SOLICITATION AG-447U-S-10-0052CG.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NO.

PAGE

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-447U-S-10-0052CG

6. SOLICITATION ISSUE DATE

Sep 15 2010

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

CURT GRUVER

b. TELEPHONE NO. (No collect calls)

863-467-2181

8. OFFER DUE DATE/LOCAL TIME

a) Sep 15, 2009/4:00PM

8. OFFER DUE DATE/LOCAL TIME

Oct 15 2010, 4:00PM b)

9. ISSUED BY

CODE

USDA Forest Service

Region 8, Acquisition Zone West 100 W. Capitol Street, Suite 1141

Jackson, MS 39269

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UNRESTRICTED OR ( SET ASIDE: 100 % FOR

( SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

NAICS:

115310 FORMCHECKBOX

HUBZONE SMALL FORMCHECKBOX

SOLE SOURCE

BUSINESS

SIZE STANDARD:

$7 Million FORMCHECKBOX

SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

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

13b. RATING

14. METHOD OF SOLICITATION

RFQ FORMCHECKBOX

IFB

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RFP

USDA Forest Service

Caddo & LBJ National Grasslands (See Page 3 for physical locations) USDA Forest Service, R8 Acquisition Zone West 100 W. Capitol Street, Suite 1141

Jackson, MS 39269

17a. CONTRACTOR/

OFFEROR

FACILITY

TELEPHONE NO.

National Finance Center P.O. Box 60075

New Orleans, LA 70160

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

FORMCHECKBOX

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Performance Based Service Contract for Performing Vegetation Management Services on the Caddo and LBJ National Grasslands in Texas (See attached Schedule of Items and Performance Work Statement)

NOTE: Offers must be submitted in Original plus one copy to USDA Forest Service, R8 Acquisition Zone West, 100 W. Capitol Street, Suite 1141, Jackson, MS 39269, to arrive no later than the date and time specified in block 8 above.

(a)

(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 FORMCHECKBOX

ARE NOT ATTACHED.

FORMCHECKBOX

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

ARE FORMCHECKBOX

ARE NOT ATTACHED.

28. FORMCHECKBOX

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ___ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. FORMCHECKBOX

AWARD OF CONTRACT: REFERENCE _______________ OFFER DATED _________________. YOUR OFFER ON SOLICITATION (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. 3/2006)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Please insert prices on the Schedule of Items on pages 5 through 7.

32A. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED

FORMCHECKBOX

INSPECTED FORMCHECKBOX

ACCEPTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________________

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

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COMPLETE

FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

37. CHECK NUMBER

FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO.

40. PAID BY

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (Rev. 3/2006) BACK

GENERAL INFORMATION

NOTE TO OFFERORS: THIS IS A PERFORMANCE-BASED SERVICE CONTRACT. OFFERS THAT DO NOT INCLUDE A TECHNICAL PROPOSAL WILL NOT BE CONSIDERED FOR AWARD.

* OFFERORS MUST COMPLETE AND RETURN THE FOLLOWING IN ORIGINAL PLUS ONE COPY:

CONTRACTOR’S BUSINESS PROPOSAL consisting of the following:

STANDARD FORM 1449 (COMPLETE BLOCKS 17, 23, 24, and 30)

SCHEDULE OF ITEMS WITH PRICES (Pages 5 – 8)

REPRESENTATIONS AND CERTIFICATIONS (Pages 26 – 35)

CONTRACTOR’S FINANCIAL INFORMATION (Page 14) CONTRACTOR’S TECHNICAL PROPOSAL—(MUST be submitted with offer)

Offers must be submitted to USDA Forest Service, R8 Acquisition Zone West, 100 W. Capitol Street, Suite 1141, Jackson, MS 39269, ATTN: Gemaa M. Pelch, Contract Specialist, to arrive no later than 4:00 PM Central time, Oct 15, 2010.

Physical location of work for the Caddo National Grasslands is 942 FM 409, Honey Grove (Fannin County), TX 75446. Physical location of work for the LBJ National Grasslands is 1400 North US 287, Decatur (Wise and Montague Counties), TX 76234.

SCOPE:

This is a performance based, indefinite delivery, requirements contract. The Government anticipates award of multiple contracts for this solicitation, but no two contracts covering the same line item. Work will be ordered by issuance of task orders, using the prices provided as a result of this solicitation.

The Contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government furnished), permits, licenses and incidentals necessary to perform the required services on the Caddo and/or LBJ National Grasslands in Texas.

Quantities will be listed on each task order that have been determined by the U. S. Forest Service. For purposes of this contract, quantities listed on each task order are considered actual, and not an estimate. This statement of work consists of completing the tasks/subtasks in Section V to the performance requirements identified following each task/subtask.

CONTENTS:

SF-1449, Solicitation/Contract/Order for Commercial items* 2 Pages

General Information

Schedule of Items*

4 Pages

Evaluation, Preparation of Contractor’s Proposal *

5 Pages

Contractor’s Financial Information Form

1 Page

Terms and Conditions

10 Pages

Representations and Certifications*

9 Pages

Wage Determination 1977-1427 (Rev -33)

3 Pages Quality Assurance Surveillance Plans (QASP):

3 Pages

Section I, General

Sections II, III & IV, Govt-Furnished Property, and Contractor Furnished Critical Property/Items

Section V, PWS Critical Tasks/Subtasks

Section VI, Government Publications, Standards, Exhibits

1 Page

Section VIII – Performance Requirements Summary

Treatment Standards

14 Pages PRE--PROPOSAL MEETING: No pre-proposal meeting is scheduled for this solicitation.

Option Year Pricing: This solicitation contains priced option years, which will be used in evaluation of offers. Exercise of Option Periods will be at the unilateral discretion of the Government.

CONTRACT TIME: The amount of time allowed to commence and complete the work shall be stated in each task order.

CONTRACT PERIODS:

Year 1 (BASE YEAR PERIOD) - from date of award through September 30, 2011 Year 2 (FIRST OPTION YEAR PERIOD) - from October 1, 2011 through September 30, 2012 Year 3 (SECOND OPTION YEAR PERIOD) – from October 1, 2012 through September 30, 2013 Year 4 (THIRD OPTION YEAR PERIOD) – from October 1, 2013 through September 30, 2014 Year 5 (FOURTH OPTION YEAR PERIOD) – from October 1, 2014 through September 30, 2015

SCHEDULE OF ITEMS

NATIONAL GRASSLANDS IN TEXAS

TASK

TASK/SUBTASK

ESTIMATED UNIT

UNIT UNIT UNIT UNIT UNIT

5 DESCRIPTION QUANTITY PRICE PRICE PRICE PRICE PRICE

Year 1 Year 2 Year 3 Year 4 Year 5

2011 2012 2013 2014 2015

Caddo National Grassland

5.2 Mechanical Firelines/Fencelines/Wildlife Strips (Grassland standards)

5.2a. Fireline Construction hr

5.2b. Fireline Reconstruction hr

5.2c Fenceline Construction adjacent to county roads hr

5.5 Herbicide Application

5.5e Early Growth Season Herbicide Application for Lezpedeza

Control by Foliar Spray ac 5.5f Late Growth Season Herbicide Application for Lezpedeza

5.5g Herbicide Application for Fence ROW

Maintenance

5.5h Herbicide Application for Dam tree & brush control

6.1 Mechanical Invasive Tree Treatment

6.1a Shearing

6.1b Shredding

6.1c Chainsaw cutting

6.1d.Moving treated trees ac

6.3 Mechanical Clearing of Vegetation

6.3a Erosion Control Survey ac

6.3b Dam and Pond brush clearing ac

6.3c Fenceline brush clearing ac

6.3d Brush mowing

6.4 Mechanical Maintenance of Horse Trails

6.4a Clearing brush, cleaning ditch crossings and reconstructing waterbars mi

6.5 Mechanical Dam and Terrace Maintenance

6.5a Reconstruction to repair washouts hr

6.6 Hand clearing of Fencelines and Firelines

6.6a Chainsaw cutting of trees, brush

& vines

5 ac

6.7 Hand Clearing of Vegetation

6.7a Hand Clearing of Vegetation

From Dams

6.8 Mechanical Mowing/Disking of Firelines

6.8a Bushhogging Maintenance of

Firelines

6.8b Disking Maintenance of

6.9 Mowing/Weedeating of Recreation Areas

6.9a Mowing/Weedeating of

Vegetation

7.0 Construction of Barbed Wire Fence

7.0a Barbed Wire Fence Construction

15,000 ft

TASK

TASK/SUBTASK

ESTIMATED UNIT

UNIT UNIT UNIT UNIT UNIT

5 DESCRIPTION QUANTITY PRICE PRICE PRICE PRICE PRICE

Year 1 Year 2 Year 3 Year 4 Year 5

2011 2012 2013 2014 2015 LBJ National Grasslands

5.2 Mechanical Firelines/Fencelines/Wildlife Strips (Grassland standards)

5.2a. Fireline Construction hr

5.2b. Fireline Reconstruction hr

5.5 Herbicide Application

5.5e Early Growth Season Herbicide Application for Lezpedeza

5.5f Late Growth Season Herbicide Application for Lezpedeza

5.5g Herbicide Application for Fence ROW

Maintenance

6.1 Mechanical Invasive Tree Treatment

6.1a Shearing

6.1b Shredding

6.1c Chainsaw cutting

6.1d.Moving treated trees ac

6.3 Mechanical Clearing of Vegetation

6.3a Erosion Control Survey ac

6.3b Dam and Pond brush clearing ac

6.3c Fenceline brush clearing ac

6.3d Brush mowing

6.4 Mechanical Maintenance of Horse Trails

6.4a Clearing brush, cleaning ditch crossings and reconstructing waterbars mi

6.5 Mechanical Dam and Terrace Maintenance

6.5a Reconstruction to repair washouts hr

6.6 Hand Clearing of Fencelines and Firelines

6.6a Chainsaw cutting of trees, brush

& vines

6.7 Hand Clearing of Vegetation

6.7a Hand Clearing of Vegetation

From Dams

6.8 Mechanical Mowing/Disking of Firelines

6.8a Bushhogging Maintenance of

6.8b Disking Maintenance of

6.9 Mowing/Weedeating of Recreation Areas

6.9a Mowing/Weedeating of

Vegetation

7.0 Construction of Barbed Wire Fence

7.0a Barbed Wire Fence Construction

15,000 ft

NOTE: AWARD MAY BE MADE TO MORE THAN ONE OFFEROR. CONTRACTORS MAY BID ON ONE LINE ITEM, ALL LINE ITEMS, OR ANY COMBINATION OF LINE ITEMS

QUANTITIES LISTED ABOVE ARE ESTIMATES TO BE USED IN EVALUATION OF OFFERS. ACTUAL ANNUAL QUANTITIES MAY VARY CONSIDERABLY FROM THE ABOVE.

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

EVALUATION FACTORS FOR AWARD

(a) The Government will award contracts resulting from this solicitation to the responsible offerors whose offers will be most advantageous to the Government, price and other factors considered. Cost to the Government is not expected to be the controlling factor in the selection of Contractors for this solicitation. The degree of importance of cost as a factor could become greater depending upon the quality of the technical proposals for other factors evaluated. The following factors will be used in the technical evaluation of offers listed in descending order of importance:

Past Performance

Experience of Key Personnel Quality Control Plan

Work Plan and Schedule

Safety Plan

Resource Protection

Technical Approach

Price - Price will be evaluated separately, and not rated or ranked.

Technical and past performance, when combined, are approximately equal to price.

(b) Options. The Government will evaluate offers for award purposes by reviewing unit prices for the base year and all option years. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

EVALUATION PROCEDURES AND BASIS FOR AWARD

The Contracting Officer will review all proposals to determine initial acceptability of the offeror’s proposals. This review will ensure that the proposals are complete, were prepared in accordance with the instructions, and meet all requirements set forth. If proposals are initially acceptable, a team will further evaluate the technical proposals using the evaluation factors listed. All proposals found initially acceptable will be ranked with only the most highly ranked proposals suitable for award or further consideration. The Government reserves the right to reject any or all offers if such action is determined to be in the best interest of the Government. Any proposal found initially unacceptable may be rejected and the offeror notified of that rejection.

If proposals continue to be acceptable, and the Contracting Officer determines that award without discussions is suitable, then award will be made to those offeror(s) that provide the best value to the Government based on technical, price and consideration of other non-price factors. Therefore, proposals should be submitted initially on the most favorable terms from a price, technical, and other standpoint that the offeror can submit to the Government.

However, if proposals continue to be acceptable and the Contracting Officer determines that award can only be achieved with discussions, then the Contracting Officer will make a competitive range determination. Those offerors whose proposals are not within the competitive range will be notified that their proposals were not ranked sufficiently high enough to be considered for award and no further modification will be considered. Negotiations will be held with those offerors remaining in the competitive range. After negotiations are completed, the offerors will be provided with an opportunity to submit a final proposal revision. The Final Proposal Revisions will be evaluated against the same evaluation factors as the initial proposals.

Evaluation factors other than price, when combined, are approximately equal to price in the award decision. The critical factor in making any cost/technical trade-off is not the spread between the technical scores but, rather, the significance of that difference. The significance of the spread of scores will be determined on the basis of what the difference might mean in terms of performance and what it would cost the Government to take advantage of it. Award may not necessarily be made for technical capabilities that would appear to exceed those needed for the successful performance of the work. The Government reserves the right to make cost/technical trade-offs that are in the best interest and advantageous to the Government.

AWARD:

Award will be made to the most highly ranked offerors whose total proposals are technically acceptable, have demonstrated past performance in meeting customer satisfaction, and whose past performance and technical/cost relationship is the most advantageous and presents the BEST VALUE to the Government. See Instructions for the Preparation of Technical Proposals and Evaluation Factors for Award below.

INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL PROPOSAL

EACH OFFEROR MUST COMPLETE A PROPOSAL ADDRESSING EACH OF THE FOLLOWING ITEMS AND THE ITEMS IN THE “PROPOSALS” AND “EVALUATIONS” PARAGRAPHS. YOU MAY USE THIS FORMAT OR ANOTHER FORMAT.

GENERAL INSTRUCTIONS - The proposal must include two parts: a technical proposal and business proposal. Each of the parts shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to prices; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) must be contained in the technical proposal so that the Contractor's understanding of the statement of work may be evaluated. The Business proposal should include the signed SF-1449, priced schedule of items, Contractor’s Financial Information Sheet and proof of insurance.

TECHNICAL PROPOSAL INSTRUCTIONS. The technical proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Government. Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed description of the techniques, procedures, and program for achieving the objectives of the specifications and statement of work. Proposals that merely paraphrase the requirements of the Governments specification/statement of work, or use phrases such as “will comply” or “standard techniques will be used” will be considered unacceptable and may not be considered further. Technical Proposal Content – the following specific information should be considered and included in the technical proposal.

PAST PERFORMANCE:

Past Performance is a measure of the degree to which the Offeror has satisfied the customers in the past, and complied with Federal, state, and local laws and regulations. The assessment of Past Performance will be subjective, and based mainly on the Offeror’s reputation with customers and others.

The Offeror shall provide specific information of recent relevant contracts, which support past and present performance in the past three years, including contract number, type of work, dollar value, COR name and phone number.

For each relevant contract, the Offeror is requested to provide from a customer (at least three):

1. Company name and contact name.

2. Period of Performance

3. Dollar Value of contract

4. Contract number and type

5. A description of the project.

6. Relevancy to the current project.

7. Schedule compliance.

8. Was this contractor capable, efficient, and effective?

9. Did this contractor’s performance conform to the terms and conditions of your contract?

10. Was this contractor reasonable and cooperative during performance?

11. Was this contractor committed to customer satisfaction?

For those contracts with less than positive performance, provide a description of the problems and the efforts made to correct and prevent future occurrences. When assessing past performance other sources of information may be contacted including but not limited to the following: Federal, state, and local government agencies, better business bureaus, published media, and electronic databases.

NOTE: In the case where an offeror lacks Past Performance experience, the offeror will not be evaluated either favorably or unfavorably in this area, but will receive a neutral rating in the area of past performance. (FAR 15.305).

EXPERIENCE OF KEY PERSONNEL:

Key Personnel

Contractor Representative

What are his/her duties, availability, and authority to bind the Contractor?

How can he/she be notified in short time frame to provide notice of non-compliance or other work problems?

Foreman

What duties will he/she be expected to perform?

How can he/she be notified in short time frame to inform him of work orders or similar information?

Inspector

What is his/her availability, what duties will he/she perform?

Experience

Experience is the opportunity to learn by doing. Experience is relevant when the Offeror has been confronted with the kinds of challenges that will be present under the contract contemplated by this solicitation. The offer will be assessed by relevant experience on the basis of its breadth and its depth. Each Offeror shall provide a written summary of recent (past 3 years) experience in similar efforts outlined in the specifications and drawings.

Foreman

Describe the training and experience of the foreman.

Inspector

Describe the training and experience of the inspector.

Crew

Describe the experience of the crew .

QUALITY CONTROL PLAN

Explain how you plan to provide quality control for each task; i.e., will the foreman be following the crews? What methods will be used to correct problems?

Provide a complete description of your inspection procedure that reflects all aspects of the required work. Include the following items in your plan.

What is the Contractor’s Guaranteed Quality; how will it be calculated?

When will inspection occur relative to the mowing time frame?

When will you provide the inspection results to the COR which allows for the Government to conduct timely quality assurance checks?

Describe how you will monitor for quality while work is in progress.

WORK PLAN AND SCHEDULE:

Describe fully how you will conduct the mowing/mulching in a manner that creates the desired stand condition.

What equipment will you use to conduct the work?

How will you prevent damage to the leave trees?

Provide your general Work Plan including crew size, work schedule, and production rate that will allow you to complete the work to meet performance time for work you are proposing to do.

Describe your alternatives to mitigate for unforeseen reductions in crew size or production e.g., what alternate crews or crewmembers are available if needed and how soon can they be in place. What are your recruitment methods for additional crewmembers if they are needed?

SAFETY PLAN

Provide your general Safety Plan that provides for crew safety, treatment in a medical emergency, and emergency communications.

RESOURCE PROTECTION.

What measures will you take to assure protection of the soil and water?

How will you protect wildlife habitats specifically mentioned or actually encountered during the operation?

TECHNICAL APPROACH

Fireline/fenceline/wildlife strip Construction and Reconstruction and Waterbars

What equipment do you plan to use for blading and constructing waterbars?

How will you prevent damage to leave trees?

What measures will you take to insure the proper removal of slash from the fireline/fenceline/wildlife strip?

Herbicide Application

How will you prevent damage to non target vegetation, and assure target vegetation is properly treated?

What measures will you take to protect or minimize effects on special treatment areas (i.e. riparian zones) herbicide treatment?

What measures will you take to insure the proper and safe use of herbicides to your employees and the environment?

Mechanical Invasive Tree Treatment

What type of machinery will you use to perform the work?

How will you prevent damage to leave trees, and assure trees are properly severed to proper ground height?

What measures will you take to protect or minimize effects on special treatment areas (i.e. riparian zones) during treatments?

Mechanical Clearing of Vegetation

What type of machinery will you use to perform the work?

Mechanical Maintenance of Horse Trails

What type of machinery will you use to perform the work?

How will you prevent damage to leave trees?

Mechanical Dam and Terrace Maintenance

What type of machinery will you use to perform the work?

How will you protect any pipes within dams and terraces during repair work?

Hand Clearing of Fencelines and Firelines

What equipment will you use to conduct the work?

How will you prevent damage to the leave trees?

How will you control direction of fell?

What safety measures will you use in felling operations?

Hand Clearing of Vegetation

What equipment will you use to conduct the work?

How will you prevent damage to the leave trees?

What safety measures will you use in felling operations?

Mechanical Mowing/Disking of Firelines

What type of machinery will you use to perform the work?

How will you prevent damage to leave trees, and assure trees are properly severed to proper ground height?

What measures will you take to protect or minimize effects on special treatment areas (i.e. riparian zones) during treatments?

Mowing/Weedeating of Recreation Areas

What type of machinery will you use to perform the work?

How will you prevent damage to trees in the recreation area?

Fence Construction

What type of machinery will you use to perform the work?

How will you prevent damage to leave trees?

CONTRACTOR’S FINANCIAL INFORMATION

SECTION 1 – GENERAL INFORMATION

1A.NAME

2. TYPE OF ORGANIZATION (CHECK ONE)

A. Sole Proprietorship

F. LLC

1B. STREET ADDRESS

B. General Partnership

G. Joint Venture

C. Limited Partnership

H. Non-Profit/Education

1C. CITY

D. Corporation

i. Other: Specify

E. Subchapter S.

3. TAXPAYER ID NUMBER :

6. DUNS NUMBER

7. VENDOR EXPRESS NUMBER: (FS VENDORS)

8. KIND OF PRODUCT OR SERVICE PROVIDED:

10. KIND OF BUSINESS- Specify one block (plus “J” if applicable)

A. LARGE BUSINESS

E. WOMAN OWNED SDB

I. INDIAN SDB

B. SMALL BUSINESS

F. VETERN SMALL BUSINESS

J. HUB ZONE - Also

C. SMALL DISADVANTAGED BUSINESS

G. VETERAN SDB

K. Other: Please Specify

D. WOMAN OWNED SMALL BUSINESS

H. INDIAN SMALL BUSINESS

11. OWNERSHIP INFORMATION – PARTNERS – PRINCIPALS - OTHERS

13.

14.

15.

A. Have you/your affiliates ever filed for bankruptcy?

B. Do you have any judgments, liens, pending suits?

C. Do you have any contingent liabilities?

D. Have you/your affiliates discontinued business operations with outstanding debts

SECTION II. GOVERNMENT FINANCIAL AID AND INDEBTNESS

If “Yes” provide detailed information in Section VII, remarks.

17. Are you delinquent on any Federal Debt (OMB Circular 129)

18. Do you owe the Government for any contract or other claims?

19. Are you currently receiving Government Financing? (Bonds, Loans, Advanced Payments, Progress Payments, Other)

19a. Are you now in or pending Default on ANY Obligations (i.e. Banks, Financial Institutions, Suppliers, Other)? IF yes please provide detailed information in Section VII remarks.

II. TERMS AND CONDITIONS

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Jul 2010)

(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)).

___Alternate I (Aug 2007) of 52.222-50 (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).

X (2) 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)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (8) [Reserved]

X (9)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

__ (10)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

__ (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (12)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2010) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jul 2010) of 52.219-9.

X (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (14) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (15)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

__ (16) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

X (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (21) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

X (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (24) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X (25) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

X (26) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (27) 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.)

__ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (31) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (32)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (33) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (40) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (41) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(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.).

__ (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.).

__ (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.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(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)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

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

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

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

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

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.204-7 Central Contractor Registration. (Apr 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

52.216-18 ORDERING (OCT 95)

(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 September 30, 2011 for the base period, and through the end date for any exercised option periods.

(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.

PERFORMANCE OF SIMILAR WORK BY GOVERNMENT

Nothing in this contract restricts the Government from performing any of the work with its own organization and workforce.

52.216-19 ORDER LIMITATIONS (OCT 95)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, 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 $500,000.00 or;

(2) Any order for a combination of items in excess of $1,000,000.00 or;

(3) A series of orders from the same ordering office within 60 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ten (10) 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.

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) 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…