OfferorsCopy.doc

Service RFQ

AG-24H8-S-14-0032

LL Mtce IDIQ-WMNF

UNDER BDSA REG. 2

AND/OR DMS REG. 1

FOB DESTINATION

FORMCHECKBOX

OTHER (See Schedule)

06/18/2014 4:30 pm ET Hardcoyp mail to address in block 5a submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

Boundary Line Maintenance IDIQ

White Mountain National Forest

Base year plus 4 one year options.

Enter pricing on schedule of items in section B

12. DISCOUNT FOR PROMPT PAYMENT

x

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

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

Blank Page

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Property Line and Corner Maintenance on the White Mountain National Forest

ITEM

UNIT

NO. DESCRIPTION

Est Quantity

UOM

PRICE

BASE YEAR AND FIRST OPTION YEAR (July 1, 2014-June 30, 2016)

1. Property Corner Maintenance

Each

2. Property Line Maintenance

Mile

SECOND, THIRD and FOURTH OPTION YEARS (June 30, 2016 – June 30, 2019)

1. Property Corner Maintenance

Each

2. Property Line Maintenance

Mile

Additional Contractor Notes:

1. Any contract awarded will be an Indefinite Delivery/Indefinite Quantity contract (IDIQ). All work will be issued on individual task orders against the IDIQ contract.

2. You must submit pricing for all items, including any option items and/or option years to be considered for award. Quantities are estimated for evaluation purposes, actual work may differ from these estimates. If more than one contact is awarded, individual task orders will be rotated between contractors.

3. The Contractor (or crew leader) must have successfully completed a two year curriculum in forestry or surveying. In lieu of education, at least three years of technical experience in forestry or surveying may be substituted. Contractor must submit a resume with their offer. See section L.

4. Contractor must be registered in www.sam.gov in order to submit an offer on this project. Obtaining a duns number and registering in SAM is free.

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 $2,000 but not in excess of $150,000.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

Biobased & Recycled Content Products

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to http://www.biopreferred.gov/bioPreferredCatalog/faces/jsp/catalogLanding.jsp.

For more information regarding Environmental Protection Agency list of designate products to http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm

The following is a list of EnergyStar products required on this contract:

SAFETY AND HEALTH

SUBMITTALS

A. Safety and Health Programs: The Contractor shall submit, for approval, a safety plan, as applicable to the work scope.

C-1- GENERAL SPECIFICATIONS

C-1.1 - Scope of Contract - The scope of this contract is to accurately maintain property boundary lines and/or property corners on the White Mountain National Forest. The contractor shall provide all supervision, labor, tools, equipment, materials and incidentals necessary to perform the work, except those Government-furnished materials described in Division 130.

C-1.2 - Location and Description - The project area is the White Mountain National Forest in the State of New Hampshire and Maine. A great deal of the land is mountainous and access is limited. The areas to be maintained are existing property lines that were surveyed and marked to standard ten or more years ago. Quality of previous surveys and their records may vary considerably from very good to poor, depending on the age since the original survey.

C-1.21 - Project Description - The work is maintaining Forest Service (FS) property boundary lines and corners and consists of:

Property Line Maintenance:

A. Clearing out brush and debris along FS property lines and near property signs so that they may be easily seen.

B. Maintaining property signs and sign posts.

C. Repainting Forest Service blazes along the property line.

Property Corner Maintenance:

A. Clearing brush and debris around the property corner and bearing trees.

B. Repainting and remeasuring Forest Service bearing trees and other reference objects.

C. Recording work done and monument information for each corner.

C-1.22 - Accessibility _ The project areas may be reached by Forest, State and town roads that border the project areas and are accessible by standard automobile or pickup truck during normal operation season. The Forest Service assumes no obligation to perform special maintenance to keep roads open.

The Contractor is permitted to travel any roads behind locked gates that the Forest Service itself uses for administration purposes. For various reasons a few roads on the Forest are closed to administrative use and therefore the contractor would also be restricted from use. The Contractor would coordinate all clearances for closed roads with the District Ranger in the project area concerned. Contractors’ padlocks may be added to Forest Service locks to allow access on administrative roads. The Contractor will coordinate use of his/her padlocks with the Contracting Officer’s Representative (COR).

When crossing private land the Contractor should ask permission from the private land owner and explain to them the work that he/she is doing for the Forest Service.

C-2 TECHNICAL SPECIFICATIONS

C-2.1A - Procedures and Standards for Property Line Maintenance

C-2.1A1 - Clearing Lines - Brush and debris within 3 feet of each side of the true property line, and obscuring blazes, signs, corner monuments and bearing trees shall be cleared or limbed. Debris should be piled on the FS side of the property line. Limbs shall be cut off flush with the trunk. On the private side of the property line, brush and trees should only be pruned. Do not cut anything near a private building.

When doing the above work, care must be taken to preserve the old blazes. Old blazes will not be re-marked with the ax, nor will hacks be added, nor will new blazes be made.

C-2.1A2 - Painting Old Blazes - Paint shall be thoroughly mixed, but should NOT be thinned. Forest Service blazes shall be repainted with a brush using the red paint furnished. Typically, Forest Service blazes established by authorized personnel are distinguished from unauthorized blazes by single hack marks above and below the government blaze. Paint the new bark formed since the blaze was made plus an additional 4” around the same but do not paint the hack marks. (An exception to this rule is for hack marks on bearing trees established by authorized personnel. See Section C-2.14 below.) Do not make new blazes or open up old blazes. Do not paint hacks or wounds caused by pruning the trees along the line. In addition to the Forest Service blazes made at the time of the survey (10+ years earlier) there may be other blazes along the line. Only those blazes within 3 feet of each side of the true property line will be repainted. Do not paint blazes which are not correct (further than 3 feet from the true property line) or which have not been established by authorized personnel. Only paint blazes on dead trees if there are not sufficient live blazed trees to identify the property line. If a blazed line previously established by authorized personnel appears to be substantially in error, or if a corner monument appears to have been moved, cease maintenance procedures within said affected area and notify the COR immediately of the problem.

NOTE: Certain lines or sections of lines may have been blazed and left unpainted, or not blazed at all. These lines are generally within sight of private buildings. These must be cleared but will not be repainted.

C-2.1A3 - Sign Post Maintenance - Maintain signs and sign posts as needed. Indicate work done on the back of the Property Boundary Maintenance Record card. If necessary, firm up (drive in) any previously established fiberglass line posts which appear to be otherwise accurately positioned and undisturbed. Do not reset posts that have been disturbed. Do not set additional posts.

C-2.1B - Procedures and Standards for Property Corner Maintenance

C-2.1B1 – Property Corner Maintenance - If there is a sign post, add a monument sign if needed. If there is no sign post add a new 6 foot orange fiberglass post with a survey monument sign decal. Clear brush from around the monument. Rock mounds should be rebuilt, if needed, but do not paint. If monument is not stable note this on the maintenance card. Bearing trees should be repainted as follows: repaint ring around the bearing tree above blaze, repaint single hack above and the two below face blaze and repaint face and butt blazes. If bearing tree is dead note this on the maintenance card, but still maintain the bearing tree to standard. Note whether the scribe marks are visible, and if so, if they are bark scribed. If bearing tree tags are missing from the bearing trees they should be added. Add new aluminum nails to existing tags if more than half of either nail is imbedded in the tree. New nails shall be driven to a point just into the cambium layer. Note the general location and direction of any road, fence, wall, trail, waterway, power line, or any other natural or manmade feature within 100 feet of the corner which would facilitate the future location of the same. Note diameter and height of any stone collar or mound erected about the monument along with the general aspect at the corner point (Example: “Found BCIP projecting 7” above top of supporting 3’ diameter x 18” high mound of stone with fiberglass post & ‘LSM 130’ sticker driven 1 foot SE side of monument. Corner falls on steep N40W slope, due west of C/L woods road running N15E and S35W.”).

C-2.1B2 - Boundary Maintenance Record Form - A completed Property Boundary Maintenance card (GM 7100-2 – (See attachment)) will be used to record the work as done in the field. With the top side of card oriented to true north, record what is stamped on the monument within the circular diagram on the card. Also note the bearing (oriented to true north) and horizontal distance from monument to bearing trees. Describe tree species and diameter at breast height (4.5 feet above ground). Distances to Bearing Trees shall be measured to an aluminum nail driven just into the cambium layer at base-side-center that represents the equivalent of a measurement to the center of the 1 foot high stump for the same tree. Said side-center nail placement is critical in that it will facilitate an accurate recovery of the original corner position even if only the rotting mass of said stump(s) can be found by future surveyors.

C-2.1B4 - Public Contacts - The Contractor is responsible for the conduct of his/her employees. They must maintain a courteous attitude toward users of the National Forest and abutting landowners when performing these services. All contacts with property owners will be documented on the back of the Property Boundary Maintenance record card. If the owner or his /her representatives express any adverse comments, the Contractor will notify the Contracting Officer Representative immediately. All encroachments or suspected encroachments will also be immediately reported. Typical encroachments include: outhouses, wood sheds, timber cutting, springs or spring lines, survey pins, maple tapping lines, ATV trails, etc. These and other items should be noted on the reverse side of the maintenance record card.

C-2.1B5 - Additional Information - The Contractor will be required to meet with the Contracting Officer's Representative or a designated inspector after completing the property boundary maintenance. The discussions will pertain to property line conditions and potential encroachments observed by the Contractor. This session is expected to last about two hours for the entire project

Some examples of information requested by the government are: difficulty in finding line, corners, or bearing trees; potential encroachments; type(s) of encroachment; officially established substandard line, damaged or missing corner monuments, etc. See Section C-2.1B4 above. A work map of the Tract, along with the maintenance record card will help in identifying these kinds of problems.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

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): http://farsite.hill.af.mil/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

PERFORMANCE-BASED SERVICE CONTRACT (PBSC) REQUIREMENTS

This Performance-Based Quality Assurance Surveillance Plan (QASP) was developed pursuant to the requirements of the Task Order Performance-Based Statement of Work for the National Forest to improve the effectiveness of the performance management system being used on the Forest. This plan sets forth procedures and guidelines that the National Forest will use in evaluating the technical performance of the Contractor. This plan includes disincentives for work that falls below the acceptable quality level.

Less than 95% compliance – rework is completed at no additional cost to the government. If re-work cannot be accomplished, payment will be reduced by the % of unacceptable work.

Less than 95% compliance – rework is completed at no additional cost to the government. If re-work cannot be accomplished, payment will be reduced by the % of unacceptable work.

Less than 100% compliance – rework is completed at no additional cost to the government.

Less than 100% compliance – rework is completed at no additional cost to the government.

Less than 95% compliance – rework is completed at no additional cost to the government.

Less than 100% compliance – 1% deducted from contract price for each missed encroachment and/or for each valid complaint.

Less than 100% compliance – work will not be accepted until after this meeting takes place.

SECTION F--DELIVERIES OR PERFORMANCE

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): http://farsite.hill.af.mil/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989) AGAR 452.211-74 Period of Performance. (Feb 1988)

The period of performance of this contract is from July 1, 2014 through June 30, 2019.

Completion dates of individual task orders will be negotiated at the time of task order issuance.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at 71 White Mountain Drive, Campton, NH 03223.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of award.

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.

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.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

ITEM

QUANTITY

1.

Listing of lines needing maintenance

As required

2.

A survey map of the Tract

If available

3.

A copy of the topo map for the area

As Required

4.

Land Corner cards (Form GM-7100-5)

5.

Boundary Maintenance Record form 2 cards/corner for each corner and line (GM 7100-2)

6.

Red property line paint

1 gallon/0.6 mile

7.

Bearing tree tags

8.

Boundary signs

9.

Aluminum nails

10.

Monument signs

11. Fiberglass Sign Posts

The contractor may pick up and return the Government-furnished property between 8:00 a.m. and 4:30 p.m., Monday through Friday except federal holidays, at the Forest Headquarters at 71 White Mountain Drive Campton, NH. The contractor shall be liable for all loss and damage of such furnished Government property until completion and final acceptance of work required under this contract.

Excess supplies are to be returned to the Government.

INVOICING

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

452-237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: crew leader with appropriate experience as discussed in Section B.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-7 System for Award Management (JUL 2013)

52.204-13 System for Award Management Maintenance (JUL 2013) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

52.222-25 Affirmative Action Compliance (APR 1984)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2011)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-23 Assignment of Claims (JAN 1986)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.245-1 Property Records - Alt 1 (APR 2012)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-75 Restrictions Against Disclosure (FEB 1988)

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items) (JAN 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

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

(ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).

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

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

(v) 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).

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

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

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jul 2013).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(vii) 52.233-1, Disputes (July 2002).

(viii) 52.244-6, Subcontracts for Commercial Items (Jul 2013).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $25,000 or more).

(ii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Walsh-Healey Public Contracts Act (Oct 2010) (41 U.S.C. 35-45) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35,Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).

(v) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).

(vii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.)

(viii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(ix) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be—

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)

(x) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition—

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xi) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)

(xii) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013). (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (Applies to contracts over $30,000).

(ii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) 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):

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights—

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

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 July 1, 2014 through June 30, 2019.

(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.

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 $30,000;

(2) Any order for a combination of items in excess of $40,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (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 5 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.

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 December 31, 2019.

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 30 days of contract expiration provided that the Government gives the Contractor a preliminary written notice of its intent to extend at 60 days 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 6 years.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (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 Class

Monetary Wage--Fringe Benefits

GS4 Labore

$135/day including fringes GS 5 Forestry Technician

$151/day including fringes 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30, 2014. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2014 until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

452.228-71 Insurance Coverage (NOV 1996)

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

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Air craft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS ALT 1 (DEVIATION 2012-01) (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

FAR 52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Agriculture Regulation (48 CFR ___4__) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

Order of Precedence—Uniform Contract Format Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

Diagram of typical line blazing

Property Boundary Maintenance Card

Service Contract Act Wage Determination (ME 1981-0205 dated 11/4/2013 and NH 1981-1256 dated 8/22/2013)

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor

VETS-100 Reporting

4200 Forbes Blvd., Suite 202

Lanham, MD 20703

Telephone: (301) 306-6752

Website: www.vets100.cudenver.edu

Reporting Questions: HelpDesk@vets100.com

Reporting Verification: Verify@vets100.com

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-8 Annual Representations and Certifications (JAN 2014)

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

(2) The small business size standard is $7 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

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

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’…