CALIMUS1.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

676528

2. CONTRACT NO.

RFQ AG-04P5-S-14-0006

6. SOLICITATION ISSUE

DATE

03/10/2014

Deanna Vest – Contracting Officer Rudy Rios – Technical Contact

b. TELEPHONE NUMBER (No collect calls) 541.883-6737 541 783-4056

8. OFFER DUE DATE/

LOCAL TIME

04/11/14 4:00pm

USDA Forest Service Fremont-Winema National Forest 2819 Dahlia, Suite A Klamath Falls, OR 97601

|X| SMALL BUSINESS |_| WOMAN –OWNED SMALL BUSINESS (WOSB)

|_| HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM

|_| SERVICE DISABLE VETERAN- |_| EDWOSB

VETERAN-OWNED SMALL

BUSINESS |_| 8(A)

NAICS Code 562991 Size Standard $7 million

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|X| SEE SCHEDULE

12. DISCOUNT TERMS

14. METHOD OF SOLICATION

|X| RFQ |_| IFB |_| RFP

USDA Forest Service Fremont-Winema National Forest 2819 Dahlia, Suite A Klamath Falls, OR 97601

See Block 9

17a. CONTRACTOR/ OFFERER

TELEPHONE NO. DUNS #____________________

FAX NO. TIN #_____________________

E-Mail Address: ________________________ 18a. PAYMENT WILL BE MADE BY

Invoice Processing Platform – IPP

Via www.ipp.gov

|_| 17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS BLOCK BELOW IS CHECKED |_| SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

CHILOQUIN RANGER DISTRICT – CALIMUS LOOKOUT

Submit prices in the attached Schedule of Items.

This solicitation is Set Aside for Small Business.

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

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. |X| ARE |_| ARE NOT ATTACHED.

|_| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED

|_| 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

COPY TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN |_| 29. AWARD OF CONTRACT: REFERENCE _________________ OFFER DATED . YOUR OFFER ON SOLICITATION (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)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (Rev. 2/2012) Prescribed by GSA-FAR (48CFR 53.212

Schedule of Items 19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

FREMONT-WINEMA NATIONAL FOREST – CALIMUS LOOKOUT SERVICES

When submitting your quote, please submit the “Return Package” along with past performance and Key Personnel.

Due 04/11/2-14 at 4:00 p.m.

The Contractor must be registered and valid in the SYSTEMS FOR AWARD MANAGEMENT (SAMS): https://www.sam.gov/portal/public/SAM/

Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an award is made.

Quotes may be submitted to the address in block 9. On your sealed envelope, please write

RFQ AG-04P5-S-14-0006

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

CORRECTFOR

36. PAYMENT

|_| COMPLETE |_| PARTIAL

|_| FINAL

37. CHECK NUMBER

|_| PARTIAL

|_| FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

ITEM NO.

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

EST.

QUANTITY

UNIT

UNIT PRICE

CALIMUS LOOKOUT SERVICES - Chiloquin Ranger District

One award will be made

CONTRACT TYPE

This is a single award Fixed Price contract for a Base Period and three (3) possible Option Periods for the services specified (FAR Clause 52.217-9).

BASE PERIOD – May 30, 2014 through approximately October 18, 2014 OPTION YEAR 1 – May 29, 2015 through approximately October 17, 2015 OPTION YEAR 2 – May 27, 2016 through approximately October 15, 2016 OPTION YEAR 3 – May 26, 2017 through approximately October 14, 2017

For technical questions, contact Rudy Rios (541) 783-4056.

Quotations shall be submitted for the total item

NOTE: Quoter MUST register in the https://www.sam.gov/portal/public/SAM/

If Contract award is for a value of $100,000 or more, the Contractor must also be registered with VETS-100, website: http://www.vets100.com. Contractors and subcontractors who have received an award of $100,000 or more must use form VETS-100A, Federal Contractor Veterans’ Employment Report, to submit the required reports (see https://webapps.dol.gov/vets100). See also FAR 52.222-37 Employment Reports on Veterans

The Government will give 60 days notice prior to exercising options. However, Notice of Intent does not obligate the government to exercise Option Years. See 52.217-9 - Option to Extend the Term of the Contract and FAR Clause 52.217-5 – Evaluation of Options.

NOTE: Quoters shall complete Section E including the Questionnaire in Section E to receive full consideration for award – See 52.212-1, Instructions to Offerors - Commercial Items and 52.212-2 Evaluation - Commercial Items item.

Evaluation for award – The Government will make award on an all-or-none basis in accordance with “Instructions, Conditions, and Notices to Offeror Provision 52.212-1, Instructions to Offerors - Commercial Items and 52.212-2 Evaluation - Commercial Items.

NEW ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must register and submit invoices via the electronic Invoice Processing Platform (IPP). The IPP website address is: https://www.ipp.gov.

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

Addendum to FAR 52.212-4 Contract Terms and Conditions – Commercial Items (referenced in block 27 of SF1449:

(g) Invoice – ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – The “Submit Invoice to” address for USDA orders is the Department of Treasury’s Invoice Processing Platform (IPP). The IPP website address is: https://www.ipp.gov

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

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

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.232-11 Extras (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-14 Suspension of Work Order (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.) On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or with the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The written notification shall include as a minimum:

1. The name, address and telephone number of the subcontractor.

2. The date upon which the subcontract was entered into and its duration.

3. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

4. Documentation of the subcontractor's representative authority.

INSURANCE COVERAGE

If occupants other than the Contractor and relief lookout person(s) occupy the premises, Contractor will be required to sign an "Immunity from Torte Liability", covering the effective period of the contract.

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

(a) General Liability: The Contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $100,000 per occurrence.

TRAINING REQUIREMENTS

(a) The Government will conduct a workshop as needed for the first 3 days (up to 24 hours in total time) the lookout person is on duty, to explain the standard and local lookout operating procedures at no charge to the Contractor. The workshop may be shortened in length and held at a different time if mutually agreed upon between the Government and Contractor.

(b) The workshop is mandatory for all primary and relief lookout persons. Only the primary lookout shall be compensated for services performed during this training at the daily rate stipulated in the schedule.

(c) Any additional lookout persons furnished by the Contractor after the initial workshop will be trained by the Government at the Contractor's expense. The estimated cost of a 24 hour workshop is $600.

OPTIONAL PERIOD

(a) Services outside the mandatory performance period shall be performed by mutual consent between the Government and the Contractor at the same unit price.

(b) The optional period is defined as any work performed outside the mandatory performance period.

USE OF PREMISES

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

Before any camp is opened or operated on National Forest land or lands administered by the Forest Service, the Contractor shall request and obtain a camping permit from the appropriate Ranger District. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such permission, if granted, will be without charge to the Contractor.

Forest Service regulations for use of campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes.

The following requirements apply when the contractor provides housing or when a camping permit is issued to the contractor:

Every structure used as a shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold.

Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply replenished as necessary, will meet the requirement for storage of perishable food items.

An adequate and convenient water supply, approved by the appropriate health authority, shall be provided in each camp for drinking and cooking purposes. As an alternative, commercial bottled water may be used.

Toilet facilities adequate for the capacity of the camp, at not less than a 1:15 ratio, shall be provided and supplied with adequate toilet paper. Such facilities shall be maintained in a sanitary condition.

Fly-tight, rodent-tight, impervious, cleanable or single service containers shall be provide and used for the storage of garbage. Such containers shall be kept clean and emptied when full.

EMERGENCY RESPONSE (AGAR 452.236-77) (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 worksite 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 worksite.

(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 worksite for 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 52.243-4.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within _30 days____ [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _____ days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ____4 years._______

STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (FAR 52.222-42)(MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It Is Not A Wage Determination.

Employee Basic % of Paid Paid % of Pay Class Rate per Pay for Holidays Vacation for Retirement Hour H&I

Forestry Tech., GS-5 $15.00 1/ 2/ 3/ 4/

1/ 5.1% of basic hourly rate.

2/ Ten paid holidays per year: New Year's Day, Martin Luther King, Jr., Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.

3/ 13 days paid vacation for each year of service up to three years. 20 days after three years, 26 days after 15 years.

4/ 7% of basic hourly rate.

LIST OF ATTACHMENTS

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

Attachments No. of Pages

Statement of Work…………………………………………………………………………..….. 6 Pages

Vicinity Map……………………………………………………………………………………….1 Page

Calimus Butte Map………………………………………………………………………………...1 Page

Wage Determination 1977-0079 Revision 46……………………………………………………..3 Pages

Fire Protection & Suppression R6-FS-6300-52 (5/97)…………………………………………….6 Pages

Contractor Performance Data Sheet……………………………………………………..……………………………………..1 Page

PERFORMANCE WORK STATEMENT

(a) This solicitation is to provide lookout services to detect and report smokes or fires, to monitor and forward messages, take, record, and report weather conditions within and adjacent to the Fremont-Winema National Forests. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies, except those designated as Government-furnished, and incidentals to perform all work specified herein.

(b) Minor facilities maintenance may be performed by the Contractor using Government supplies and equipment.

ESTABLISHED STANDARDS

(a) Firefighter Guide and Ops Plan “Standard Operating Procedures of South Central Oregon Fire & Aviation Management Partnership” (government furnished property) lists the established standards and procedures against which performance shall be measured. The applicable section of this handbook will be made available for review at the Ranger District.

PERFORMANCE REQUIREMENTS

(a) Because of the critical nature in fire detection on National Forest land, it is imperative that the Contractor or employees of the Contractor have the minimum technical requirements as stated below:

(1) Previous satisfactory fire lookout experience;

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

(B) Ability to efficiently dispatch 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 equipments 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) Attended 32 hours or equivelent to Basic Wildland Firefighter training.

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

(b) Because of the historic nature of Calimus Lookout it is imperative that the Contractor or employees of the Contractor who are required to complete minor facilities maintenance have the minimum technical requirements as stated below:

(1) Ability to operate power tools and hand tools such as saws, sanders, levels and hammers.

(2) Ability to follow detailed plans that pertain to minor facilities maintenance.

LOCATION AND DESCRIPTION

(a) Calimus Butte is located approximately 22 miles east of Chiloquin, Oregon. The first 17 miles are paved and the last 5 miles are not paved. (Refer to Vicinity map, Section J).

(b) The lookout must be on duty in the tower during the hours shown in Section F. The Contractor shall take all necessary precautions and action to ensure that the lookout is operational during the required duty hours at no additional expense to the Government.

(c) At present time the lookout does not have sufficient living quarters. The Contractor will not be allowed to camp on site of the lookout.

WATER SOURCE

(a) The Contractor shall make the necessary arrangements for obtaining potable water. Known source listed below:

Chiloquin Ranger District

DEFINITIONS

(a) "Detect and report wildfires" shall mean visual surveillance for smoke and lightning strikes, recording their location and reporting them to the Ranger District or Lakeview Dispatch according to the established standards. This includes continual and systematic surveillance and properly plotting, recording, and reporting fires or possible fires.

(b) "Monitor and forward radio messages" shall mean remaining close to the radio and recording all incoming and outgoing messages in the radio log. The Government-furnished radio shall not be used by the Contractor for personal purposes except in case of emergency. The radio will remain on and audible while the site is occupied by the Contractor so that the Government can establish contact at any time if needed.

(c) "Take, record and report weather conditions" shall mean taking readings from weather instruments as required and reporting the readings to the requesting Forest or State Office. The lookout shall also be provided with radio communications for other Forest Co-operators to report wildfires, forward radio messages and suspected game or other violations.

(d) "Lookout tower" or "lookout site" means the lookout structure and the geographic location.

(e) "Lookout" means the person who performs the services.

(f) "Minor facilities maintenance" may include, but should not be limited to: cleaning, sanding, painting, nailing, replacing window panes and floor tiles.

GOVERNMENT ACCESS

(a) 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 as listed in Section F "Period of Performance."

(b) The lookout structure and other facilities shall be kept accessible to the Government.

ESTIMATED OVERTIME

(a) Overtime will be paid to the nearest quarter hour when the Contractor is required to work outside the established duty hours.

(b) Because overtime would be controlled by weather, fire suppression activity, or other unknown elements, the Government cannot guarantee any minimum or maximum hours. The Schedule of Items indicate the 3-year historical average for overtime.

(c) The Government may elect to use Forest Service personnel instead of requiring overtime for the Contractors.

RADIO CHECKS

(a) The Klamath Falls Interagency Fire Center will make radio checks with the lookout tower at approximately 1000 hours and on 2 hour intervals thereafter to verify that the tower is manned and the radio operational.

(b) Failure of the Contractor to respond to the radio checks from the Klamath Falls Interagency Fire Center will cause the Government to investigate the absence. Unjustifiable absence will result in the Contractor being charged actual damages to the Government.

ACCEPTABLE PERFORMANCE QUALITY LEVELS (AQL’S)

(a) The Government may periodically ignite a test smoke at a location known to be visible to the lookout. The lookout shall properly detect, plot, record, and report the smoke to the appropriate office within 10 minutes of the time that the smoke rises above its surrounding vegetation. The lookout shall plot and report the smoke accurately within +2o azimuth, +1/2 mile distance and in correct relationship to the nearest landmark.

(b) The Government may periodically perform the same test with the use of a signal mirror. For this test, the Government will advise the lookout by radio that a mirror flash is forthcoming and the lookout shall provide the same response as to a smoke, once the mirror flash is given

(c) The lookout is required to relay radio transmissions without any material change to content or meaning.

(d) The lookout is required to respond to radio calls from known contact locations with no more than 3 calls within a 3-minute period.

(e) The lookout is required to keep a daily log. This log should include but not be limited to: smoke reports, radio transmissions, weather observations, hours worked and accomplishments on minor facilities maintenance.

(f) Inspection and acceptance of completed facilities maintenance shall be done by the Contracting Officer Representative.

CONTRACTOR INSPECTION REQUIREMENTS (FAR 52.246-1)(APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

DELIVERIES OR PERFORMANCE

PERIOD OF PERFORMANCE

Notice to Proceed shall be issued in writing by the Contracting Officer. No work shall begin until receipt of this Notice. Contract time shall commence on the date indicated on the Notice to Proceed.

(a) The start date will be the last week of May thru the the 2nd week in October, estimated to be 140 days, depending on weather, budget, and fire potential, subject to provisions in section F-7. The duty hours, regardless of class day, are, 8 hours per day between 1000 - 1800 hours. The Government will allow the lookout to occupy the site 3 days prior to the starting date for the purpose of setting up housekeeping.

(b) The site shall be vacated by the Contractor and all supplies and equipment removed within 3 days after October 14, subject to provisions in section F-7, or receipt of notification from the Government of termination of the contract.

(c) The lookout services shall be furnished 7 days a week.

(d) Unless otherwise approved by the Contracting Officer Representative (COR), the primary lookout will have at least one day off in 7 consecutive calender days and be replaced by an experienced relief lookout as stated in F-3.

(e) Midday meals shall be scheduled without interference with lookout duties or scheduled weather reporting.

(f) When not required to maintain lookout services, the Contractor shall establish communication procedures with the Government that will provide these services within 2 hours after the first attempt to make contact through the communication procedures.

(g) The Contractor shall keep the lookout site clean and orderly. The windows shall be washed whenever the visibility is impaired. Garbage shall be kept in closed containers and disposed of by the Contractor in an acceptable way at an approved disposal location.

(h) Minor facilities maintenance which requires the contractor be out of the lookout tower, will be done only on approval of the COR and in such a manner to allow a visual scan from the lookout tower every 15 minutes.

(i) All smoke reports, updates, weather information, lookout safety, and operation of lookout equipment, will follow the procedures laid out in the Operating Procedures for Fire Ops Plan (see section G-2, a.14) and 1986 Firefighter Guide.

(j) Only the Contractor and employees of the Contractor will be allowed on site of the lookout unless otherwise approved by the COR.

POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offer or is required. It will be scheduled and held within 15 days after the date of contract award. The conference will be held at the Headquarters of the Fremont-Winema National Forest, 2819 Dahlia Street, Klamath Falls, Oregon, or at the District Ranger Station.

GOVERNMENT-FURNISHED PROPERTY

(a) The Government will deliver to the Contractor the following listed materials, supplies, property, or services (hereinafter referred to as Government-furnished property) at the places and times specified.

Lookout tower & keys to lock on tower.

Fire Finder & compass.

Binoculars & spotting scope Radio communications w/batteries, maintenance, & replacement batteries. (Portable and Mobile) Cellular Phone Maps of the seen area.

Weather instruments.

Fire extinguisher (for the tower).

Handtools/power tools & materials as needed for minor facilities maintenance Propane gas heating stove & propane gas for stove.

Outdoor toilet facility & Garbage can.

Lookout Daily Unit Log.

Firefighter Guide; Lookout instruction guide; & Fire weather observers guides Standard Operating Procedures of South Central Oregon Fire & Aviation Management Partnership

CONTRACTOR-FURNISHED EQUIPMENT

The Contractor must furnish:

1. A minimum of one lookout person.

2. Lighting.

3. Cleaning supplies.

4. Drinking water & containers.

5. Cooking & eating utensils, if desired.

METHOD OF MEASUREMENT

(a) Measurement shall be based on a 8 hour day with a day being 24 hours.

METHOD OF PAYMENT

(a) Payment will be calculated at the rate per day as stipulated in the Schedule of Items.

(b) Overtime will be paid at the bid rate.

FINAL PAYMENT

Final payment should be made when government furnished property is returned and COR has inspected and accepted all work.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Jan 2014)

(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)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(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.

__ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21)(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.

__ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__ (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (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.)

__ (37)(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.)

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (39)(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.

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

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

__ (42)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (44) 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).

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 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)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(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.).

_X_ (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) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (9) 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, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(ix) 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)).

(x) 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.).

(xi) 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.).

(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 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.

(xv) 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.

CONDITIONS, NOTICES TO QUOTERS AND EVALUATION FACTORS FOR AWARD

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.237-1 Site Visit (APR 1984) 52.212-1 Instructions To Offerors - Commercial Items (Jun 2008)

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

452.204-70 Inquiries (FEB 1988)

Addendum to 52.212-1 (a) and (e) as follows:

A. Price Proposal – Please complete Schedule of Items to provide your price quote.

B. Past Performance – Offeror’s are required to submit proof successfully completed Fire Lookout Services Projects within the last three years. “Successful completion will be based on the following factors:

(1) Successful Completion, Timeliness: Fire Lookout Services contracts were completed on schedule, with expertise required to get the work done and if delays in contract work completion occurred, they were outside the controls of the Contractor.

(2) Successful completion, Work Quality: Fire Lookout Services contracts were completed at a minimum acceptable work quality or greater; rework or rejected work wa considered minor.

Please use “Contractor Perfomance Data Sheet” for past performance information.

C. Name of all Key Personnel who will be directly involved on this project; include related work experience.

D. Completed Package

Note: Offer may submit their package with all items together in one bundle as follows:

• SF 1449 - Signed and dated

• Schedule B – Price quote

• Past Performance

• Key Personnel

Offers should be mailed or hand delivered to:

Fremont-Winema National Forest 2819 Dahlia St., Suite A Klamath Falls, OR 97601 Quotations may also be faxed to: 541-885-3452

Note: Email quotes are NOT acceptable and will not be considered.

52.212-2 Evaluation – Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

- Contractor's Past Performance History

- Key Personnel

- Contractor's Pricing

Past Performance and Key Personnel are generally more important than price, provided the price proposal is deemed reasonable.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Basis of Award This is a Request For Quotes (RFQ) only. Any work resulting from this RFQ will be covered by a Purchase Order or other Award document. It is the intent of the Government to award a single contract.

Award Determination & Evaluation Factors 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 the best value for the Government, price and other factors considered.