b.final_Solicitation.doc

Solicitation No.

Tower Mountain and Desolation Lookout Services, Solicitation No. AG-04M3-S-09-8502

REQUEST FOR QUOTATION

PAGE OF PAGES

UNDER BDSA REG. 2

AND/OR DMS REG. 1

Wallowa Whitman National Forest

PO Box 907

Baker City, OR 97814 See clause entitled, “Commencement, Prosecution, and Completion of Work.”

FOB DESTINATION

Highway 244

Ukiah

11. SCHEDULE (Include applicable Federal, State and local taxes)

See Schedule of Items on page 2.

*DUNS NUMBER __________________

Simplified Acquisition Procedures limit award to $100,000.00. Quotations will be kept confidential.

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Name of Offeror or Contractor

PRICE

AMOUNT

SCHEDULE OF ITEMS

SUPPLIES OR SERVICES

AND PRICES/COSTS

Tower Mountain and Desolation Lookout Services

Initial award will be made for Items 1.1, 1.1a, 2.1, and 2.1a.

Quoters can provide quotes on servicing both or one of the lookout towers.

AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18 ORDERING, the Government shall place orders totaling a minimum of 30 days, but not in excess of 270 days for each contractor.

REPRESENTATIONS, CERTIFICATIONS, AND PROVISIONS - Quoters shall complete the following:

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“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 CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror 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. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

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

(g) (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 CCR 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 must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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

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

(End of clause)

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 115310.

(2) The small business size standard is 5.0 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 clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (c) applies.

[ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

GOVERNMENT EMPLOYEES, FORMER USDA EMPLOYEES, AND USDA RETIREES

The offeror/quoter represents and certifies that--

(a) It FORMCHECKBOX is, FORMCHECKBOX is not a current Federal Government employee.

(b) It FORMCHECKBOX is, FORMCHECKBOX is not a former USDA EMPLOYEE.

(c) It FORMCHECKBOX is, FORMCHECKBOX is not a retired USDA employee. If retired, give date of retirement ________________.

(d) It FORMCHECKBOX is, FORMCHECKBOX is not related to a current Forest Service employee on any forest service unit within the Blue Mountain Acquisition Management Area. If so, list employee's name and location. ____________________________________

(e) The firm FORMCHECKBOX is, FORMCHECKBOX is not substantially owned or controlled by a former USDA employee or retiree.

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JAN 2005)

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

Contract line item(s): _All_________ NAICS code: _115310 _____ Size Standard: __$16.5 Million__ 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.

EVALUATION OF QUOTES

The Government will issue an order as a result of this Request for Quotations to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government with the following criteria considered and being equal in importance: Relevant Past Performance, Key Personnel, and Price.

Quoters with no record of past performance will receive a neutral rating for past performance. Quoters with no experience in the type of work solicited, may list other types of projects which exemplify their past performance.

The Government may, issue orders to other than the lowest quote, waive minor informalities or irregularities in quotes received, or elect to not award at all. If necessary, the Government may conduct discussions with any or all quoters.

An excellent rating would be achieved if quoter provided a conforming response to the Statement of Objectives and had completed one similar projects of the same size as this project within the last 2 years and if the quality of work on all projects was rated highly by the customers contacted.

QUOTE SUBMISSION REQUIREMENTS

Quoters shall provide a list of each similar contract completed within the last 3 years, including the name and phone number of the contract administrator. Quoters shall provide a resume of the Key Personnel identified – Primary and Relief Lookouts. The Government is not obligated to request additional information and in the absence of appropriate information, the Government may rely on personal knowledge of the firm.

1. SCOPE OF CONTRACT

The purpose of this contract is to provide lookout services to detect and report smokes or fires within and adjacent to the Umatilla National Forest. Work shall include monitoring radio traffic; relaying radio messages, plotting fire start locations, providing fire behavior reports, report state of the weather and take weather readings when requested.

This contract is an Indefinite Delivery/Indefinite Quantity Task Order Contract with two option years.

Services shall be required 7 days per week, from 0900 to 1800 hours. The Government may require services outside of the normal daily duty hours, which may be up to all hours of the day with visibility sufficient to perform lookout services.

Minor facilities maintenance shall be performed by the contractor at the option of the Government using Government-furnished supplies and equipment.

2. LOCATION AND DESCRIPTION

(a)Tower Mountain Lookout:

Legal Description: Township 6S, Range 34E, Section 13, NW ¼ of NW ¼ Driving directions: From the town of Ukiah, Or follow Highway 244 east for approximately 18 miles then turn right (south) onto Forest Service Road 5226, continue for approximately 12 miles. Forest Service Road 5226 is single lane gravel/dirt road that is not recommended for passenger car travel.

Site Description: The lookout tower is 92 feet (steel construction) in height. Observation area is a 7 feet by 7 feet cab. A ground cabin provides living quarters for the lookout. There is non-potable water plumbed to the building and outdoor restroom facilities are available. The cabin also has propane heat and lighting, an oven, and a refrigerator.

(b) Desolation Butte Lookout:

Legal Description: Township 8S, Range 34E, Section 30, NE ¼ of NE ¼ Driving Directions: From the town of Ukiah Or., head south on Highway 395 for approximately 17 miles and then turn left on to Forest Road 55 for approximately ½ mile until reaching Forest Service Road 10. Turn right (south) on to FS Road 10 and continue for approximately 8 miles and then turn right on to Forest Service Road 1010 for approximately 12 miles. Then turn left onto Forest Service Road 1010-0300 for approximately 1 mile. Forest Service Roads 1010 and 1010-0300 are single lane gravel/dirt roads that not recommended for passenger car travel.

Site Description: The lookout tower is 67 feet (treated timber construction) in height. The

Living quarters are in the cab of the tower itself. The cab has propane heat and lighting, an oven, and a refrigerator. Outdoor restroom facilities are available on the ground near the base of the tower.

3. GOVERNMENT OBLIGATIONS AND FURNISHED MATERIALS

A. The Government will conduct a workshop the first day that the lookout person is on duty to explain the lookout instruction guides to the lookout persons at no charge to the Contractor. The workshop will be conducted at the lookout site or Ranger District Office.

B. It is mandatory that all primary lookout persons attend the workshop. Relief lookout personnel are encouraged to attend.

C. Any lookout person furnished by the Contractor after the initial workshop will be trained by the Contractor at the Contractor’s expense.

D. Lookout sites will include the following Government facilities, equipment and supplies:

1. Living and work quarters.

2. Fire finder and compass.

3. Binoculars and/or spotting scope.

4. Radio Communications (Forest Service radio). The Government will provide maintenance, batteries and antenna.

5. Topographic maps (of the seen area).

6. Lookout instruction guides.

7. Lookout log.

8. Garbage can. (Garbage disposal is the responsibility of the Contractor.)

9. Forest Service key for entrance to lookout.

10. Fire extinguisher (for the base station).

11. Propane gas stove, refrigerator, lights, tank and propane fuel.

12. Bed and wood heating stove.

13. Firewood.

14. Outdoor toilet facility.

The Contractor shall be responsible for loss, damage or destruction of Government property unless the Contractor can show the damage resulted from causes beyond the Contractor’s control and without the Contractor’s fault or negligence.

4. CONTRACTOR OBLIGATIONS

The Contractor shall furnish the following items:

1. A minimum of one lookout person and one relief lookout person.

2. All bedding.

3. All transportation to and from the lookout site.

4. Cleaning supplies. (Broom, mop, paper towels, window cleaner, etc.)

5. Drinking water and water containers.

6. Lookout shall have on hand at all times, a five-day supply of food and water.

7. Cooking utensils.

8. All other incidentals necessary to perform the work.

5. LIABILITY

The Contractor shall assume all risk of loss, damage, injury to his/her equipment and those person(s) performing the contract work and shall hold and save the Government and its employees harmless from liabilities of any nature or kind resulting from performance of this contract, except for negligent acts of Government employees.

6. DEFINITION OF TERMS

A. Contracting Officer (CO) – The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representative of the Contracting Officer acting within the limits of his/her authority.

B. Contracting Officer’s Representative (COR) – The COR is the on-site contract administrator for the Contracting Officer. The duties and responsibilities of a COR are defined in the letter of designation issued by the Contracting Officer.

C. Day – A nine hour work day beginning at 0900 and ending at 1800.

D. Detect and Report Wildfires – Surveillance for smoke and lightning strikes, recording their location, and reporting them to the appropriate station according to the established standards.

E. Monitor and Forward Radio Messages – Remaining close to the Forest Service radios, and recording all incoming and outgoing messages in the appropriate radio log. The Government-furnished radios shall not be used by the Contractor for personal purposes except in cases of emergency. This does not prohibit participation in evening “breeze” sessions. The radios shall remain on and audible 24 hours per day while the site is occupied by the Contractor so that the Government can establish contact at any time if needed.

F. Incidental Night Calls – Any radio messages taken before or after regular scheduled hours except for hours requested for overtime.

G. Record and Report Weather Observations – Taking readings from weather instruments as instructed and reporting the readings by radio to the appropriate station. Weather observations may be requested at any time by the Government.

H. Lookout Site – The actual lookout structure and the geographical location.

I. Lookout – The person who performs the services.

7. TECHNICAL SPECIFICATIONS

A. Responding to fire/smoke sightings. The lookout shall notify Pendleton (PICC) Dispatch immediately after sighting a smoke with a general location or landmark, and then plot the smoke within plus or minus 1 degree azimuth, plus or minus ½ mile distance within 10 minutes.

B. Lookout shall notify dispatch of approaching storms that may produce lightning and/or produce winds that may affect fire behavior.

C. Lookout shall relay radio transmissions without any material change to content or meaning.

D. Lookout shall respond to radio calls within a 3-minute period.

E. The lookout services shall be furnished 7 days a week, when requested.

F. Midday meals shall be scheduled without interference with current activities or scheduled weather reporting.

G. When not required to maintain lookout service, the Contractor shall establish communication procedures with the Government that will allow the Contractor to provide service within 24 hours after the first government attempt to make contact through the established communication procedures.

H. The lookout site is a government facility; as such it is required to be kept to acceptable cleanliness levels. Windows shall be washed every 7 days or when visibility is impaired. Counters and window sills shall be kept free of excess personal items and dusted daily. Floors shall be kept clean. The deck and stairway shall be kept clear. As a safety concern, the area immediately adjacent to the woodstove shall be kept free from additional items.

I. For the convenience of the Government, in the event of adverse weather conditions, the Government may close the lookout site at no cost to the Government.

J. For the convenience of the Government, an employee of the Government may be placed at the site in the event of abnormal workload or when unable to make contact with the Contractor. Contractor shall reimburse the Government for services supplied when unable to make contact.

K. The lookout structure and other facilities shall be kept accessible to the Government for the purpose of building or equipment repairs.

L. Weather observations shall be taken daily and reported to dispatch. The time weather is taken will be determined by the COR.

M. The lookout site is sometimes visited by the public, on these occasions it is expected that the Contractor present themselves and the lookout site in a professional and affable manner.

N. Use of or possession of illegal substances will be grounds for termination of contract.

8. GOVERNMENT INSPECTION PROCEDURES

A. Established Standards

1. Forest Service Handbook 5109.12 lists the established standards against which performance will be measured. A copy is available at any U.S. Forest Service Ranger Station.

2. The Government may periodically ignite a simulated smoke at a location known to be visible to the lookout to check the lookouts’ readiness and efficiency.

3. Inspection will be made on a periodic unscheduled basis. The Contractor will be informed of any deficiencies. The Contractor shall correct all deficiencies within 24 hours. Work not meeting established standards will be cause for non-payment of the day in question.

4. Repeated failure to correct deficiencies or comply with standards, specifications, and contract clauses may result in termination for default.

9. PERIOD OF CONTRACT

Work shall begin on the effective date of the Notice to Proceed.

Contractor shall furnish lookout services from June through October in 2009 with option years of 2010 and 2011. The Government will allow the lookout to occupy the site 3 days prior to the starting date for the purpose of setting up housekeeping.

The site shall be vacated by the Contractor and all supplies and equipment removed within 3 days after closure of the lookout for the season. Closure dates vary due to weather but are typically early October for Tower Mountain, and early September for Desolation Butte.

10. MEASUREMENT AND PAYMENT

A. Payment will be made for the days worked at the unit price listed in the Schedule of Items.

B. Overtime hours may be ordered at any time during the course of any shift, depending on the lightning activity level or current activities. An estimated number of overtime hours for each lookout are shown on the Schedule of Items for the season. The Government will pay for overtime ordered by the Government at the unit price listed in the Schedule of Items in one-quarter (1/4) hour increments.

C. By mutual agreement, the Contractor may furnish trained lookout relief persons at additional sites to be designated as the need may occur. Rates to be at those in the Schedule of Items. Government and Contractor furnished equipment to be mutually agreed upon. If applicable, Government mileage rates will apply.

D. The Government will pay a minimum of ½ the daily rate for the first day of any adverse weather or closure. Other payment will not be made for the proceeding days of closure.

E. Incidental night calls are paid at the rate of ¼ of the overtime rate per call.

F. All quantities in the Schedule of Items are estimates based on 10 year average. The Government will pay for actual days or hours worked as provided for in the schedule and payment provisions, however, guarantee a minimum of 30 days within the entire contract period.

11. SAFETY

The Contractor shall provide a written, job specific safety plan for discussion at the post-award conference. The plan shall address the following known hazards, any hazards that the Contractor has identified in prior work, and describe how Contractor shall mitigate these hazards. The Government has identified the following hazards for lookout services:

1) The inherent hazard of being 60-90’ above the ground.

2) Falling, slipping or tripping on the tower stairs or observation deck. This also includes transporting supplies and material up and down the tower stairs.

3) Working alone in a remote location.

4) Exposure to weather related events such as lightning, strong winds, heavy precipitation and snow or ice.

5) Vehicle travel on unimproved roads.

6) Unpredictable wildlife

12. Personal Protective Equipment

The contractor will train in the safe operation and use of equipment to all workers using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

Defective or damaged personal protective equipment shall not be used.

The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

13. KEY PERSONNEL (AGAR 452.237-74) (FEB 1998)

A. The Contractor shall assign to this contract the following key personnel: Primary and Relief Lookouts.

B. Because of the critical nature in fire detection on National Forest land, it is imperative that the Primary and Relief Lookouts have the minimum technical requirements as stated below:

(1) Previous satisfactory fire lookout experience; AND/OR:

(A) Ability to interpret maps, which includes location identification by legal description, understanding of elevation marks and topography, road locations, slopes and aspects, valleys and ridges.

(B) Ability to efficiently transmit and receive standard fire and weather messages by Forest Service radio.

(C) Basic knowledge of fire behavior, which includes, knowledge of weather conditions, identifying type of stands the fire is located in (fuel types).

(D) Basic knowledge of suppression tactics, which includes, but is not limited to, type of equipment and/or personnel needed for suppression, understanding various common equipment’s applicable usage, such as, engines, dozers, crews, and aircraft.

(E) Ability to provide documentation of passing a visual acuity test with 20/40 vision in one eye with or without corrective lenses. This requirement shall be the responsibility of the contractor and shall not be a incurred expense of the Government.

(F) 32 hours of Basic Wildland Firefighter (S-130/S-190) training is recommended to meet the requirements of sections B1, A-D above. Instruction may be found through the National Wildfire Suppression Association, www.nwsa.us .

(G) Know the Standard Firefighting Orders and the Situations That Shout Watchout.

C. During the first forty five (45) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 45-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

D. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutions, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

14. FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through October 15, 2011.

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

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

15. FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 2 days, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under this contract.

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

(1) Any order for a single item in excess of _90 days ;

(2) Any order for a combination of items in excess of _90 days_; or

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

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

(d) Notwithstanding paragraphs (b) and (c) above, the Contractors shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

16. FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under the contract after October 30, 2011.

17. TASK ORDER ISSUANCE

Task orders must be issued by a warranted Contracting Officer within the Blue Mountain Acquisition Management Area. Task orders may be issued verbally, by facsimile, or by electronic commerce methods. Verbal task orders will be backed up by a written order.

18. FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(B) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

19. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

A. The Government may extend the term of this contract by written notice to the Contractor within 60 days: provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires.

B. If the Government exercises this option, the extended contract shall be considered to include this option clause.

The total duration of this contract, including the exercise of any options under this clause, shall not exceed Oct 30, 2011.

20. CONTRACTOR PERFORMANCE SYSTEM REGISTRATION

Prior to final payment of the first task order, the Contractor shall register in the Contractor Performance System. Information on registering in the system can be found at: http://cps.od.nih.gov/cps_contractor_registration.htm

21. AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award. The conference will be held at a mutually agreed upon location.

22. AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

A. Contractor's Responsibility for Fire Fighting

1. The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

2. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

B. Contractor's Responsibility for Notification in Case of Fire

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

C. Contractor's Responsibility for Responding to Emergencies

When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site or emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.234-5.

NOTE:* Fire Protection Requirements The Contractor shall comply with the Fire Protection and Suppression (Eastside) Requirements, Form R6-FS-6300-52 (May 1989), which are attached hereto.

23. AGAR 452.236-72 USE OF PREMISES (NOV 1996)

a. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a camp site or trailer parking area of any employee working on the project for the Contractor.

b. Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

24. ATTACHMENTS

Listed below are all the documents attached to, and forming a part of, this solicitation and any resultant contract.

U.S. DEPARTMENT OF AGRICULTURE

SIMPLIFIED ACQUISITION TERMS & CONDITIONS: SERVICE & SUPPLY

The following terms and conditions are applicable to the order.

The full text of provisions or clauses incorporated by reference may be accessed electronically at: http://www.arnet.gov/far/ and Agriculture Acquisition Regulations at:

http://www.usda.gov/da/procure/agar/subchaph.html#l1

GENERAL. THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL ACQUISITIONS:

52.211-16 Variation in Quantity (APR 1984) (Permissible variations, if any, are stated elsewhere herein.?

52.213-4 Terms and Conditions--Simplified Acquisitions (Other than Commercial Items) (DEC 2008) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.223-6 Drug Free Workplace (MAY 2001) (Applicable to Individuals Only.)

52.225-3 Buy American Act – Free Trade Agreements – Israeli Trade Act (AUG 2007)

52.232-23 Assignment of Claims (JAN 1986)

52.233-1 Disputes (JUL 2002) 52-233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.242-17 Government Delay of Work (APR 1984) 52.243-1 Changes -- Fixed Price (AUG 1987) Alternate I (APR 1984)

52.245-1 Government Property (JUN 2007) 52.246-1 Contractor Inspection Requirements (APR 1984) 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (APR 1984) (Supersedes paragraph (f) of 52.213-4) 52.249-8 Default (Fixed Price Supply & Service) (APR 1984) (Supersedes paragraphs (e) and (g) of 52.213-4) 452.204-70 Inquiries (FEB 1988)

ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ACQUISITIONS FOR SUPPLIES.

52.207-5 Option to Purchase Equipment (FEB 1995) (Applicable when leasing with an option to purchase.)

52.211-5 Material Requirements (AUG 2000) 52.246-2 Inspection of Supplies -- Fixed Price (AUG 1996) (Supersedes paragraph (d) of 52.213-4)

ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ACQUISITIONS FOR SERVICE.

52.222-41 Service Contract Act of 1965, as Amended (NOV 2007)

52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) (Applicable equivalent rates are stated below) 52.222-43 Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year & Option Contracts) (NOV 2006) 52.222-44 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (FEB 2002) 52.236-2 Differing Site Conditions (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.237-1 Site Visit (APR 1984) 52.242-14 Suspension of Work (APR 1984) 52.246-4 Inspection of Services -- Fixed Price (AUG 1996) (Supersedes paragraph (d) of 52.213-4) EQUIVALENT RATES PER FAR 52.222-42: Employee Class Monetary Wage Forestry Technician, GS-5 $14.74 per hour FRINGE BENEFITS: Life, Accident and Health Insurance and Sick Leave Programs - 5.1 percent of basic hourly rate.

Paid Holidays - 10 per year: New Year's Day, Martin Luther King, Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day Vacation - 13 days paid vacation per year up to 3 years of service, 20 days after 3 years of service, and 26 after 15 years of service. Retirement - 7 percent basic hourly rate.

FAIR LABOR STANDARDS ACT

The Fair Labor Standards Act is applicable if any employee is involved in interstate commerce and/or if the employer had a gross income in excess of $500,000 within the preceding four quarters.