Amendment_No_003.doc

1. CONTRACT ID CODE

PAGE OF PAGES

AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT

USDA Forest Service Olympic National Forest 1835 Black Lake Blvd. SW, Suite A Olympia, WA 98512-5623 Contracting Officer Olympic National Forest 1835 Black Lake Blvd. SW, Suite A Olympia, WA 98512-5623

AG-05G2-S-10-0001

DEC. 29, 2009

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.

Temporary Help Services: Professional and Technician Natural Resource

Specialists in: Forestry, Botany, Physiology and Soils.

The solicitation is amended as follows:

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

Miley Sutherland Contracting Officer

BY

JAN. 14, 2010

(Signature of person authorized to sign)

(Signature of Contracting Officer)

Amendment No. 003 Page 2

(1) Section B.3, Recruiting Fee, is amended to state:

“B.3 Recruiting Fee

For positions filled by the Contractor actively recruiting candidates, the Contractor shall be compensated by a fee which is a percentage of the total first year salary, assuming 1920 hours in the year. [The recruiting fee will be prorated for the performance period of the task order. The maximum recruitment fee for an individual, over all task orders, shall be equal to the recruitment fee percentage times the first year salary, assuming 1920 hours in a year.] Recruitment Fee

For positions filled by candidates identified by the Forest Service, the Contractor’s initial cost to sign up a new employee shall be included in the “Vendor Markup” included in the hourly rate.”

(2) Add B.7 Compliance with Title 5 CFR Part 300—Use of Private Sector Temporaries:

“B.7 Compliance with Title 5 CFR Part 300—Use of Private Sector Temporaries Ordering units shall comply with Title 5 CFR Part 300—Use of Private Sector Temporaries. Temporary help services shall only be used when one of the following short term situations exists-

(1) An employee is absent for a temporary period because of a personal need including emergency, accident, illness, parental or family responsibilities, or mandatory jury service, but not including vacations or other circumstances which are not shown to be compelling in the judgment of the agency; or

(2) An agency must carry out work for a temporary period which cannot be delayed in the judgment of the agency because of a critical need; or

(3) The need cannot be met with current employees or through the direct appointment of temporary employees within the time available by the date, and for the duration of time, help is needed. At minimum, this should include an agency determination that there are no qualified candidates on the applicant supply file and on the reemployment priority list (both of which must provide preference for veterans), and no qualified disabled veterans with a compensable service-connected disability of 30 percent or more under 5 U.S.C. 3112, who are immediately available for temporary appointment of the duration required, and that employees cannot be reassigned or detailed without causing undue delay in their regular work. In instances where a need is foreseeable, as when approval of employee absence is requested well in advance, an agency may have sufficient time to follow the temporary appointment recruiting requirements, including veterans' preference found in 5 CFR part 316 to determine whether qualified candidates are available by the date needed and for the length of service required.

In accordance with 5 CFR Part 300, Subpart E, Use of Private Sector Temporaries, the requesting unit shall not use the temporary help service firm in a single situation initially for more than 120 workdays. Provided the situation continues to exist, the agency may extend its use of the temporary help services up to the maximum limit of 240 workdays. An individual employee of the temporary help service firm may work at a major organizational element (headquarters or field) of the agency for up to 120 workdays in a 24-month period. The agency may make an exception for an individual to work up to a maximum of 240 workdays in order to prevent significant delay.”

(3) Renumber section B.7 Ceiling Price (AGAR 452.216-74) (FEB 1988) to B.8.

Amendment No. 003 Page 3

(4) Section C.1, Description of Services, is deleted in its entirety and replaced by the following:

“C.1 Description of Services This solicitation and any resulting contract are for professional and technician personnel staffing services to be provided on a “temporary or contingent” basis as required by the Pacific Northwest Research Stations. Temporary personnel may be required in the fields of: Forestry, Botany, Physiology, and Soils. Personnel may work at multiple locations within Washington or Oregon and may occasionally work in California, Montana, Idaho, Alaska or British Columbia. The Contractor is the legally responsible employer and maintains that relationship during the time its employees are assigned to the PNW Research Station. The Contractor recruits, hires, assigns, pays, provides benefits and leave, and as necessary terminates its employees. Among other employer obligations, the Contractor is responsible for payroll deductions and withholding of taxes, social security (FICA), unemployment insurance, and workman’s compensation, and required liability insurance. Some research tasks are highly specialized. For highly specialized tasks, the Forest Service will provide the required level of expertise for each task and may provide a list of potential candidates.

This solicitation and any resulting contract is also for commercial temporary professional and technician personnel staffing services to be provided on a “temporary or contingent” basis as required by any National Forest, in the Pacific Northwest Region. Temporary personnel may be required in the fields of: Forestry, Botany, Physiology, and Soils. Personnel may work on any of the National Forests in Oregon and Washington.

This contract shall not be used for consultant, management, supervision, team lead, or project management services to directly support, or improve, agency policy-making, program development, or decision-making.

This contract shall not be used to provide services for an “inherently governmental function”, which means, as a matter of policy, a function that is so intimately related to the public interest as to mandate performance by Government employees. The definition is a policy determination, not a legal determination. An inherently governmental function includes activities that require either the exercise of discretion in applying Government authority, or the making of value judgments in making decisions for the Government. Governmental functions normally fall into two categories: the act of governing, i.e., the discretionary exercise of Government authority, and monetary transactions and entitlements.

(1) An inherently governmental function involves, among other things, the interpretation and execution of the laws of the United States so as to—

(i) Bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise;

(ii) Determine, protect, and advance United States economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise;

(iii) Significantly affect the life, liberty, or property of private persons;

(iv) Commission, appoint, direct, or control officers or employees of the United States; or

(v) Exert ultimate control over the acquisition, use, or disposition of the property, real or personal, tangible or intangible, of the United States, including the collection, control, or disbursement of Federal funds.

Temporary help contractor employees shall not be considered, or treated, as Federal employees for any purpose, shall not be regarded as performing personal services, and shall not be eligible for civil service employee benefits, including retirement. Positions can be filled for an initial 120 workdays, with the ability to extend for an additional 120 days, not to exceed a total of 240 workdays.

The Contractor’s employees may be required to Remain Over Night (RON) during assignments. The Contractor will be reimbursed for employee’s travel, lodging, and per diem in accordance with the current Federal Travel Regulation (FTR).

The Contractor’s employees may be required to work beyond 40 hours per week. Contractor’s technician employees are covered by the Fair Labor Standards Act (FLSA) and shall be paid overtime hourly rates of time-and-one-half for all hours worked beyond 40 hours per week. Overtime shall be authorized by the Contracting Officer’s Representative (COR) in advance.

The Contractor’s employees may operate Government-owned vehicles after receiving a Government Driver’s License. The Contractor shall provide insurance coverage for the vehicle, personal, and property damage as stated below.

Initial required labor categories are Professional Specialists or Scientists in: forestry, botany, physiology or soils; and Technicians in: forestry, botany, physiology, or soils. Tasks for each category are as follows:

Specialist or Scientist: Forestry, Botany, Physiology, or Soils.

Prepares reports detailing information gathered from field work, literature review, or other sources.

Prepares presentations for scientific meetings.

Statistical or spatial analysis of data sets.

Amendment No. 003 Page 4 Prepares manuscripts for publication (including data analysis and literature review).

Assists PNW Station scientists in conduct of studies in their speciality

Assists PNW Station scientists in developing educational material for public use, this may include but not limited to handouts and developing or updating research websites.

Additional duties associated with, and in support of the project may be assigned by the project lead (PNW Station scientists) as needed from time to time.

[Individual task orders may require additional work as specified in the task order Statement of Work.]

All professional employees shall be compensated fairly and properly. Accordingly, the provision FAR 52.222-46, Evaluation of Compensation for Professional Employees, is included in this solicitation. This provision requires that offerors submit for evaluation a total compensation plan setting forth proposed salaries and fringe benefits for professional employees working on the contract. Supporting information will include data, such as recognized national and regional compensation surveys and studies of professional, public and private organizations, used in establishing the total compensation structure. Plans indicating unrealistically low professional employee’s compensation may be assessed adversely as one of the factors considered in making an award.

Technician: Forestry, Botany, Physiology, or Soils.

Work may be in a field (under all weather conditions), greenhouse, laboratory or office setting.

Serves as an inspector for tree measurement, plot establishment, plot maintenance, or plant collection contracts under the direction and guidance of the Contracting Officer Representative (COR). [as required.]

Represents the COR in securing [Inspects] Contractor’s compliance with project contractual technical specifications, work schedules, labor standards and provisions.

Measures plant characteristics including plant size, bud status, reproductive status, and physiological state.

Collects soil and plant samples (including seeds and plant cuttings)

Identifies various soil characteristics such as texture, depth to impervious layer, coarse fragment content

Identifies plant species and records plant cover by species

Installs and downloads weather stations and other environmental sensors in the field

Does field reconnaissance to determine future seed or cutting sites for native plant propagation or evaluates areas for research studies.

Obtains data pertaining to plant source, including species, location, and area of plant growth.

Uses Global Positioning System to document plant or research site locations.

Enters data into Access database, Excel spreadsheet or Geographical Information System.

Compiles notes and records of data obtained.

Codes seed germination, measures physiological characteristics such as leaf conductance.

Additional duties associated with, and in support of the project may be assigned by the project lead (PNW Station scientist) as needed from time to time.

The Service Contract Act (SCA) applies to all nonprofessional employees provided under this contract. “