RFP AG-24H8-S-10-0103.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

05/20/2010

INFORMATION CALL:

2:00 p.m. 6/22/10

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

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HUBZONE SMALL

NAICS: 562991 BUSINESS

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: $7.0 Mil OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

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

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

USDA FS, White Mountain National Forest various locations

16. ADMINISTERED BY CODE

USDA FS, NEAT, 4 Farm Colony Drive, Warren, PA 16365

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA FS National Finance Center

TELEPHONE N0.

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

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SEE ADDENDUM

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

25. ACCOUNTING AND APPROPRIATION DATA

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

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

Base Year – October 1, 2010 – September 30, 2011

Location “AN”, Androscoggin Ranger District

Furnish all labor, equipment, supervision, transportation and supplies to perform Septic Tank/Vault Pumping & Disposal Services at the Androscoggin Ranger District.

All Debris must be removed from the Tanks/Vaults

The number of pumping shown is an estimate only. The Forest Service makes no guarantee as to the number of pumpings under this contract. There could be more or less depending on use at the facilities

Base Year – October 1, 2010 – September 30, 2011

Location “PE”,Pemigewasset Ranger District

Furnish all labor, materials, supplies, tools,equipment, supervision, transportation to perform Septic Tank/Vault Pumping & Disposal Services at the Ammonoosuc & Pemigewasset Ranger District.

The number of pumping shown is an estimate only. The Forest Service makes no guarantee as to the number of pumpings under this contract. There could be more or less depending on use at the facilities

Base Year – October 1, 2010 – September 30, 2011

Location “SA”,Saco Ranger District

Furnish all labor, equipment, supervision, transportation and supplies to perform Septic Tank/Vault Pumping & Disposal Services at the Saco Ranger District.

The number of pumping shown is an estimate only. The Forest Service makes no guarantee as to the number of pumpings under this contract. There could be more or less depending on use at the facilities

Option Year 1 – October 1, 2011 – September 30, 2012 Location “AN”, Androscoggin Ranger District

Furnish all labor, equipment, supervision, transportation and supplies to perform Septic Tank/Vault Pumping & Disposal Services at the Androscoggin Ranger District.

The number of pumping shown is an estimate only. The Forest Service makes no guarantee as to the number of pumpings under this contract. There could be more or less depending on use at the facilities

Option Year 1 – October 1, 2011 – September 30, 2012

Location “PE”,Pemigewasset Ranger District

Furnish all labor, materials, supplies, tools,equipment, supervision, transportation to perform Septic Tank/Vault Pumping & Disposal Services at the Ammonoosuc & Pemigewasset Ranger District.

The number of pumping shown is an estimate only. The Forest Service makes no guarantee as to the number of pumpings under this contract. There could be more or less depending on use at the facilities

Option Year 1 – October 1, 2011 – September 30, 2012

Location “SA”,Saco Ranger District

Furnish all labor, equipment, supervision, transportation and supplies to perform Septic Tank/Vault Pumping & Disposal Services at the Saco Ranger District.

The number of pumping shown is an estimate only. The Forest Service makes no guarantee as to the number of pumpings under this contract. There could be more or less depending on use at the facilities

Option Year 2 – October 1, 2012 – September 30, 2013

Location “AN”, Androscoggin Ranger District

Furnish all labor, equipment, supervision, transportation and supplies to perform Septic Tank/Vault Pumping & Disposal Services at the Androscoggin Ranger District.

The number of pumping shown is an estimate only. The Forest Service makes no guarantee as to the number of pumpings under this contract. There could be more or less depending on use at the facilities

Option Year 2 – October 1, 2012 – September 30, 2013

Location “PE”,Pemigewasset Ranger District

Furnish all labor, materials, supplies, tools,equipment, supervision, transportation to perform Septic Tank/Vault Pumping & Disposal Services at the Ammonoosuc & Pemigewasset Ranger District.

The number of pumping shown is an estimate only. The Forest Service makes no guarantee as to the number of pumpings under this contract. There could be more or less depending on use at the facilities

Option Year 2 – October 1, 2012 – September 30, 2013

Location “SA”,Saco Ranger District

Furnish all labor, equipment, supervision, transportation and supplies to perform Septic Tank/Vault Pumping & Disposal Services at the Saco Ranger District.

The number of pumping shown is an estimate only. The Forest Service makes no guarantee as to the number of pumpings under this contract. There could be more or less depending on use at the facilities

Option Year 3 – October 1, 2013 – September 30, 2014

Location “AN”, Androscoggin Ranger District

Furnish all labor, equipment, supervision, transportation and supplies to perform Septic Tank/Vault Pumping & Disposal Services at the Androscoggin Ranger District.

The number of pumping shown is an estimate only. The Forest Service makes no guarantee as to the number of pumpings under this contract. There could be more or less depending on use at the facilities

Option Year 3 – October 1, 2013 – September 30, 2014

Location “PE”,Pemigewasset Ranger District

Furnish all labor, materials, supplies, tools,equipment, supervision, transportation to perform Septic Tank/Vault Pumping & Disposal Services at the Ammonoosuc & Pemigewasset Ranger District.

The number of pumping shown is an estimate only. The Forest Service makes no guarantee as to the number of pumpings under this contract. There could be more or less depending on use at the facilities

Option Year 3 – October 1, 2013 – September 30, 2014

Location “SA”,Saco Ranger District

Furnish all labor, equipment, supervision, transportation and supplies to perform Septic Tank/Vault Pumping & Disposal Services at the Saco Ranger District.

The number of pumping shown is an estimate only. The Forest Service makes no guarantee as to the number of pumpings under this contract. There could be more or less depending on use at the facilities

Option Year 4 – October 1, 2014 – September 30, 2015

Location “AN”, Androscoggin Ranger District

Furnish all labor, equipment, supervision, transportation and supplies to perform Septic Tank/Vault Pumping & Disposal Services at the Androscoggin Ranger District.

The number of pumping shown is an estimate only. The Forest Service makes no guarantee as to the number of pumpings under this contract. There could be more or less depending on use at the facilities

Option Year 4 – October 1, 2014 – September 30, 2015

Location “PE”,Pemigewasset Ranger District

Furnish all labor, materials, supplies, tools,equipment, supervision, transportation to perform Septic Tank/Vault Pumping & Disposal Services at the Ammonoosuc & Pemigewasset Ranger District.

The number of pumping shown is an estimate only. The Forest Service makes no guarantee as to the number of pumpings under this contract. There could be more or less depending on use at the facilities

Option Year 4 – October 1, 2014 – September 30, 2015

Location “SA”,Saco Ranger District

Furnish all labor, equipment, supervision, transportation and supplies to perform Septic Tank/Vault Pumping & Disposal Services at the Saco Ranger District.

The number of pumping shown is an estimate only. The Forest Service makes no guarantee as to the number of pumpings under this contract. There could be more or less depending on use at the facilities

The period of performance on this contract is for a base period of one year starting October 1, 2010 through September 30, 2011 with four additional option periods of one year each.

Performance is at various locations listed above in the schedule of items and the services will be ordered by individual task orders under this basic contract utilizing the above schedule for pricing.

It is anticipated that one or more awards will be made under this solicitation.

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 $2,500 over the life of the contract but not in excess of $350,000.00.

1.

Award will be made to one offeror based upon the offeror proposing the best overall value to the government, price and technical evaluations inclusive.

2.

The contract includes a base period of one year with four options years which may be unilaterally exercised by the Government. If exercised, a written notice will be sent to the Contractor not later than 60 days before contract expiration.

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 09/30/2015.

(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.

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 $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $350,000;

(2) Any order for a combination of items in excess of $350,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(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) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 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.

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, the 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 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 this contract after (6 months after contract expiration).

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 _____ 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.

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)

52.216-27 Single or Multiple Awards (OCT 1995) 52.237-1 Site Visit (APR 1984)

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

452.204-70 Inquiries (FEB 1988)

FAR 52.215-5 Facsimile Proposals (OCT 1997)

FACSIMILE PROPOSALS ARE NOT BEING ACCEPTED UNDER THIS RFP.

FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a firm fixed priced indefinite delivery indefinite quantity type contract resulting from this solicitation.

Offeror shall supply the following information:

DUNS #

Taxpayer Identification Number (TIN) _______________________

E-Mail Address ___________________________________________

For additional information contact the: following personnel:

Location AN

Androscoggin Ranger District, 300 Glen Road, Gorham, NH 03581-1399. Contact person is Jennifer Olmsted, Telephone (603) 466-2713, ext. 217.

Location PE

Pemigewasset Ranger District, 71 White Mountain Drive, Campton, NH 03223-4272, Contact Person is Brent Beebe, Telephone (603) 536-6104

Location SA

Saco Ranger District, 33 Kancamagus Highway, Conway NH, 03818-6019, Contact Person is Ronald Shorey (603) 447-5448, ext. 111

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1-1 Scope of Contract

This solicitation is to provide all labor,materials, supplies, tools, equipment, supervision and transportation to perfrom the task of pumping pit and vault toilets and disposing the effluent at Bartlett Lagoon, Sewage Treatment Plant on the White Mountain National Forest. (Or at a state approved municiple plant if more cost effective.) Contractor shall furnish, on a call when needed basis, toilet pumping services, in accordance with the following contract specifications and in accordance with State and Federal regulations. The contractor shall be required to replenish each tank with 200 gallons of fresh chlorine and disinfectant free water.

C.1-2 Description, Dates and Location .

Contract areas are located within the boundaries of the”

Androscoggin Ranger District, Coos County, New Hampshire, and Oxford County, Maine. (Location AN), Pemigewasset Ranger District, Carroll County, New Hampshire. (Location PE), Saco Ranger District, Carroll County,New Hampshire, & Oxford County, Maine. (Location SA).

The number of days and exact dates on which services will be required cannot be predetermined. The location of the work sites, access to the sites, and other information pertinent to each area is contained in Section J, List of Attachments.

Toilet Volume

Location “AN”

Androscoggin Ranger District

-10-

Toilet Volume

Location “PE”

Pemigewasset Ranger Districts

Toilet Volume

Location “SA”

Saco Ranger District

C.1-3 Scheduling Work The Contracting Officer Representative (COR) will notify the Contractor of the required servicing. This initial notification may be by phone, FAX, or other means. The Contractor shall complete the required servicing within 72 hours (not including Saturday or Sunday) after the initial notification. Generally, servicing shall be between the hours of 8 A.M. and 5 P.M. Occasional emergency pumping may be required, and may be outside the 8 A.M. to 5 P.M. constraint. Response time for any emergency will be by mutual agreement between both parties.

C.1-4 Definitions

1. Sewage liquid, semi-liquid, and solid waste matter.

2. Debris all other refuse found in vault toilets, to include but not limited to items such as the following:

Cans, bottles, rocks, sticks and logs, deerheads, clothing, plastic bags and containers, metal products, pinecones, waste food products, cardboard and paper products, whole rolls of toilet paper, toilet paper dispensers, tools, diapers and sanitary napkins, miscellaneous trash, etc... All of this Debris shall be removed from the vault/tank when the vault/tank is pumped.

C.1-5 Prework Conference Prior to the start of work, a meeting may be scheduled by the Contracting Officer's Representative to be attended by the Contractor, The Contracting Officer, the Contracting Officer's Representative, (COR) and other Forest Service Personnel who may be involved in the administration of this contract. The meeting will be held at a time and place mutually agreeable to the Contractor and Contracting Officer. The purpose of this meeting is to thoroughly discuss the schedule of work, work performance requirements, approved waste disposal sites, contract terms, and to familiarize both parties with the responsibilities of each under the terms of this contract.

C.1-6 Contractor's Representative Prior to the start of work, the Contractor shall designate in writing, a person to act for him during his absence from any work site and shall specify the scope of their authority.

C.2 TECHNICAL SPECIFICATIONS

C.2-1 Equipment The Contractor shall furnish all toilet pumping equipment, tank truck (a truck that can reverse the suction process and create a pressure force is (preferred) so that the inevitable clogged lines can be more easily cleaned), tools, approved disinfectant, and other equipment and supplies necessary to perform work in accordance with these specifications. A four inch (minimum size) suction hose and attachment couplings shall be utilized to accomplish all pumping requirements. The length of hose must be long enough to accomplish the required pumping.

Some suggested tools are: Two 6 foot long clam rakes with 6 inch long tines (the tines shall be completely dulled or rounded on the ends to prevent the tines from injuring the pumper or his/her helpers and from puncturing any rubber or synthetic liners that may be present in the vault), a long handled grabber, plastic bags to haul away all the miscellaneous debris (see C.1-4), brushes designed for cleaning up the spilled waste, and containers to mix the cleaning and disinfecting solutions in.

All disinfecting solutions shall be approved by the COR. Unless there is blood or other bodily fluids present there will be NO use of disinfectant in or around the restrooms or tanks. Tool and utensiles that are to be use in the tanks will have no disfectants present on them. In the event that there is blood or other bodily fluids present the use of disinfectants will be confined to the immediate area, and every precaution will be use to prevent any disifenctant from entering the tank. All other clean up will be accomplished with a COR approved enzeme product.

All equipment shall be in full accordance with any Local, County, State, and Federal Regulations.

C.2-2 Pumping Procedures When an Outside Manhole is Available As long as the outside pump-out access is in excess of 20 inches in diameter (or 20 inches square) the Contractor shall not be allowed to remove the vault contents through the toilet riser.

After removing the manhole cover, use the clam rakes or long handled grabber to remove as much of the debris as possible before trying to pump out the waste. This procedure will help stir up the contents of the vault and break up the dense concentration of waste typically located just under the toilet riser (the impact zone). By removing most or all of the debris before pumping, the Contractor will find that the 4 inch hose will not clog so often and the liquid portion of the contents will not be removed before the thicker solids are removed.

ALL DEBRIS REMOVED FROM THE VAULT SHALL BE PLACED INTO A LEAK PROOF CONTAINER SO THAT NO CONTAMINATION TO THE SURROUNDING GROUND WILL RESULT.

If the bottom of the vault is flat, then the waste shall be removed down to within 4-5 inches of the bottom. At this point the 4 inch hose will begin to suck air (vortexing) and further removal will be slow. At this time remove any further debris that was not removed during the initial raking and removal.

If the bottom of the vault is sloped (all vaults should be sloped a minimum of 1 inch per ft), then pump the waste down (at the deep end) to where the hose begins to suck air. Remove any remaining debris.

Clean up all contaminated areas resulting from the pumping process. Either sweep or wash all waste that is deposited on the concrete surrounding the manhole cover, back into the vault if possible. The waste that runs off the edge of the concrete, onto the dirt or into the gravel edge, will be an attractant for flys, a potential health risk and an odor problem. This problem should be avoided.

Clean thoroughly around the manhole cover gasket area and replace the cover. Run a continuous bead of COR Approved silicone chaulking in the joint to ensure no air or surface water can enter the tank. The manhole cover SHALL fit with an airtight seal so that the venting process of the vault toilet is not interfered with. If there is not an airtight seal, the Contractor shall notify the COR.

C.2-3 Offsite Disposal of Sewage and Debris The Forest Service will provide offsite disposal at Bartlett Lagoon, Sewage Treatment plant which is located in Bartlett, NH. A State approved Municiple Treatment Plant is acceptable if more cost effective.

All equipment used in performance shall be in good condition meeting OSHA requirements.

Disposal shall conform to all Federal, State, and Local laws, regulations, and ordinances.

Transportation of all effluent to the treatment facility shall be done with a vehicle meeting Federal and State licensing and safety regulations and shall be properly insured.

The Contractor shall be responsible to prevent spillage and to haul all waste material (sewage and debris) in watertight containers.

Handling of all waste material shall be in accordance with all applicable health regulations.

C.2-4 Conduct of Personnel The Contractor and his employees shall make every reasonable effort to prevent interference with the normal use and occupancy of recreational areas while engaged in the performance of the contract.

Due to the nature of the duties under the contract, the Contractor and his employees shall keep themselves and equipment presentable at all times. The Contracting Officer may, in writing, require the Contractor to remove from the work site any employee the Contracting Officer deems incompetent, careless, discourteous to the public, or is otherwise objectionable, or for theft, possession and/or removal of materials, supplies, equipment or any Government owned property.

C.2-5 Resource Damage Any damage or defacement that occurs to government property or land resources during the Contractors operations shall be repaired at the Contractor's expense to its original condition. Onsite inspection will be made by the COR prior to the acceptance of work.

C.3.0 - BIOBASED PRODUCTS

All supplies and materials use in this contract and not provided by the government shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extend feasible and reasonable; include the exclusive use of biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., biobased cleaners, biobased degreasers, floor wax, etc.) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. For the biobased content products evaluation, all non-chemical products proposed for use under this contract must conform to the Department of Agriculture (USDA) Designated Biobased Products List (DBPL) whenever practicable. Contractors should provide data for their biobased solvents and cleaners to document biobased content, and source of biobased material (i.e. particular crop or livestock). Any material which the COR suspects does not meet Federal specifications or standards shall be tested at the Contractor's expense by an independent testing laboratory qualified to perform such tests as are required. A copy of the laboratory report giving the results of the test and a sample of each product, if requested, shall be submitted to the COR. These products shall meet the requirements established by applicable Federal specifications and standards or be considered unacceptable for use.

C.4.0 Product Demonstration, Employee Training and Technical Assistance

USDA believes that a demonstration of how to use the products, free samples, an effective training program for the products selected, and technical assistance are central to the selection and eventual success of purchasing and using biobased products. USDA will look for vendors who will 1) demonstrate their products and leave free samples and 2) when selected, offer effective training to all Forest Service staff and be available with technical assistance to trouble shoot problems.

C-5.1 Surveillance The Government COR will receive complaints from Forest Service personnel and or the public and pass them to the contractor’s quality control inspector (QCI) for correction.

C-5.2 Quality Assurance Standards.

Customer complaints shall not exceed three complaints per quarter (three month period) . The COR shall notify the contracting officer for appropriate action if any of the above performance objectives exceed the limitations cited in the above performance thresholds.

C-5.3 Quality Assurance Procedures.

Any Forest Service employee that observes unacceptable service either incomplete or not performed, for any of the above performance objectives should immediately contact the COR and the COR will complete appropriate documentation to record the complaint. The COR will consider the customer complaint valid upon receipt from the customer. The COR should inform the customer of the approximate time the unacceptable performance will be corrected and advise the customer to contact the COR if not corrected. The COR will consider customer complaints as resolved unless notified otherwise by the customer.

Any complaint receive from the public directly to the White Mountain National Forest, Shall be pass on to the contractor for correction.

PERFORMANCE REQUIREMENT SUMMARY

Requirements

Item No (All) Performance

Standard Method of

Assessment Incentive/Deduction

Pump and Dispose of all effluent in Tanks / Vault at the location specified in the contract.

Remove all materials as specified in section “C” C-1.4 (2) 100% Pump & Dispose at the Bartlett Lagoon or in a state approved site all effluent in Tanks / Vaults at each location replace with 200 gallons of fresh water as specified in Section “C” C-1-1

100% no materials listed in Section “C” C-1.4 (2) shall be left in the Tanks / Vaults

Deductions

After work has been re-worked once.

The Government shall have the right to have the work redone and charge the contractor(s) actual charges for having the work re-done including inspection and Contract Administration.

SECTION E INSPECTION/ACCEPTANCE/PAYMENT

Invoices shall be sent to the:

USDA Forest Service, White Mountain National Forest, 71 White Mountain Drive, Campton, NH 03223-4272.

Attn Ron Zabka.

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

CONTRACT CLAUSES

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUN 2009)

(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)).

(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 shall check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 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 (Dec 2008) (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 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

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

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

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

___ (7) [Reserved]

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

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

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

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

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

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

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

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

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

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

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

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

___ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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

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

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

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

_X__ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

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

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

_X__ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

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

___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_X__ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_X__ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989).