AG-4283-S-13-0006.pdf

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

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 646589 55

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

AG-4283-S-13-0006

DATE

07/16/2013

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Gabriel A. Cottrell calls) 850/523-8544 LOCAL TIME 2:00 PM

INFORMATION CALL: 08/16/2013

9. ISSUED BY CODE 10. THIS ACQUISITON IS

USDA Forest Service

UNRESTRICTED OR SET ASIDE: 100 % FOR

National Forests in FL 325 John Knox Road, Suite F-100 Tallahassee, FL 32303

SMALL BUSINESS EMERGING SMALL BUSINESS

8(A) HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN- OWNED SMALL BUSINESS

NAICS: 541380 SIZE STANDARD: $14.0 MILLION

11. DELIVERY FOR FOB DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

USDA Forest Service, Apalachicola National Forest, Liberty and Leon Counties, FL

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

Same as Block 9

TELEPHONE N0.

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

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

SEE SCHEDULE OF ITEMS

DUNS No. ________________________ (Required FAR Clause 52.204-6)

Taxpayer ID No._________________________(Required)

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

25. ACCOUNTING AND APPROPRIATION DATA

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____01___________ 29. AWARD OF CONTRACT: REF.

OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449

(REV.3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

GENERAL INFORMATION

CONTRACT AWARD:

THIS SOLICITATION IS 100% SET ASIDE FOR SMALL BUSINESS CONCERNS.

AWARD WILL BE MADE TO ONE OFFEROR.

SCOPE OF WORK: Furnish all labor, equipment, supplies materials, transportation and supervision to perform groundcover enhancement services on the Apalachicola National Forest, Liberty and Leon Counties, FL in accordance with specifications and other requirements of this contract.

SITE VISIT: A formal site visit is scheduled for this project on August 1, 2013 at 0900 AM at the Wakulla Ranger District Office, 57 Taff Drive, Crawfordville, FL 32327.

BASIS OF AWARD:

Award will be made to the most highly ranked offeror, (1) whose offer is technically acceptable, has demonstrated past performance in meeting customer satisfaction, and (2) whose past performance, experience and price presents the BEST VALUE and is the most advantageous to the Government.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)

This contract is a fixed price contract for a base period of performance from October 1, 2013 through September 30, 2014, plus four additional one-year option periods.

The performance of the contract may begin once a task order is issued. The Notice to proceed will be issued at the prework conference by the Contracting Officer

Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period(s), if exercised.

Offerors shall quote on base year and all option years.

PERIOD OF PERFORMANCE

Base Period – October 1, 2013 through September 30, 2014 Option Period I - October 1, 2014 thru September 30, 2015 Option Period II - October 1, 2015 thru September 30, 2016 Option Period III – October 1, 2016 thru September 30, 2017 Option Period IV- October 1, 2017 thru September 30, 2018

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

Groundcover Enhancement Contract – Apalachicola National Forest Liberty and Leon Counties, FL

Base Period (October 1, 2013 through September 30, 2014)

Item Description Unit Estimated

Quantity Unit Price Amount

1 Collect native wiregrass seed, in accordance with attached specifications.

Pounds 1491 $ $

2 Double Disk seeding sites in accordance with attached specifications (Unit price covers both treatments)

Acres 32 $ $

2 Sow native wiregrass seed, in accordance with attached specifications.

Acres 37 $ $

Total

**NOTE: Specifications and Maps attached to this Solicitation are for the current seed project**

Option Period I (October 1, 2014 through September 30, 2015)

Item Description Unit Estimated

Quantity Unit Price Amount

1 Collect native wiregrass seed, in accordance with attached specifications.

Pounds 1000 $ $

2 Double Disk seeding sites in accordance with attached specifications (Unit price covers both treatments)

Acres 10 $ $

2 Sow native wiregrass seed, in accordance with attached specifications.

Acres 50 $ $

Option Period II (October 1, 2015 through September 30, 2016)

Item Description Unit Estimated

Quantity Unit Price Amount

1 Collect native wiregrass seed, in accordance with attached specifications.

Pounds 1000 $ $

2 Double Disk seeding sites in accordance with attached specifications (Unit price covers both treatments)

Acres 10 $ $

2 Sow native wiregrass seed, in accordance with attached specifications.

Option Period III (October 1, 2016 through September 30, 2017)

Unit Price Amount

1 Collect native wiregrass seed, in accordance with attached specifications.

Pounds 1000 $ $

2 Double Disk seeding sites in accordance with attached specifications (Unit price covers both treatments)

Acres 10 $ $

2 Sow native wiregrass seed, in accordance with attached specifications.

Option Period IV (October 1, 2017 through September 30, 2018)

Unit Price Amount

1 Collect native wiregrass seed, in accordance with attached specifications.

Pounds 1000 $ $

2 Double Disk seeding sites in accordance with attached specifications (Unit price covers both treatments)

Acres 10 $ $

2 Sow native wiregrass seed, in accordance with attached specifications.

Grand Total: $________________________

SECTION C - Description/Specifications/Statement of Work

A. SCOPE - This contract is for furnishing all labor, materials, equipment, tools, transportation, supervision, supplies, and performing all work required to collect native groundcover seed mix (Primarily Aristida stricta or wiregrass), Disk some of the sites, and plant the collected seed, in accordance with specifications and provisions of the contract. The target is to collect a maximum of 1491 lbs. of native seed mix, double disk a maximum of 32 acres of temporary cover crop in right-of-way, and plant a maximum of 37 acres using a Grasslander seeder. However, these target pounds or acres may vary based on the Government’s ability to prescribe burn seed collection areas during the months of May, June, and July of each year. The Contractor shall only be paid for work that is completed. The Government will furnish no materials, labor, or equipment unless specifically identified in the Government-Furnished Property Clause (Division C).

After viewing alternate areas with the Contractor, the Contracting Officer (CO) reserves the right to substitute, at the contract price, the same type and amount of work in other areas similar in topography and conditions within the Ranger District boundaries shown on the maps in lieu of the original areas when it is determined by the Contracting Officer that the original areas or portions thereof are unsuitable or unavailable for performance of the specified work. Equipment movement of more than 5 miles from the nearest boundary of the original area to the substitute areas will be paid for at rates mutually agreed upon between the Parties.

B. DESCRIPTION AND LOCATION - All areas are within the boundaries of the Apalachicola National

Forest, Leon County, Florida (see attached maps).

Boundaries of seed collection areas are roads or natural boundaries. Boundaries of areas to be planted are designated by surveyors’ stakes, painted trees, plowed lines, roads, and/or blue and white flagging.

The seed collection sites may include but are not limited to Burn Units 2, 3, 4, 11, 30, 31, 33, 46, 67, 71, 73, 79, 80, 92, 97, 98, 99, 100, 108, 208, 220, 221, 223, 227, 238, 245, 247, 248, 251, 252, 253, 255,308, 309, 317, 335 (see “Seed Collection Map”) and other areas as directed by the Contracting Officer’s Representative (COR). These areas may change due to the Government’s ability to prescribe burn during May, June, and July of each year.

The disking will take place within the Florida Gas pipeline right-of-way limits and on wildlife openings as designated on the contract maps.

The collected seed shall be planted as designated on contract maps. Seeding will be located in the Northeast corner of the Wakulla Ranger District, and the Northwest corner of the Apalachicola Ranger District, Apalachicola National Forest, Leon and Liberty Counties, Florida (see attached maps).

C. SEED COLLECTION INSTRUCTIONS —Native groundcover seed shall be collected utilizing an approved seed collector designed for wiregrass and in accordance with the following instructions:

1. Contractor shall collect up to 1491 pounds of native groundcover seed. Seed must be cleaned of sticks, stems, leaves and pine needles. Seed may be cleaned at an off-site location if approved by the COR. Cleaned seed will be turned in to the COR for weighing, sample analysis and storage before sowing.

2. The seed collection window is approximately November 4 through November 27 of each year depending upon seed ripeness and when the seed falls off the plants.

3. Seed collection equipment will have adjustable height mechanisms that will be set according to variations in wiregrass height. To prevent the collection of sand and soil, the collector shall not be operated at a height lower than 12 inches.

4. The Contractor shall be ready to start seed collection within 3 days after being notified of seed ripeness.

5. Seed collection will take place every day, weather permitting, until collection target is met or until the

Government determines that there is an insufficient amount of seed to continue.

6. Contractor shall provide sufficient personnel and equipment to collect a minimum of 1000 pounds of seed mix per week (This will require at least two collectors).

7. Seed collection will occur in designated areas only.

8. Seed collection will occur only when the understory vegetation is completely dry.

9. Seed collection equipment will be operated at low speeds. Three miles per hour or less.

10. Seed collection equipment will not pass over the same area more than twice.

11. Seed collection equipment will not be operated in wet areas. If collection equipment begins to rut the soil, cease operations immediately and move to drier ground.

12. Contractor shall track and submit completed form Attachment A to the Contracting Officer’s

Representative (COR) for collection times, number of pounds, collection miles, etc.

13. Contractor shall provide large paper seed storage bags.

14. Contractor shall mark in black marker on each bag:

a. Date collected

b. Equipment Operator’s name

c. Location identification number (provided by the COR or Inspector)

d. Bag number (This will be a sequential number starting over each day)

Example:

1. Date 11/15/2013

2. Operator Name Joe

3. Location C-213 S-24

4. Bag Numbers Bag 1

e. Pounds of seed will be written by COR or representatives at time of check in and considered official weight.

D. CARE, HANDLING, AND STORAGE OF COLLECTED SEED

The Contractor shall protect the native groundcover seed from moisture from the time collected until the time the seed is in the care of the Government or until the Contractor has planted the seed. Care, handling, and storage of collected seed shall include, but is not limited to:

1. Protection from Moisture – Collected seed must be stored in paper bags only. Any other storage medium such as plastic or burlap will not be permitted. While in the Contractor’s possession, the collected seed shall be protected from rain and excess moisture.

2. Native Seed Tracking – Mark each bag with a marker to indicate the date collected, location id# (this will be provided by the COR or inspector), the weight of seed, and the Contractor’s initials. This information will also be recorded on the “Wiregrass Seed Collection Fall 2013 form” (Attachment A)

3. Protection from Contamination – Native groundcover seed shall be protected from contamination by materials such as gasoline, diesel, fuel, oils, or chemicals, which may cause damage.

4. Delivery and Inspection of Seed – To receive credit for seed collected the contractor shall deliver seed to the Wakulla Work Center or another location as directed by the COR where it will be inspected and weighed. The hours of operation for the Wakulla Work Center are 8:00 AM to 4:00 PM Monday thru Friday, closed Federal Holidays. The Contractor shall be responsible for loading and transporting seed from the collection site to the storage area.

E. DOUBLE DISKING INSTRUCTIONS— The objective of this operation is to reduce competition and aid in the germination of the wiregrass seed. Contractor shall disk designated areas with sufficient passes of a disk implement to turn under cover crop to provide a good planting surface for the Grasslander seeder. Disked areas will be smooth and level with no large clumps of hardened soil. Disking must be to a minimum depth of 4 inches. The sites shall be disked a second time after at least 2 weeks have passed. Contractor shall not disk areas of the right-of-way with jute thatching or water bars or other erosion control structures If these structures are damaged, they will be repaired to Forest Service specifications at no cost to the government

In-between water bars, contractor shall disk across the slope or along with the contour of the land. This is necessary to reduce the chance of erosion and maintain integrity of water control devices.

F. NATIVE SEED PLANTING INSTRUCTIONS—Native groundcover seed shall be seeded in accordance with the following instructions

1. Seeding may not begin until after a significant rain event or 1 week after the second disking.

2. Seed planting may start after enough seed has been collected and approved by the government to seed a complete stand, following the priority listing (Figure 1) to whenever seed sources are exhausted.

3. Seed planting will not begin until suitable soil moisture conditions are met, as determined by the COR.

4. Some of the seeding sites are on a pipeline right of way. There may be re-growth of grasses and weeds in these stands. There may be erosion control and pipeline operation structures within these stands that must be avoided. If these structures are damaged, they will be repaired to Forest Service specifications at no cost to the government.

5. The contractor is responsible for checking out seed from the Wakulla Work Center and delivering it to the work site.

6. Seed shall be planted at a rate of 20 pounds per acre. Generally, the maximum output for the Grasslander Seeder, for wiregrass, is approximately 8-9 lbs./acre. However, seed output will be variable, due to the purity of the seed collected and other factors.

7. Seed will be issued on a per stand basis. All the seed issued for a given stand will be planted in that stand. This may require multiple passes of the grasslander.

8. When seeding, maintain low speeds of two to three miles per hour.

9. Check fluffy seed bins periodically for obstructions, seed levels, and broken tines (at least every 30 minutes).

10. Check spouts frequently to ensure seed is coming out of the machine.

11. Track and submit a completed record to the COR for each stand, in regards to stand number, pounds seeded, weather conditions, etc. (see Attachment B).

12. The COR may stop seeding operations up to 24 hours before an anticipated large rain event.

13. No seed collected from outside the collection areas designated by the COR may be used for seeding.

14. Seeding will only be permitted when wind speeds are less than 8 miles per hour, or as designated by the COR. Seeding will not be allowed while raining, in dense fog, or at other times when excess moisture will cause seed to stick to the grasslander or tractor.

15. If the minimum amount of seed needed cannot be obtained from collection, then the priority table (see Figure 1) shall be used to direct seeding operations or as directed by COR.

G. SEQUENCE OF OPERATIONS

Disking may start at beginning of contract, but should be targeted to be completed between 1 and 3 weeks prior to seeding. Seed collection will start within 3 days of notice of seed ripeness. Seeding will take place after the last disk.

H. EQUIPMENT AND PERSONNEL REQUIREMENTS - The Contractor shall furnish sufficient personnel and equipment to collect a minimum of 1000 pounds of native groundcover seed per week (this production rate may require more than one seed collector), double disk 4 acres per day and seed 3 acres per working day.

The Contractor will designate in writing a non-working supervisor conversant in the English language for each crew of workers. The designation shall indicate the limits of the supervisor's authority. When two or more people are designated as supervisor, their written delegation shall indicate the priority of their designation so no more than one person shall be in charge of a crew at any one time. Each working crew will contain no more than 10 workers unless authorized by the COR. The supervisor shall be with the crew at all times while the crew is working.

Equipment used in the performance of the work shall be of the proper type and size, and in such mechanical condition to accomplish required work items to the standards specified herein. All seed collection equipment shall be a size and type designed to collect wiregrass seed. This may include front mounted, pull behind, or handheld equipment.

A 30–55 horsepower tractor with a three-point hitch is required to pull the Grasslander No-Til Seeder.

All-wheel drive may be required. Equipment used in the performance of the work must be approved by the

COR.

All equipment brought in by the Contractor must be thoroughly cleaned and will be inspected to reduce the potential of introducing invasive plant species onto the National Forest.

Contractor shall be responsible for providing the proper personal protective equipment for his/herself and crew.

J. EROSION CONTROL - All equipment will be operated in a manner to cause minimum disturbance to the soil. Contractor shall not drive over, knock down or disk erosion control devices.

K. PROTECTION OF STREAMS. LAKES AND RESERVOIRS - Contractor shall take precautions to prevent pollution of streams, lakes and reservoirs by fuels, oils, other chemicals, silt or other harmful materials. Operations shall be conducted in a manner so as to avoid siltation of streams, lakes, and reservoirs; loss of embankment materials during high flow periods; and interference with movement of migratory fish. All streams will be kept free of contractor-generated debris.

L. DISPOSAL OF CONTRACTOR-GENERATED DEBRIS - All Contractor-generated debris shall be removed from National Forest land and disposed of properly.

M. PROTECTION OF ENDANGERED, THREATENED, OR SPECIES OF SPECIAL CONCERN - The

Eastern Indigo Snake and Gopher Tortoise are protected by state and/or federal law. If the Contractor encounters these species during the performance of this contract, the Contractor shall take all necessary precautions to protect these species from injury, death, or capture. COR will furnish information on identification and habits of the species.

SECTION D - Packaging and Marking

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

SECTION E - Inspection and Acceptance

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

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

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

(End of clause)

E-1 Inspection Procedures - Inspection of the work performed under this contract shall be made by the

Contracting Officer's Representative (COR) or by the designated Inspector(s), during seed collecting/seeding activities. Inspection will consist of regular visual inspections of the collected seed mix and post-collection seed handling/storage method.

It is inherent in native seed collecting that some collection areas will have less available plant material than others and that poor weather conditions will affect the ability to collect. A degree of allowance will be made should low availability of seed result in not meeting the minimum target of pounds collected. To abate this problem, collection areas with the highest density of plant material will be selected and assigned to the Contractor for collection and bad weather days have been considered for the purposes of this contract.

It is inherent in native seed planting that some seeding areas may have soil wetness limitations delaying seeding time and good seed/soil contact which may decrease the target acres. An allowance will be made should the aforementioned conditions exist.

The Contractor will inform the COR or Inspector when they are ready to check in seed, or once an area has been disked or seeded so an inspection can be made. Should remedial work be required it shall be done before moving to another area.

E-2 Satisfactory Seed Collection – Collected Seed will be considered satisfactory when it is delivered to the

Wakulla Work Center in paper bags properly labeled, cleaned of debris, dry, and has forms documenting its collection. Required documentation that has been completed and given to the COR or Inspector will be considered satisfactory.

E-3 Unsatisfactory Seed Collection – Bags will be inspected for excess woody debris, sand, soil, or rocks, pine needles, or leaves. If the weight of the bag is significantly affected by the debris, the bags will be considered unacceptable. If the bags contain wet seed or the seed has been exposed to excess moisture, the bags will be considered unacceptable. Required documentation that is not complete or has not been delivered will be considered unsatisfactory.

E-4 Satisfactory Double Disking – Areas will be smooth and level with no missed areas. All of the temporary cover crop will have been turned over. Soil has been loosened to a depth of at least 4 inches. There will be no hardened clumps of soil larger than 6” diameter. Both treatments have been completed. Waterbars have been left undisturbed.

E-3 Unsatisfactory Double Disking- The soil is rough with large clumps of hardened soil. There are areas of the temporary groundcover that are undisturbed and actively growing. Soil has not been tilled to a minimum depth of 4 inches. The sites have not been treated twice. Waterbars have been damaged.

E-6 Satisfactory Seed Planting –All seed (in pounds) has been planted evenly across the site using the

Grasslander No-Till Seeder. Waterbars have been left undisturbed. Required documentation that has been completed and given to the COR or Inspector will be considered satisfactory.

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

E-7 Unsatisfactory Seed Planting – Seed is distributed unevenly across the site. Seed has been planted too deep or seed has not been pressed firmly into the soil. Waterbars have been damaged. Planting wet seed is unsatisfactory. Required documentation that is not complete or has not been delivered will also be considered unsatisfactory.

E-8 Method of Measurement – Pounds of native seed collected shall be based on a standard U.S. pound. Seed will be weighed using a calibrated digital scale.

Acres of disking and acres of native seed planted will be based upon a standard acre (43,560 square feet).

Acreage listed for seeding areas was determined by using Geographic Information Systems (GIS) technology. For the purposes of this contract, this is considered accurate and not an estimate.

E-9 Basis of Payment - Payment for seed collection will be made at the unit bid price for a total number of satisfactorily inspected pounds of native seed but not to exceed 1491pounds. All seed is the property of the US government. Any seed collected in excess of 1491 pounds shall be turned in to the COR without compensation to the contractor.

Payment for disking and seeding will be made at the unit bid price for the acres satisfactorily disked or seeded.

Less the following:

1. Value of the Garmin GPS Unit (Not returned/damaged) based upon a rate of $350.

2. Value of the Grasslander (unreturned or damaged).

3. Value of the Prairie Habitat pull behind Seed Collector based upon a rate of $10,000

Contractor shall receive NO payment for unacceptable seed, disking or seeding.

Figure 1. Priority Table

Comp / Stand or Right-of-Way

Segment Disk

Acres Seed Acres

Pounds of Bulk Seed

Needed (approx.)

Description or Remarks

Right Of Way Segment 1 2.6 5.5 110

Utility Right of way

Right of Way Segment 2 2.4 4.5 90

Utility Right of way

Compartment 113 Stand 3 9 9 180

Wildlife Opening

Compartment 113 Stand 8 5 5 100

Compartment 113 Stand 11 5 5 100

Compartment 113 Stand 12 8 8 160

Total 32 37

Bulk seed requirement based on a rate of 20 pounds/acre.

SECTION F - Deliveries or Performance

52.242-15 Stop-Work Order. (AUG 1989)

52.242-17 Government Delay of Work. (APR 1984)

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

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

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from October 1, 2013 through September 30, 2018.

(End of Clause) http://www.arnet.gov/far/

SECTION G - Contract Administration Data

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled after the date of contract award.

The conference will be held at: TBA.

GOVERNMENT-FURNISHED PROPERTY – The Government shall deliver to the Contractor, upon request, the following listed material, supplies, and property at the place and time specified below.

The Government will furnish upon request:

1. Seed purity and germination tests as needed to determine Pure Live Seed (PLS)

2. GPS Unit –will be furnished, if necessary, to assist with tracking collection rate data

3. Grasslander No-Til Seeder –a seed planter manufactured by Grasslander designed to plant fluffy seed types.

4. Prairie Habitat pull behind Seed Collector

Government-Furnished property will be located at the U.S. Forest Service Work Center, FL Highway 267, 13 miles Southwest of Tallahassee. Contractor will be responsible for delivery of this property to and from the job sites.

The Contractor can pick up Government-furnished property from 8:00 a.m. to 4:00 pm, Monday-Friday (except Federal holidays).

CARE, HANDLING, AND STORAGE OF PROVIDED EQUIPMENT

1. Grasslander No-Til Seeder Maintenance – The Contractor will be responsible for basic routine maintenance of the Grasslander No-Til Seeder while it is in the Contractor’s possession including:

greasing and repairing bent tines.

2. Seed Collector Maintenance – The Contractor shall be responsible for basic routine maintenance of the seed collector while it is in their possession including: greasing, cleaning air filter, oil change (one time, before return), fueling as needed, replacement of lost pins/bolts, and belt replacement as needed.

Refer to the operator’s manual for operation and maintenance needs.

3. Negligence – Any damages to the GPS unit, Prairie Habitat Seed Collector or Grasslander No-Til Seeder as the result of negligence will be the responsibility of the Contractor to repair or replace. The value of the GPS Unit is $350. The value of the Seed Collector is $10,000. The value of the Grasslander is $11,500.

4. Equipment Storage – Equipment will be stored at the Wakulla Work Center when not in use.

Equipment shall only be used for work on this contract.

SECTION H - Special Contract Requirements

452.204-70 Inquiries. (FEB 1988)

AGAR 452.209 – 70 Representations by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction.

As prescribed in 409.471, insert the following provision:

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY

OR A FELONY CONVICTION (DEVIATION 2012-01) (FEB 2012)

(a) Awards made under this solicitation are subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No.

112-55), Division A, Sections 738 and 739 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) The Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal or State law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have 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.

(End of provision)

Alternate 1 (Feb 2012). The Contracting Officer shall use this alternate for all Forest Service solicitations above the micro-purchase threshold:

(a.) Awards made under this solicitation are 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. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have 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.

(End of provision)

AGAR 409.471 Solicitation Provision and Contract Clause.

(b) Contract Clause. The contracting officer shall insert the basic clause at 452.209–71, Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate Applicants, in all contract awards above the micro-purchase entered into with any entity that is a corporation, except for contracts of the Forest Service. For all Forest Service contracts above the micro-purchase threshold entered into with any entity that is a corporation, the contracting officer shall use Alternate 1 of the clause.

AGAR 452.209 – 71

As prescribed in 409.471, insert the following clause:

ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR

CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, Sections 738 and 739 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 or State 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, [ USDA Forest Service ] may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739.

Alternate 1 (Feb 2012). The Contracting Officer shall use this alternate for all Forest Service contracts above the micro-purchase threshold entered into with any entity that is a corporation:

ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR

CORPORATE APPLICANTS

(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.

452.237-75 Restrictions Against Disclosure. (FEB 1988)

SECTION I - Contract Clauses

52.202-1 Definitions. (JAN 2012)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (OCT 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

52.204-7 Central Contractor Registration. (DEC 2012)

52.204-9 Personal Identity Verification of Contractor Personnel. (Jan 2011)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010)

52.215-2 Audit and Records - Negotiation. (OCT 2010)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

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 October 1, 2013 through September 30, 2018.

(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 $3,000, 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 $5000, 000;

(2) Any order for a combination of items in excess of $500,000; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

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 September 30, 2018

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 [ ](months)(years).

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.219-8 Utilization of Small Business Concerns. (JAN 2011)

52.219-9 Small Business Subcontracting Plan. (JAN 2011)

52.219-14 Limitations on Subcontracting. (NOV 2011)

52.219-16 Liquidated Damages - Subcontracting Plan. (JAN 1999)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (JUL 2005)

52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

52.222-26 Equal Opportunity. (MAR 2007)

52.222-35 Equal Opportunity for Veterans. (SEP 2010)

52.222-36 Affirmative Action for Workers With Disabilities. (OCT 2010)

52.222-37 Employment Reports on Veterans. (SEP 2010)

52.222-41 Service Contract Act of 1965. (NOV 2007)

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

[GS-0460-09 ] [$29.00 ]

(End of clause)

52.222-44 Fair Labor Standards Act and Service Contract Act - Price Adjustment. (SEP 2009)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (JUL 2012)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless--

(1) The product cannot be acquired--

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall-

(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30;

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance; and

(3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract.

(d) The environmental point of contact for this contract is: [Contracting Officer shall insert full name, phone number, and email address. In addition, the Contracting Officer may include the agency Web site for reporting.]

52.232-1 Payments. (APR 1984)

52.232-8 Discounts for Prompt Payment. (FEB 2002)

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

52.232-11 Extras. (APR 1984)

52.232-17 Interest. (OCT 2010)

52.232-18 Availability of Funds. (APR 1984)

52.232-23 Assignment of Claims. (JAN 1986)

52.232-25 Prompt payment. (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003)

52.233-1 Disputes. (JUL 2002)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

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

52.242-13 Bankruptcy. (JUL 1995)

52.243-1 Changes - Fixed-Price. (AUG 1987)

52.244-6 Subcontracts for Commercial Items. (DEC 2010)

(a) Definitions. As used in this clause--

"Commercial item" has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

"Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

793).

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

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

(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

52.245-1 Government Property. (APR 2012)

(a) Definitions. As used in this clause—

“Cannibalize” means to remove parts from Government property for use or for installation on other Government property.

“Contractor-acquired property” means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.

“Contractor inventory” means—

(1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract;

(2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in…