess of $100,000; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(e) Orders may be placed by contracting officers working in the Western Montana Acquisition Zone up to the limits of their individual warrants and in accordance with the ordering limits described herein.

FAR 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after November 1, 2013.

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates, provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract completion.

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 within 10 days of contract completion; 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 60 months.

FAR 52.236-7 Permits and Responsibilities (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence.

The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

AGAR 452.211-75 Effective Period of the Contract (FEB 1988)

The effective period of this contract is from date of award through May 31, 2011.

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ and the Agriculture Acquisition Regulation may be accessed at www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAY 2008)

(a) The Contractor shall comply with the following Federal Acquisition Regulations (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) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)

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

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

(2) 52.219-3, Notice of Total HUBZone Small Business Set-Aside (JAN 1999) (15 U.S.C.

657a).

http://www.arnet.gov/far/

(3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 1999) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(4) Reserved

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

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

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

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

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

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

(7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

(8) (i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).

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

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

(9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

(10) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEPT 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

(12) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(13) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside (MAY 2004) (15 U.S.C. 657 f).

(15) 52.219-28, Post Award Small Business Program Representation (JUNE 2007) (15 U.S.C. 632(a)(2)).

(16) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

(17) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

(18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

(19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212).

(21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C.

793).

(22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212).

(23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

(24)(i) 52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to all contracts)

(25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii).

(ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

(26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

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

Alternate I (DEC 2007) of 52.223-16.

(28) 52.225-1, Buy American Act-Supplies (JUNE 2003) (41 U.S.C. 10a - 10d).

(29)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (AUG 2007) (41 U.S.C. 10a - 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108- 78, 108-286, 109-53 and 109-169).

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

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

(30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(31) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42. U.S.C.

5150).

(33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42. U.S.C. 5150).

(34) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f).

(35) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

(36) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration

(OCT 2003) (31 U.S.C. 3332).

(37) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

(38) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

(39) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

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

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, which 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:

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

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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

351, et seq.).

(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

(7) 52.237-11, Accepting and Dispensing of $1 Coin (AUG 2007) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-- Negotiation.

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

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

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

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

(i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

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

(vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

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

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

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

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

USDA Forest Service

EXPERIENCE QUESTIONNAIRE

Instructions: See Box 11, Remarks, if extra space is needed to answer any item below, Mark “X: in appropriate boxes.

1. Contractor Name, Address, and Telephone Number

2. Submitted to (Office Name and Address)

3. Business [ ] Company [ ] Co-partnership [ ] Corporation [ ] Individual [ ] Non-profit Organization

4. How many years do you or your firm have in the line of work contemplated by this solicitation?

5. How many years experience have you or your business had as a (a) prime contractor ____ and/or (b) sub-contractor ____?

6. List below the projects your business has completed within the last three years:

Contract Amount

Type of Project Date Completed

Name, Address, and Telephone No. of Owner/Person to Contact for Project Information

7. List below all of your firm’s contractual commitments running concurrently with the work contemplated by this solicitation:

Number

Dollar Amt.

of Award

Name, Address, and Telephone No. of Business/Government Agency Involved

Awarded (Units)

Percent Completed

Date

Complete

8a. Have you ever failed to complete any work awarded to you? [ ] Yes [ ] No 8b. Has work ever been completed by performance bond? [ ] Yes [ ] No 8c. Did you look at the project site(s) on-the-ground? [ ] Yes [ ] No 8d. If “Yes” to either item 8a. or 8b., specify location(s) and reason(s) why:

EXPERIENCE QUESTIONNAIRE CONTINUED

9. Employees and equipment that will be available for this project:

a. (1) Minimum number of employees: _____ and (2) Maximum number of employees: _____

b. Are employees regularly on your payroll: [ ] Yes [ ] No

c. Specify equipment available for this contract:______________________________________________________

d. Estimate rate of progress below (such as 2.0 acres/man/day):

(1) Minimum progress rate:________________ and (2) Maximum progress rate: _________________________

10. List below the experience of the principal individuals of your business. (Who will directly be involved in this contract?)

Individual’s Name Present Position Years of

Experience Magnitude and Type of Work

11. Remarks -- Specify Box Numbers (Attach sheets if extra space is needed to fully answer any above question.):

NOTE: PLEASE PROVIDE ANY ADDITIONAL INFORMATION THAT WILL HELP EVALUATE YOUR ABILITY TO

SUCCESSFULLY COMPLETE THIS PROJECT.

12a. CERTIFYING OFFICIAL’S NAME AND TITLE

CERTIFICATION

I certify that all of the statements made by me are complete and correct to the best of my knowledge, and that any persons named as references are authorized to furnish the Forest Service with any information needed to verify my capability to perform this project.

b. SIGNATURE (Sign in ink) 13. DATE

CONTRACT DOCUMENTS, EXHIBITS,…