S140010CompleteSolicitationPkg.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. RFP AG-03R6-S-14-0010 HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY.

This copy should be retained by offerors.

FS-6300-45 (11/79)

Issuing Office:

U.S. Department of Agriculture Forest Service Western Montana Acquisition Zone 24 Fort Missoula Road Missoula, Montana 59804

Offers Are Solicited For:

Lands Program Realty Specialist

Northern Region Missoula, Montana

SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 700) 1 36 PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

AG-03R6-S-14-0010

SEALED BID (IFB)

28 AUG 2014

NUMBER

NEGOTIATED (RFP) 655532

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

USDA – Forest Service Western Montana Acquisition Zone 24 Fort Missoula Road Missoula, MT 59804

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

SOLICITATION

9. Sealed offers in original and 3 Copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in 24 Fort Missoula Road, Missoula, MT 59804 until 4:00 pm local time 30 SEPT 2014 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

A. NAME

B. TELEPHONE NO. (NO COLLECT

CALLS)Area Code/Number/Extension

C. E-MAIL ADDRESS

EMAIL: Greg Treible gtreible@fs.fed.us

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 12

X B SUPPLIES OR SERVICES AND PRICES 1 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 2 X J LIST OF ATTACHMENTS 1

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 2 X

K REPRESENTATIONS, CERTIFICATIONS AND 7

X F DELIVERIES OR PERFORMANCE 1 OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 1 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 5

X H SPECIAL CONTRACT REQUIREMENTS 1 X M EVALUATION FACTORS FOR AWARD 2

OFFER (Must be fully completed by offeror)

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS

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

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

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

15A. NAME AND ADDRESS OF OFFEROR CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

TIN: ____________________

DUNS: _____________________

OFFER (Type or Print)

15B. TELEPHONE NO. (Include area code and extension) 15C. Check if remittance address

17. SIGNATURE

18. OFFER DATE

is different from above – enter such address in Schedule.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. 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.

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c) http://www.ipp.gov/

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Northern Region

Missoula, Montana

B- 1 Schedule of Items

See the attached Schedule of Items

NOTE: THIS SCHEDULE IS FOR PAYMENT PURPOSES ONLY. SEE SECTION L FOR

BUSINESS PROPOSAL.

B- 2 Basis of Award

One contract will be awarded. Offerors must submit prices for all items and subitems. See Section L for instructions for proposal preparation and Section M for the basis of award.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C- 1 Scope of Contract

(a) Background:

The Land Status Record System (LSRS) is the official, permanent repository for all agency realty records and land title documents for National Forest System (NFS) lands. It includes an automated database which contains an accurate account of: acreage, condition of title, administrative jurisdiction, rights held by the United States on public and private land, administrative and legal use restrictions, encumbrances and access rights.

The components of this system include but are not limited to:

A current and accurate Land Status Atlas for each National Forest and Grassland

Jurisdiction of and condition of title to NFS lands

All encumbrances on NFS lands

All partial interests administered by the Forest Service on other lands

All use restrictions, withdrawals and special designated areas on NFS lands

Acreage of NFS lands

An automated database (electronic LSRS)

(b) Scope of Work:

1. The scope of this contract will include all duties required to update and maintain Regional Land

Status Record Systems.

2. Support of the national Lands and Realty Management Program and its goals by supporting automated lands business processes, including but not limited to: Automated Lands Program

(ALP). Electronic LSRS, or any successors.

This work is being solicited as a performance based service contract. Performance based means the

Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.

C- 2 Location and Description

This project is currently located at the Northern Region Headquarters, 200 East Broadway, Missoula, Montana 59807 or any other site where the Northern Region Land Status Program functions.

C- 3 Access to Government Facilities

Contractor will be provided with all security credentials required for entry into USDA Forest Service offices and for use in USDA computer systems. Security measures required by HSPD12 and/or any other credentials not yet in place but required by the USDA to perform routine duties will be provided.

Contractor will be provided access to all resource material necessary (files, surveys, proclamations etc.) to update, edit, and amend the LSRS.

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): 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

52.246-4 Inspection of Services - Fixed-Price (AUG 1996)

E- 2 Government Quality Assurance

Quality assurance will be performed by the Government during the contract at regular intervals. Methods may include visual survey and review of Contractor quality control documents. Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction. See the attached Performance Requirements Summary for how Quality Assurance will be performed for specific items on the Schedule.

E- 3 Contractor Quality Control

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.

1. Quality Control Plan. The Contractor shall establish and maintain a complete Quality Control Plan to ensure the requirements of the contract are provided as specified. One copy of the Contractor’s

Quality Control Plan shall be provided to the Contracting Officer as part of the Contractor’s proposal. An updated copy if needed must be provided to the Contracting Officer on the contract start date and as changes occur.

Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

A description of the site specific quality control inspection plan shall be provided within thirty

(30) days of contract award. The plan shall include; (1) control procedures for security of

Government-provided items such as required credentials, keys, and lock combinations; (2) location of the inspection documents; (3) corrective or preventive actions that will be taken to meet quality standards; and (4) a customer comments feedback system.

2. Government Review. The Government will review the Contractor Quality Control Plan to determine if it is adequate. If the plan is adequate, the Government will accept the plan. If the plan is not adequate as submitted, the deficiencies will be identified to the Contractor in writing. The http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

Contractor shall correct all identified deficiencies and submit a corrected Contractor Quality

Control Plan within 10 working days or contract start date, whichever is sooner.

Note: The Government reserves the right to modify performance standards and/or metrics during the life of this contract; in order to ensure that the right outcomes are being assessed and that the performance standards are appropriate. Changes will be accomplished via a contract modification.

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition

52.242-14 Suspension of Work (APR 1984)

F- 2 Contract Period and Renewal Option

The contract period shall extend for one calendar year from the date of award. However, at the option of the Government, the contract may be renewed for additional one year periods, not to exceed four renewal periods, provided the Contracting Officer serves notice of renewal at least 60 days prior to contract expiration.

F- 3 Performance Period

Base Year: 1 October 2014 through 30 September 2015

Option Year 1: 1 October 2015 through 30 September 2016

Option Year 2: 1 October 2016 through 30 September 2017

Option Year 3: 1 October 2017 through 30 September 2018

Option Year 4: 1 October 2018 through 30 September 2019

Contract Time for each Performance Period is 365 calendar days.

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1 Measurement and Payment

Payments will be made in accordance with FAR 32.102 (f). Performance-based payments are contract financing payments made on the basis of –

(1) Performance measured by objective, quantifiable methods;

(2) Accomplishment of defined events, or

(3) Other quantifiable measures of results.

G- 2 Basis of Payment

In order for a payment to be processed and paid, a proper invoice must be submitted. Contractor invoices must include the elements listed below, per FAR 52.232-25. Failure to submit an invoice that contains all of the elements listed below may delay payment at no extra cost to the Government (e.g. Interest).

Contractor Name and Address. (This address should match the address in the System for Award

Management (SAM).)

Contractor email address.

Invoice date and number. (Invoice numbers must be unique and shall never be repeated.)

Contract Number. (e.g. AG-03R6-C-14-0000)

Description, quantity, unit of measure, unit price, and extended price.

Delivery/Shipping and payment terms, as applicable.

Remit to information

Name (where applicable), title, telephone number, and mailing address of person to notify in the event of a defective invoice.

Tax Identification Number

DUNS Number

G- 3 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 alone will no longer be accepted. Itemized invoices prepared in accordance with Section G- 2 shall be attached electronically to the IPP invoice and submitted simultaneously.

http://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 Use of Premises

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform his contract in such a manner as not to interrupt or interfere with the conduct of

Government business.

H- 2 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.

H- 3 Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition

Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System

(CPARS).

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor

Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

H- 4 Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition

52.202-1 Definitions (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006)

52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

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

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012)

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

52.215-15 Pension Adjustments and Asset Reversions (OCT 2010)

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions

(JULY 2005)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-8 Utilization of Small Business Concerns (MAY 2014)

52.222-3 Convict Labor (JUNE 2003)

52.222-26 Equal Opportunity (MAR 2007)

52.222-35 Equal Opportunity for Veterans (JUL 2014)

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

52.222-37 Employment Reports on Veterans (JUL 2014)

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

52.222-41 Service Contract Labor Standards (MAY 2014)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment

(Multiple Year and Option Contracts) (MAY 2014)

52.222-50 Combating Trafficking in Persons (FEB 2009)

52.222-54 Employment Eligibility Verification (AUG 2013)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

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

52.227-1 Authorization and Consent (DEC 2007)

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

52.227-14 Rights in Data - General (MAY 2014)

52.228-5 Insurance-Work on a Government Installation (JAN 1997)

52.229-3 Federal, State, and Local Taxes (FEB 2013)

52.232-1 Payments (APR 1984)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-17 Interest (MAY 2014)

52.232-18 Availability of Funds (APR 1984)

52.232-23 Assignment of Claims (MAY 2014)

52.232-25 Prompt Payment (JUL 2013)

52.232-33 Payment by Electronic Funds Transfer—System for Award Management (JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.233-1 Disputes (MAY 2014) Alternate I (DEC 1991)

52.233-3 Protest After Award (AUG 1996)

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

52.236-5 Material and Workmanship (APR 1984)

52.237-11 Accepting and Dispensing of $1 Coin (SEPT 2008)

52.239-1 Privacy or Security Safeguards (AUG 1996)

52.242-13 Bankruptcy (JULY 1995)

52.243-1 Changes - Fixed-Price (AUG 1987) Alternate I (APR 1984)

52.246-25 Limitation of Liability - Services (FEB 1997)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)

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

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

452.247-71 Marking Deliverables (FEB 1988)

I- 2 Requirement to Complete USDA Privacy Basics Course

USDA Policy requires that all contractors who have access to, processes, or maintains protection of personal information maintained by the Forest Service successfully complete the USDA Privacy Basics training course. Contractors are required to complete the course prior to the performance start date or no later than 30 days after contract award or notice to proceed. The Contractor will be provided training course materials and instructions for course completion.

I- 3 FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS

PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the

Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the

Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

I- 4 AGAR 452.204-71 Personal Identity Verification of Contractor Employees (OCT 2007)

(a) The Contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 2620-002 series.

(b) Should the results of the PIV process require the exclusion of a Contractor’s employee; the

Contracting Officer will notify the Contractor in writing.

(c) The Contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA

LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the Contractor. Contractor employees may be barred by the Government from performance of work should they be found ineligible or have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine unaccompanied physical access to a Federally-controlled facility and/or routine unaccompanied access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the

COR/COTR, unless otherwise specified in this contract. The PIV Sponsor will be available to receive

Contractor identity information from 0800 – 1600 hours, Monday through Friday at the location specified in Section C- 2. The Government will notify the Contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the Contractor’s responsibility to meet all aspects of paragraphs (c), (d),and (e).

I- 5 FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(JUL 2013)

(a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs.

“Months of award” means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

“Total compensation” means the cash and noncash dollar value earned by the executive during the

Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR

229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub.

L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub.

L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause requires the disclosure of classified information

(d) (1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the

Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of

1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (h) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor’s physical address including street address, city, state, and country.

Also include the nine-digit zip code and congressional district.

(viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137850 http://uscode.house.gov/lawrevisioncounsel.shtml http://www.sec.gov/answers/execomp.htm http://www.fsrs.gov/

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the

Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime contract award date), the

Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at http://www.fsrs.gov, if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of

1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph (d).

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.

(g) (1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.

http://www.sec.gov/answers/execomp.htm

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and

FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information.

I- 6 FAR 52.204-13 System for Award Management Maintenance (JUL 2013)

(a) Definitions. As used in this clause—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for

Federal contractors.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts

(see the FAR at subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the

DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the

Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and

Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective

Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the

Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with

FAR Subpart 4.14; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible 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 http://www.fsrs.gov/ http://acquisition.gov/far/current/html/Subpart%2032_11.html#wp1043964 http://acquisition.gov/far/current/html/Subpart%204_14.html#wp1075239 http://acquisition.gov/far/current/html/Subpart%204_14.html#wp1075239 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.

(c) (1) (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 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 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible

Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(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.

(2) 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 FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. 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.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the

Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at http://www.acquisition.gov.

http://acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 http://acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 http://acquisition.gov/far/current/html/Subpart%2032_8.html#wp1029202 http://fedgov.dnb.com/webform http://www.acquisition.gov/

I- 7 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 section 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.

I- 8 FAR 52.217-6 Option for Increased Quantity (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified.

The Contracting Officer may exercise the option by written notice to the Contractor within 1 week.

Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

I- 9 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 60 days.

I-11 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

In compliance with the Service Contract Labor Standards statute 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-12, Step 3 $35.52

I-12 AGAR 452.228-71 Insurance Coverage (NOV 1996)

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

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable

Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least

$100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

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

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

I-13 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.

I-14 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.

I-15 FAR 52.246-20 Warranty of Services (MAY 2001)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the

Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract.

The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance by the Government. This notice shall state either--

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

I-16 FAR 52.252-6 Authorized Deviations in Clauses (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION): after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR Chapter 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

The following attachments are a part of this solicitation and any resulting contract (see separate document(s)).

J- 1 Schedule of Items, Page: 1

J- 2 Wage Determination No. 2005-2317, (Rev. 14), Dated 07/25/2014; Page(s): 9

J- 3 Performance Requirements Summary, Page(s): 3

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

K- 1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 REGULATIONS (48 CFR CHAPTER 1)

52.222-52 Exemption from Application of the Service Contract Labor Standards for Certain

Services—Certification (MAY 2014)

K- 2 FAR 52.204-8 Annual Representations and Certifications (MAY 2014)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is

541191.

(2) The small business size standard is $11 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the…