Complete AG-4146-S-12-0001.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

MONTGOMERY AL 36107

2946 CHESTNUT STREET

NATIONAL FORESTS IN ALABAMA

CODE 16. ADMINISTERED BYCODE

X

X

X

115112

SIZE STANDARD:

100.00% FOR:SET ASIDE:UNRESTRICTED OR

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

11/03/2011 1600 CT

10/11/2011

334-241-8169MARGARET YEATON

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-4146-S-12-0001

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEM 1. REQUISITION NUMBER PAGE OF

1 45 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

THE NATIONAL FORESTS IN ALABAMA

ON

THE RANGER DISTRICTS

TO ONE UP TO ALL OF THE FOLLOWING

15. DELIVER TO

MONTGOMERY AL 36107

2946 CHESTNUT STREET

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.0

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

EMERGING SMALL

BUSINESS

8(A)

NATIONAL FORESTS IN ALABAMA

SOLE SOURCE

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

*See Schedule of Items continued on page 3 to complete information for Block 18, 19, 20, 21, 22, 23, and 24.

A Pre-Proposal meeting will be held on Oct 20, 2011 at 10:00 at the Supervisor's Office, 2946 Chestnut St., Montgomery, AL 36107. (Refer to page 18)

The Government reserves the right to award to the offeror(s) providing the best value to the

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

MARGARET YEATON

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS

NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 3/2005) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Government. Award may not necessarily be made to offeror submitting the lowest price.

001 Tree Planting and/or Re-Planting for the National

Forests in Alabama as per the Specifications, Attachment 1. --See Schedule of items on pages 3 and 4 to complete pricing.

Product/Service Code: F005

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST TREE PLANTING

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

45 2 of

Tree Planting –National Forests in Alabama AG-4146-S-12-0001

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

Continuation of SF1449

Block 19, 20, 21, 22, 23, and 24

SCHEDULE OF ITEMS

The Contractor shall furnish all labor, materials, equipment, tools, transportation, and supervision, supplies to plant seedlings in accordance with the Solicitation Provisions, Contract Clauses, and Statement of Work/Specifications as a result of this solicitation for the National Forests in Alabama:

Item

NO.

ITEM NO. EST

QTY

UNIT UNIT

PRICE

AMT.

All Items

FOB: Destination to one up to all of the following Ranger Districts located in the National Forests in Alabama:

Oakmulgee Ranger District Bankhead Ranger District 9901 Hwy 5 1070 Hwy 33 Brent, AL 35034 Double Springs, AL 35553

Shoal Creek Ranger District Conecuh Ranger District 45 Hwy 281 448 Heflin, AL 36264 Andalusia, AL 36420

Talladega Ranger District Tuskegee Ranger District 1001 North Street 125 National Forest Road 949 Talladega, AL 35160 Tuskegee, AL 36083

BASE YEAR – AFTER AWARD THROUGH SEPTEMBER 30, 2012

Tree Planting or Re-Planting of Seedlings on one up to all of the Ranger Districts in the National Forests in Alabama Period in Performance: 12/01/2011-03/31/2012 Product/Service Code: F005 Product/Service Description:

Soil Preparation, Planting, and Cultivating

OPTION 1 – OCTOBER 1, 2012, THROUGH SEPTEMBER 30, 2013

Tree Planting and/or Re-Planting of Seedlings on one up to all of the Ranger Districts in the National Forests In Alabama Period of Performance: 12/01/2012-03/31/2013 Product/Service Code: F005 Product/Service Description:

Soil Preparation, Planting, and Cultivating

OPTION II – OCTOBER 1, 2013, THROUGH SEPTEMBER 30, 2014

Tree Planting and/or Re-Planting of Seedlings on one up to all of the Ranger Districts in the National Forests In Alabama Period of Performance: 12/01/2013-03/31/2014 Product/Service Code: F005 Product/Service Description:

Soil Preparation, Planting, and Cultivating

Acre http://www.arnet.gov/far/

OPTION III – OCTOBER 1, 2014, THROUGH SEPTEMBER 30, 2015

Tree Planting and/or Re-Planting of Seedlings on one up to all of the Ranger Districts in the National Forests In Alabama Period of Performance: 12/01/2014-03/31/2015 Product/Service Code: F005 Product/Service Description:

Soil Preparation, Planting, and Cultivating

OPTION IV – OCTOBER 1, 2015, THROUGH SEPTEMBER 30, 2016

Tree Planting and/or Re-Planting of Seedlings on one up to all of the Ranger Districts in the National Forests In Alabama Period of Performance: 12/01/2015-03/31/2016 Product/Service Code: F005 Product/Service Description:

Soil Preparation, Planting, and Cultivating

TOTAL OF BASE YEAR AND FOUR OPTION YEARS

(Items 001-005)

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 $25,000, but not in excess of $500,000 over the lifetime of the contract. The minimum quantity applies only to the base period.

DUNS# ___________________________

TAX ID# __________________________

Vendor must be registered in CCR (www.ccr.gov) and ORCA (www.bpn.gov ) and should be updated to be awarded any resultant contract.

INSTRUCTIONS TO OFFERORS:

Return the following as your offer:

SF1449 completed and signed (Page 1) Pricing ( Pages 3-4) Representations – Page 21 (bolded block)) Experience Questionnaire (Attachment 3) (Refer to page 16) Completed Past Performance Questionnaires returned by references (Attachment 4) (Refer to page 16) Acknowledge any amendments issued.

Registered in CCR and ORCA completed.

NO BONDING IS REQUIRED

Write or type on outside of envelope in which the offer is submitted:

ATTENTION: Margie Yeaton AG-4146-S-12-0001 so that mailroom personnel will recognize document as an offer for this solicitation. (No e-mail proposals are allowed)

Proposals may be faxed to (334) 241-8177.

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

CONTRACT CLAUSES

http://www.arnet.gov/far/

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (JUN 2010)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items Aug 2011)

(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 check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). (Applicable over $150,000)

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C.

6101 note).

_X_ (6) 52.209-6, Protecting the Government‘ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

_X_ (11) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

_X_ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). ). (Applicable over $150,000)

_X_ (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). (Applicable over $150,000)

_X_ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X_ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (25) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (Applicable over $100,000)

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

_X_ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). (Applicable over $100,000)

_X_ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (32) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (Applicable over $150,000 and over 120 period of performance)

_X_ (36) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

_X_ (40) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.‘s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_X_ (45) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

Forest Technician GS-5, Step 3 Forest Aide GS-3, Step 2

*Fringe Benefits: Life, Accident and Health insurance and Sick Leave Program-5.1 percent of basic hourly rate. Paid Holidays- 10 days per year. Vacation- 13 days paid vacation per year up to 3 years of service, 20 days after 3 years of service, and 26 days after 15 years of service. Retirement- 7 percent of basic hourly rate

X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the task order or task order start date (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than * calendar days. The time stated for completion shall include final cleanup of the premises.

*The task order will usually be issued for work to start during month of December. A pre-work will be held in November/December timeframe to determine the start dates for the base and any option period. No work can begin before a pre-work is held. Refer to Exhibit A, paragraph A-5, Task Order Process.

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 Sep 30, 2012 for the basic period. Option I – Sep 30, 2013, Option II – Sep 30, 2014, Option III – Sep 30, 2015, Option IV— Sep 30, 2016.

(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 $1,000.00, 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 $5,000.

(2) Any order for a combination of items in excess of $100,000

(3) A series of orders from the same ordering office within 5 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 3 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 Sep 30, 2012 for the base period. Option I—Sep 30, 2013, Option II— Sep 30,2014, Option III— Sep 30,2015, Option IV— Sep 30,2016.

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

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 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 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 5 years.

52.232-18 -- Availability of Funds (JUN 1984)

AGAR 452.211-75 Effective Period of the Contract (FEB 1988)

The effective period of this contract is from date of contract award through 30 Sep 2012. (Base Period) Option I: Oct 1, 2012 – Sep 30, 2013. Option II: Oct 1, 2013 – Sep 30,2014, Option III: Oct 1, 2014 – Sep 30,2015, Option IV: Oct 1, 2015 – Sep 30,2016

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract will be December 1, 2011 – March 31, 2012 for the base period. Option I: December 1, 2012 – March 31, 2013, Option II December 1, 2013 – March 31, 2014, Option III: December 1, 2014 – March 31, 2015. December 1, 2015 – March 31, 2016

Refer to FAR 52.211-10, for issuance of task orders.

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. The conference will be held at National Forests in Alabama Supervisor Office or one of the Ranger Districts locations. If necessary, the meeting may be held via teleconference at the convenience of the Forest Service. The purpose of the meeting is to discuss work schedules, inspection procedures and thoroughly reviewing the scope of the contract

No work can begin under any task order until a pre-work has been held for the base period and/or any option year.

PERSONAL PROTECTIVE EQUIPMENT

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

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

3. Defective or damaged personal protective equipment shall not be used.

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

5. The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support.

Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

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

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

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

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

The following provisions apply to all camping on National Forest lands during performance of this contract:

1. These provisions are in addition to those contained in, or provided for, in the clause titled ―Use of Premises‖, in this contract.

2. Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

3. The campsite will not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping shall be permitted within developed recreation sites or along primary recreation roads.

4. The campsite shall have a clean appearance at all times.

5. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other

Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

7. Damaging or removing any natural feature or other property of the Forest Service is prohibited.

8. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

9. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items.

10. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes.

11. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition.

12. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

13. Basic first aid supplies shall be maintained, available and under the charge of a person trained to administer first aid. The supplies shall include:

a. Gauze pads (at least 4x4 inches)

b. Two large gauze pads (at least 8x10 inches)

c. Box adhesive bandages (band-aids)

d. One package of gauze roller bandage at least 2 inches wide

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

k. Resuscitation device such as resuscitation bag, airway, or pocket mask

14. Any washing of laundry shall be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

15. Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

16. The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

17. The contractor shall comply with the following fire regulations during fire season:

a. A shovel, axe or pulaski, 10 quart pail which is full of water for immediate use and a fire extinguisher with an

Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

b. All fire rings or outside fireplaces will be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site.

c. All generators and other internal combustion engines will be equipped with USFS approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

d. All fuel will be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

18. Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.

19. The Forest Service reserves the right to terminate a camping permit at any time.

MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire undocumented workers. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment;

(2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801- 1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, record keeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

(iii) Payments must be made no less frequently than every two weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be register all vehicles used to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle.

Generally passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations referenced at 29 CFR 500.105. All drivers must have a current, valid State driver‘s license and must comply with Department of Transportation work/rest requirements.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance in accordance with applicable state requirements.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

Worker Housing Supplement to 4G52.222-702 (d) (4)

(iii) If the contractor is not furnishing worker housing:

Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, which meets all applicable state and federal standards for employee housing.

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the Contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

If the housing site is not located on a National Forest, the site must meet the applicable housing standards in MSPA.

If an exemption from the permit requirement is claimed, the contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption under that law, and identifying a USDOL employee or official who stated or concurred that the accommodations were exempt, citing name, date, and means of communication.

If the housing site is changed after approval by the Contracting Officer, the contractor must provide a new Permit or exemption statement. The above requirements are material conditions of this contract. If the contractor fails to comply, the Government may terminate the contract. In addition, other remedies or penalties prescribed by law may apply

Field Sanitation In accordance with US Department of Labor Fact Sheet No. ESA 97-28 ―Field Sanitation Standards‖ (Ref. 29CFR 1928.110), employers must provide:

► Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees.

► Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary.

► Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize them.

Employees cannot be made to bear the costs incurred by the employer for providing required facilities.

FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration (DEC 1999)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

ATTACHMENT 1 Specifications—Tree Planting on the National Forests in Alabama 10 pages

ATTACHMENT 2 Department of Labor Service Wage, Determination 3 Pages Determination No. 2002-0147, Rev 17, Dated 6/13/2011

ATTACHMENT 3* Experience Questionnaire 2 Page

ATTACHMENT 4* Past Performance Questionnaire 2 Pages

ATTACHMENT 5 Vicinity Maps 6 Pages

*Not included in resultant contract

EXHIBIT A--CONTRACT ADMINISTRATION DATA

A-1 CONTRACTING OFFICER

a. The Contracting Officer (CO) responsible for award and administration of this contract:

Margie Yeaton National Forests in Alabama 2946 Chestnut Street Montgomery, AL 36107

(334) 241-8169 myeaton@fs.fed.us

b. Any warranted Contracting Officer assigned to the Southern Administrative Zone is authorized to place orders against this contract subject to their respective warrant limitation

c. A Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modification to contracts, processes and approves payment request, reviews and make final decisions on contractual discrepancies, and administers the contract. The CO will also be responsible for the day-to-day monitoring of the contractor‘s performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COTR‘s assessment of the contractor‘s performance; and resolving all differences between the COTR‘s version and the contractor‘s version. The Contracting Officer is the only authorized individual to make changes to the contract.

A-2 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE(S) – LIAISON

a. Contracting Officer‘s Technical Representative(s) (COTR) and/or inspector will be designated in writing at the time of contract award. A copy of the designation will be furnished to the Contractor.

b. The COTR will act as liaison between the USDA Forest Service herein referred to as ―FS‖ and the Contractor(s), and, when necessary, will provide technical direction to the Contractor(s). COTR is responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor. The COTR, however, is not authorized to change any of the terms and conditions of the contract, make decisions concerning disputes arising under the contract, or resolve differing site condition matters.

Neither the presence nor absence of a government representative shall relieve the Contractor(s) of his/her/their responsibilities under the contract.

c. The Contracting Officer for this contract should be informed as soon as possible of any actions or inaction‘s by the Contractor or the Government which could change any of the terms, conditions, or completion time stated in the contract. On all matters pertaining to contract terms, the Contractor must communicate with the Contracting Officer.

d. Whenever, in the opinion of the Contractor, the COTR requests effort outside the scope of the Contract, the Contractor should advise the Contracting Officer immediately.

A-3 CONTRACTOR’S REPRESENTATIVE.

Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

A-4 JOB SITE ADMINISTRATION

The Government will designate a COTR and/or Contract Inspector (CI) who will be available at the site to inspect the work as it progresses. The COTR or CI will prepare an Inspector‘s Daily Log/Diary, beginning with the first day of the contract, detailing items including but not limited to: ground and weather conditions and weather conditions, work being performed, materials delivered, and notes of any problems or difficulties. Government inspections do not relieve the Contractor(s) of the responsibility of providing adequate quality control measures.

A-5 TASK ORDER PROCESS

a. The contractor shall furnish all personnel, materials, equipment, services and facilities (except as otherwise specified) necessary to perform in accordance with the contract specifications for each task order.

b. A task order is the contractual instrument issued by the Government to the Contractor to order work. The Government issues the task order unilaterally based on the pricing indicated in the schedule of items and the terms and conditions of the contract. One task order may be issued for all of the Ranger Districts at one time for the number of seedlings to be planted during the season. (The usual planting season will be from December through February—perhaps extending into March) The minimum time allowed for completion of each delivery order shall be based on the contractor completing a 16 acres per day. Two (2) days will be allowed for travel between the Ranger Districts (One (1) for mobilization and one (1) for demobilization) Plus, 1 additional day will be added to account for weather and other factors for every 5 work days. Time includes weekends and holidays. The contractor is not required to work weekends and holidays but these days will be included in the performance period. The location of areas to be planted and maps for areas to be planted shall be provided with each task order.

c. In the event task order(s) are issued separately for any Ranger District in the National Forests of Alabama, the same time guidelines as indicated above in paragraph b. will be used to determine the minimum number of days for the performance period for the task order. The start date will be the date following the end date of any previous issued task order for another Ranger District. For Example if work is to be completed on the Tuskegee on 15 Dec 2011 than work will begin again on the Oakmulgee on 17 Dec 2011.

d. No work will be performed during the week between Dec 23-Jan 2 (Due to limited Forest Service Inspection capabilities). These down dates (If applicable) will be added to any performance period.

e. Modifications to task orders may be required due to differing site conditions and/or, increased/decreased scope of work, which are beyond the control of the Contractor or the Government. Modifications/subs are issued pursuant to specific contract terms and conditions contained in the basic contract. If a modification/sub to a task order is required, the pricing contained in the contract will be used to increase or decrease quantities.

In the event work to be performed is not included in the schedule of items but is still considered within the general scope of the contract, the contractor shall submit a detailed cost proposal so a modification can be negotiated.

A-6 PROGRESS MEETINGS

a. The Contractor(s) shall be available to meet with the CO, COTR and/or Inspector at the job site during contract performance to discuss work progress. Meetings will be scheduled by the CO with timely notification to the Contractor(s).

b. At the progress meetings, the Contractor(s) shall provide oral reports of the progress on the project to the CO. If the work is behind schedule, the Contractor(s) shall be prepared to: (i) discuss the work and any causes of work delay(s); (ii) present a plan to bring the work back into conformance with the schedule; and, (iii) to propose a revised work schedule

A-7 HOURS OF OPERATION.

a. The contractor may work from day break to dusk, (Approximately 0730-1730 hours) seven days a week to include holidays.

1. New Year‘s Day, January 1

2. Martin Luther King, Jr.‘s Birthday, 3rd Monday in January

3. Presidents Day, 3rd Monday in February

4. Memorial Day, last Monday in May

5. Independence Day, July 4

6. Labor Day, 1st Monday in September

7. Columbus Day, 2nd Monday in October

8. Veterans Day, November 11

9. Thanksgiving Day, 4th Thursday in November

10. Christmas Day, December 25

Should the Contractor's work plans include working on weekends and/or Federal holidays, the Contractor will provide the government with advance notice, either at the pre-work conference or 48 hours in advance so that arrangements can be made to provide tree seedlings and arrange inspection schedules.

SOLICITATION PROVISIONS

The Solicitation Provisions are for solicitation purposes only. They will be physically removed from any resultant award, but will be deemed to be incorporated by reference in the award.

FAR Provision 52.212-1, Instructions To Offerors--Commercial Items (Jun 2008) is hereby tailored as follows: (Incorporated By Reference On Standard Form 1449)

Paragraph c is changed to read as follows: (c) Period for acceptance offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

Paragraph (d) is deleted Paragraph (e) is deleted.

Paragraph (i) is deleted.

The following paragraphs are added to FAR Clause 52.212-1.

(m) Proposal Preparation Instructions. These instructions are designed to ensure the submission of information essential to the understanding and comprehension of the RFP. The instructions permit the inclusion of any additional data or information an offeror deems pertinent. Offerors are cautioned to follow the detailed instructions carefully and fully, as the government reserves the right to make an award based on initial offers received without discussions of such offers.

1. After compiling all required information reassemble the solicitation document in accordance with appropriate instructions and return the executed documents to the issuing office listed in Block 9 of the SF 1449 on or before the date/time specified on the front of the SF 1449. Write or type on the outside of the envelope in which the offer is submitted:

ATTENTION: MARGIE YEATON

AG-4146-S-12-0001

(1) All quotations must be complete, self-sufficient, respond directly to the requirements of this solicitation.

(2) The following material will be submitted:

i. Contract Forms:

1) SF 1449 (Complete Block 12, 17 (Disregard code blocks), and 30 of SF 1449) (Including any and all amendments)

2) A completed copy of the representations and certifications at FAR 52.212-3 (page 21, bolded block)

3) Acknowledge any and all amendments on the SF 30 by completing blocks 8, 15A, 15B, and 15C of the SF.

4) CCR and ORCA: Offeror needs to be registered in CCR and ORCA and should be up to date in order to be awarded resultant contract.

ii. Price: Complete and return the schedule. Offeror must provide pricing for all items. Plus the contractor should insert DUNS and Tax ID number where indicated under the schedule of items. (pages 3-4)

iii. Past Performance: As part of the evaluation process, the Government will assess each offeror‘s past performance. The offeror shall present factual material dealing with contracts performed for other Government agencies or with private sector businesses for which the same or similar services were provided. Information requested includes successful execution of contracts. Offerors are cautioned that the Government will use information provided by the offerors and information obtained from other sources in the development of the performance assessments.

1) Content. Offerors shall provide a list of all contracts similar in size and scope completed or begun during the past three years. The list should not exceed more than 20 contracts. No proposed pricing information shall be provided with the past performance information. Offerors shall submit the list no later than the offer due date and time indicated on Standard Form 1449, Block 8, to National Forests in Alabama, Attn: Margie Yeaton, 2946 Chestnut Street, Montgomery, AL 36107 Include the following information for each contract:

(i) Description of type of tree planting. (i.e. hand and/or machine planted, type of seedlings, acres and/or seedlings planted, ) Use of only a project title does not usually provide enough detail for the Government to make an adequate evaluation

(ii) Contract Number and Total Contract Value.

(iii) Period of Performance and indicate whether or not the contracts…