Stand_Exam_RFQ.doc

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RECOVERY - Stand Exams Federal contract opportunity
Solicitation number
AG-0489-S-10-0505
Issued by
Department of Agriculture Forest Service Washington Office Economic Recovery Operations Center Northwest

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SOL NO.AG-0489-S-10-0505

Stand Exams

Deschutes National forest, Sisters Ranger District

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
1. REQUISITION NUMBER
PAGE 1 OF
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
379868
2. CONTRACT NO.
3. AWARD/EFFECTIVE
4. ORDER NUMBER
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE
DATE
AG-0489-S-10-0505
DATE

May 12, 2010

a. NAME
b. TELEPHONE NUMBER(No collect
8. OFFER DUE DATE/
7. FOR SOLICITATION
Tonya Rymer
calls) (503) 668-1703
LOCAL TIME

INFORMATION CALL:

June 2, 2010

9. ISSUED BY CODE
10. THIS ACQUISITON IS
EROC NW
FORMCHECKBOX

UNRESTRICTED OR X SET ASIDE: 100 % FOR

Mt Hood National Forest
X SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

16400 Champion Way Sandy, OR 97055

FORMCHECKBOX

HUBZONE SMALL

NAICS: 115310 BUSINESS

FORMCHECKBOX

SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: $7.0 M OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

12. DISCOUNT TERMS
FORMCHECKBOX

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

FORMCHECKBOX

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

Deschutes National Forest Sisters Ranger District

Pine Street & Hwy 20

Sisters, OR 97759

16. ADMINISTERED BY CODE

EROC-NW

Contracting Office

16400 Champion Way

Sandy, Or 97055

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

EROC-NW

Contracting Office

16400 Champion Way

Sandy, Or 97055

TELEPHONE N0.

FORMCHECKBOX

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

OFFER
IS CHECKED

FORMCHECKBOX

SEE ADDENDUM

19.
20.
21.
22.
23.
24.
ITEM N0.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
This project is funded by American Recovery and Reinvestment Act

(ARRA) of 2009

TAS::12 1118::TAS – Recovery – Stand Exams Please complete the following:

DUNS # _______________________________________

TIN # _________________________________________

EMAL _________________________________________

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

25. ACCOUNTING AND APPROPRIATION DATA

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

X
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
X
ARE
FORMCHECKBOX

ARE NOT ATTACHED

FORMCHECKBOX

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
FORMCHECKBOX
ARE
FORMCHECKBOX

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
FORMCHECKBOX

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

01
Intensive Stand Exams – Electronic Collection

*80 Plots have been identified as Mandatory on Exhibit E

Summary Table of Stands and will be awarded under this

Contract. If the Government elects to award any of the optional plots listed on the Summary Table it will be at the same price per plot as the Mandatory plots.

*80
Plots
$__________
$___________

32a. QUANTITY IN COLUMN 21 HAS BEEN

FORMCHECKBOX

RECEIVED

FORMCHECKBOX

INSPECTED

FORMCHECKBOX

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

FORMCHECKBOX

COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV.3/2005) BACK

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

CONTRACT CLAUSES

52.204-11 American Recovery and Reinvestment Act—Reporting Requirements. (Mar 2009)

(a) Definitions. As used in this clause—

“Contract”, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of 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 Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. 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. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded 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) and cooperative agreements; and

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

(ii) The public does not have access to information about the compensation of the senior 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.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

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

(vi) Funding agency.

(vii) 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.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

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

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior 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.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. Alternate II (Apr 2010)

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

_X_ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

__ (5) 52.219-3, Notice of Total HUB Zone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (6) 52.219-4, Notice of Price Evaluation Preference for HUB Zone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (7) [Reserved]

__ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (11)(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.

__ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (15) 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).

__ (16) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (18) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X_ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

_X_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (23) 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).

_X_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

__ (25) 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).

__ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (27)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (30) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (31)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (36) 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)).

__ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X__ (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (39) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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

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

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

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

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

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

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

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

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

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(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), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (May 2009) (Section 1553 of Pub. L. 111-5).

(C) 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.

(D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(E) 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).

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

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

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

(I) 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.).

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

(K) 52.222-54, Employment Eligibility Verification (Jan 2009).

(L) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(M) 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.

(End of clause) 52.215-2 Audit and Records—Negotiation. (Mar 2009)

(a) As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor’s plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor’s records, including computations and projections, related to—

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General.—

(1) The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions.

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating—

(1) The effectiveness of the Contractor’s policies and procedures to produce data compatible with the objectives of these reports; and

(2) The data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition—

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition threshold, and—

(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price determinable type or any combination of these;

(2) For which cost or pricing data are required; or

(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(End of clause)

452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

-- NAICS Code _115310__

-- Size Standard __$7.0 M__

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

CONTRACTOR FURNISHED ITEMS AND SERVICES

CONTRACTOR OBLIGATIONS

Contractor shall furnish all equipment, labor, supervision, transportation, materials, tools, supplies, and incidentals necessary to perform the described work according to the specifications, except as noted under Government Furnished Property below.

The Contractor shall be responsible for any damage to existing structural improvements such as water developments, fences, property line monument(s), bearing trees, road blocks, road surfaces and/or drainage structures as a result of contract activities. The Contractor, at his expense, shall restore damaged property back to its original condition. Not all said improvements will be designated and it will be the responsibility of contractor to use due diligence in avoidance.

EQUIPMENT SPECIFICATIONS

All equipment utilized during contractors operations shall be of durable design and construction to withstand the stresses of the work to be accomplished within the forested setting.

ESTIMATED SIZE OF PROJECT: Contractors are cautioned that estimates are tentative. Final adjustments may need to be made to items to accommodate changes in data collection protocols, project area, priorities, access, specific stand examination needs and budget constraints. It is estimated that up to 300 plots may be surveyed under this contract.

EFFECTIVE PERIOD OF THE CONTRACT

The effective period of this contract is 75 days. Estimated start date is June 15, 2010.

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at Sisters Ranger District Office.

WALK-INS: Due to closures of temporary roads or other blocked access, distance, and geographic location of stands walk-in access may be required. However, there are no walk-ins expected that would be greater than 1 mile.

GENERAL DESCRIPTION OF STANDS TO BE SURVEYED: Maps and copies of aerial photos, and detailed information will be provided for the stands to be examined and will be provided. Stand information will include: stand name and number, acres, number of plots, and aerial photo reference number.

The Project Vicinity Map (Exhibit A), shows the general location of the project area (SAFR Project). Stand vicinity maps (Exhibits B, C, D), will show stand locations and local roads available for access to stands. Maps will include section and township/range lines. The designation of open roads on the map is not guaranteed due to potential differences between the time when the road was last inventoried and today. Some roads that are listed as open may be closed due to weather-caused erosion, debris such as rock, snow or fallen trees or for some other reason not yet recorded in the data base from which the map is constructed. Additional maps showing section and township/range lines and/or contours and/or background ortho photos can be made available at the bidders request. These same maps will be given to successful bidder at the pre-work meeting.

Stand ExamINATION Specifications:

STANDS TO BE EXAMINED

There are 8 mandatory and 28 optional stands to be examined under this contract. Of the optional stands, at least 8 will be selected for examination. The number of plots to be collected per stand will vary depending on the acres of each stand selected (1 plot per 2 acres). All candidate stands are 27-34 year old plantations and 33 of the 36 stands/plantations have been pre-commercial thinned to 16’ spacing. (see Exhibit E – Stand Summary Table)

OVERALL PLOT LOCATION LAYOUT

· Each plot location will consist of 1 large fixed-area center plot and 4 small subplots or satellite plots.

· Frequency: 1 plot location per 2 acres.

· The plot locations will be systemically laid out in each treatment stand so as to have one plot location per two acres. Plots should be systematically laid out to get even coverage of plots across the stand. Plots shall be unbiasedly located based on the systematic grid.

· Where it makes sense given terrain, roads, and stand boundaries, plot grid lines will be established in cardinal directions using a compass.

· Compass declination should be set at 160 East, based on the Lat./Long. of the City of Sisters calculated by NOAA Geomagnetic data at: http://www.ngdc.noaa.gov/geomagmodels/struts/calcDeclination

· Avoid establishing plot locations on skid trails and landings.

· The distance between plot locations can be measured using string box or by accurate pacing.

· Locate all plot centers, and the end of the down woody debris sampling plane (see specifications for measuring down woody debris under the large fixed-area center plot specifications), with a piece of rebar (minimum a18” in length). Rebar should be pounded into the ground so that no more than 5 inches is above ground (to avoid future conflict with equipment such as mowers). Using pre-numbered aluminum plot tags, number plots consecutively. Use heavy wire to affix the plot tag to the rebar. Paint the rebar stake with bright red paint to make it visible. Flag the plot center with blue/white striped flagging along with several trees that surround plot center.

· Plot locations will be GPS’ed at plot center (rebar) so the Sisters Ranger District can enter plot locations in their GIS system.

· Plot location one should be referenced to a tree on unit boundary that will likely not be cut and is visible. Paint three horizontal red stripes at eye-level. Pace from reference tree to plot one. Record azimuth and distance to plot one on recording form and so on for all subsequent plot locations. Write the azimuth and distance to the first plot on an aluminum tag and nail to the base of the reference tree.

· Plot locations should be located to avoid edge effects or conditions that are not indicative of the stand being sampled. Consequently, all plot centers should be at least 90’ from the edge of the stand/plantation.

Large Fixed-Area Center Plot

· All plots will be fixed-area 1/10th acre plots (plot radius is 37.2 feet). No variable plot will be collected

· All plot data will be collected according to the protocols in the U.S Forest Service Common Stand Examination (CSE) User’s Guide (See Government Furnished Property).

· Tree data will be collected on all trees that are equal to or greater than 4.5’ tall. Data on trees < 4.5’ tall will be collected on small subplots (see below).

· The CSE data collection level for all plots will be intensive plots as follows:

The following fields are required depending on the examination level.

Field
Intensive Plot
Plot Number
X
Tag ID
X
Tree Status
X

Tree Class

Site/GST Tree
X
Tree Species
X
Tree Count
X
DBH/DRC
DBH for trees > 4.5 feet tall
Height
Only GST (Growth Sample Tree)

and trees < 4.5 feet tall (subplots only)

Height to Crown
X
Radial Growth
GST only

Radial Growth 2

Height Growth
GST only
Age
GST/Site only
Crown Ratio
Live trees only

Crown Class

Crown Width

Damage Category
X
Damage Agent
X

Damage Part

Damage Severity
X

Wildlife Use

Log/Snag Decay
If Dead/Down is taken

Cone Serotiny

Number of Stems

Remarks
As needed

· Starting from the northerly most tree on each plot, number trees consecutively in a clockwise fashion. Tag each tree greater than 4.5’ tall with a pre-numbered aluminum tag.

If trees are large enough, then tags should be nailed to the tree with a 4-inch aluminum nail. Nail each aluminum tag facing plot center at breast height (4.5 feet) or slightly above or below breast height to avoid branch whorls, damage, or other abnormalities. Be sure to leave as much of the nail exposed (to allow for diameter growth) while insuring the nail will not come out (i.e., some of the nail should be in the wood of the tree). A tree that forks below breast height should be tagged as two trees and numbered accordingly. A tree that forks above breast height should be tagged as one tree.

If trees are not large enough, then tags should be hung using heavy wire on a branch of the tree that is closest to DBH and closest to pointing to plot center. The tag will be hung on the tree within 6” of the bole of the tree.

· Tree Diameters:

· Diameters at breast height (DBH) will be measured for every tree that is taller than 4.5’

· Measure DBH at the location of the nail holding the tree tag. Measure DBH just above the nail with the tape touching the top of the nail. If a tree is too small for a nail/tag then measure DBH at 4.5’ above ground on the uphill side of the tree.

· Down Woody Material – CSE Examination Level 2 (Data shall be collected according to Brown’s Protocol) For this contract, data on down woody material (dead twigs, branches, stems, boles of trees, and brush that have fallen and lie on or above the ground) will be collected according to Brown’s Protocol as outlined in the CSE User’s guide.

For Down Woody Material, for this contract the examination level is set to 2 as in the following CSE Table

Code
Description
2
Data was collected according to Brown’s Protocol.

Sampling plane lengths will be as follows:

Fuel Piece Diameter

(inches) Sampling Plane Length

(feet)

0.1 to 1
6
1-3
16
3+
70

The end of each 70’ sampling plane shall be monumented with an 18” piece of rebar as described above under overall plot location and layout.

SUBPLOTS (Satellite Plots)

· Four fixed-area 1/1000th acre subplots will be established on every common stand exam plot (1/10-acre plot). The four subplots will be established in the cardinal directions (N, E, S, W) 20 feet from plot center, labeled 1 through 4 starting with the north subplot and numbering in a clockwise manner.

· Subplots centers will be staked using rebar in the same way the large center plot centers are staked.

· Subplot size is 1/1000th acre. Plot radius is 3.72 feet.

· Data to collect on subplots:

The data to be collected on these subplots is normally collected on a small fixed plot at the center plot location according to CSE protocols. However, since the center plot under this contract is a fairly large fixed plot (1/10 acre), the following data will not be collected on the large fixed-area center plot but will be collected on 4 subplots located 20’ from the center plot location. The data collected on the subplots will be collected to CSE protocols.

· Data collected on the subplots will be recorded on data sheets found in the CSE Users Guide.

· Tree data will be collected on all trees that are less than 4.5’ tall.

· Vegetation Composition – Intensity Level 4.

The optional Vegetation Composition protocol is used to collect ocular estimates of cover by life form and layers for trees, shrubs, forbs, and grass species within a fixed area. It provides a fast and practical sampling method to collect information on plant composition and structure to meet a variety of vegetation composition purposes.

There are four different levels of intensity that may be used to record vegetation composition. For this contract, vegetation composition will be collected at intensity level 4 (see following table from CSE User’s Guide).

Exam Level Code
Interested in Obtaining
Species to record
Subpop. Min.
Subpop. Max.
Form 1

Cover & Cover by Lifeform Form 2

Cover by Layer & Species Form 3 Cover by Species Form 4

Ground Surface cover

4
All species, including TES and NOX to trace
All species to a specified %, but species on a list to trace
0.1%
100
Required
Required
Required
Required

· Shrub height – measure average shrub height, by species, to the nearest 0.5 feet.

Supplement to Suspension of Work: Whenever the Contracting Officer determines that the temperature, humidity, soil moisture, plant moisture stress, winds, or combination of these and other physical conditions have become unsuitable for project to continue in any area, the Contractor shall move the work force to another area(s) prescribed by the Contracting Officer. When no other area is available, the Contracting Officer will issue a suspend work order for the bid item and contract time will stop for that item. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm the resumption in writing. Contract time will resume on the effective work resumption date. In all cases, the Contractor shall resume work within 3 calendar days after the effective work resumption date. It is the Contractor's responsibility to keep the Contracting Officer currently advised as to where the Contractor or the Contractor's Representative may be reached by telephone during periods of work suspension. If the Contractor cannot be reached at the telephone number provided, or if the Contractor fails to leave a number, a written resume work order will be mailed and contract time will resume on the date specified on the resume work order.

CONTRACTOR QUALITY CONTROL PLAN: The Contractor shall provide a Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within 10 days of contract award based on items awarded to the Contractor and Government comments.

The general Quality Control plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It shall specify how quality will be monitored to assure the performance standards are met; the supervision of crew and work; and the personnel that will be performing the quality control. Quality control includes the monitoring of quality while work is in progress and an unbiased sample of plots to determine actual quality percentage.

Plot Inspections. The Contractor shall maintain an inspection system that provides an unbiased sample of CSE plot quality and represents the entire work force. A minimum of 10% of the installed plots shall be sampled within each inspection block. The Government may observe or re-inspect the Contractor’s plots at any time.

The Contractor shall provide written inspection data and electronic GPS inspection data by plot that meets contract requirements.

All Contractor inspection records shall be provided to the Government based on the schedule proposed by the Contractor and agreed to by the Contracting Officer for quality assurance assessment consistent with the Government Quality Assurance Surveillance Plan. All records shall be signed and dated by the person who conducted the inspection.

GOVERNMENT QUALITY ASSURANCE PLAN: The Government will make periodic inspections while work is in progress on a sample of completed exams. The Contractor shall notify and provide the electronic data files to the Government when groups of 1 to 2 stands or 10-20 plots are completed and ready for inspection prior to moving out of the general area. The first stand of data typed into the PCEXAMS software should be turned in to check for it’s running successfully in the FSVEG System.

Quality Assurance Plan

Task
Quality Standard
AcceptableQuality Level
Stand exam plots
See Inspection Procedures
90%

GOVERNMENT INSPECTION PROCEDURES: An inspection block, as established by the Government, will contain a minimum of 10 plots. Contractor may deviate from the minimum with the COR’s approval. No partial stands will be accepted. The Contractor shall submit stands in designated blocks with respective data sheets, maps and electronic data during regular business hours, Monday thru Friday from 0700 – 1600.

All plots within a stand are to be recorded sequentially.

COMPLIANCE INSPECTION: The COR will, by formal review, determine if the specified progress and methods of work are being carried out. Failure to comply with specified work standards may be cause for termination of the Contractor's right to proceed.

See Rate of Progress stipulated in Performance Period, Section C1 – B.

INSPECTION OF WORK: The Government will inspect the stand examinations to determine compliance with contract specifications and to provide a basis for payment. The Contractor shall submit completed stand information within five (5) days after completion of each stand to the COR.

Completed work, consisting of any required paper forms, maps and electronic data, will be turned in for inspection in stands. Field inspections will be made from the electronic and paper data submitted. Inspection will only be made on completed stands. Within each stand, at least 10% of the plots will be selected for inspection to determine if the prescribed work standards have been met. This will constitute the minimum sample plot inspection for determining satisfactory performance.

The Government will make the initial inspection of each block of completed stands without cost to the Contractor. No charge will be made for one rework inspection per stand. All data submitted for inspection or payment that have omissions or exceed the tolerances allowed for the required data fields will be returned to the Contractor for completion or rework. All hand written forms shall be turned in with their respective stands. All entries must be legible. Any missing, non-legible or non-applicable entries shall be counted as discrepancies, and returned to the contractor for correction.

The Contractor's electronic data shall load successfully into FSVEG and run through the edit program without fatal errors or it will be returned for rework.

The COR will record the global position of the plot during the field inspection. A GPS Receiver capable of measuring in “3D” status will be used. Coordinates will be gathered a minimum of 4 minutes of averaging before location is recorded. This coordinate will be used to evaluate the field inspected plot. The Government is not responsible for GPS down time due to Contractor negligence or satellite disturbances. No Suspend Work Order will be issued; contract time will run during these periods.

DETERMINATION OF ACCEPTABLE WORK: An inspection, as stated above, will be performed by the Government for evaluation of contract specification compliance. The following will be used for determination of acceptable or unacceptable work.

Site examinations deficient in the following specifications are unacceptable on a "pass-fail" basis and will be returned to the Contractor with the entire stand for rework.

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