AG-447U-S-10-0061GP_RCWInserts.pdf

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

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 455699 1 of 33

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

AG-447U-S-10-0061GP 10/12/2010

a. NAME b. TELEPHONE NUMBER(No collect calls) 8. OFFER DUE DATE/ LOCAL TIME

7. FOR SOLICITATION

INFORMATION CALL: Gemaa Pelch

(601)965-1671 gpelch02@fs.fed.us

11/12/2010, 3:00 PM

9. ISSUED BY CODE 447U 10. THIS ACQUISITION IS

USDA Forest Service Region 8, Acquisition Zone West 100 W. Capitol Street, Suite 1141 Jackson, MS 39269

UNRESTRICTED OR SET ASIDE: 100 % FOR

SMALL BUSINESS EMERGING SMALL

BUSINESS

HUBZONE SMALL

NAICS: 541990 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $7.0 m OWNED SMALL BUSINESS

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 16. ADMINISTERED BY CODE 447U

USDA Forest Service Region 8, Acquisition Zone West 100 W. Capitol Street, Suite 1141 Jackson, MS 39269

17a. CONTRACTOR/ TAX ID: DUNS: 18a. PAYMENT WILL BE MADE BY CODE CSC-FS

OFFEROR

USDA-FS

P.O. Box 66527 St. Louis, MO 63166 fs.66527@stl.usda.gov

TELEPHONE, FAX, & EMAIL:

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

OFFER BELOW IS CHECKED SEE ADDENDUM

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

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

RCW Insert Maintenance

Angelina/Sabine, Sam Houston and Davy Crockett National Forests

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

(See Attached Schedule)

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 ONE COPIES TO: USDA-FS, ATTN: GEMAA PELCH, 100 W CAPITOL ST, STE 1141, JACKSON, MS 39269. 29. AWARD OF CONTRACT: REF. OFFER

CONTRACTOR AGREES TO FURNISH AND DATED .. YOUR OFFER ON SOLICITATION

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

National Forests and Grasslands in Texas AG-447U-S-10-0061GP Angelina/Sabine, Sam Houston and Davy Crockett National Forests RCW Insert Maintenance

SCHEDULE OF ITEMS

RCW Insert Maintenance

National Forests and Grasslands in Texas

Angelina/Sabine National Forests

Item # Description

Est.

Yearly Quantity

Unit Unit Price

Base Period

Unit Price

Option Period 1

Unit Price

Option Period 2

Unit Price

Option Period 3

Unit Price

Option Period 4

1 Insert Installation 75 cavity tree

2 Insert Replacement 20 cavity tree

3 Insert Refurbishment 100 cavity tree

4 Pulling Squirrels 50 cluster

Yearly Totals

Combined Total

Sam Houston National Forest

Est.

Yearly Quantity

Unit Unit Price

Base Period

Unit Price

Option Period 1

Unit Price

Option Period 2

Unit Price

Option Period 3

Unit Price

Option Period 4

1 Insert Installation 75 cavity tree

2 Insert Replacement 20 cavity tree

3 Insert Refurbishment 100 cavity tree

4 Pulling Squirrels 50 cluster

Davy Crockett National Forest

Est.

Yearly Quantity

Unit Unit Price

Base Period

Unit Price

Option Period 1

Unit Price

Option Period 2

Unit Price

Option Period 3

Unit Price

Option Period 4

1 Insert Installation 75 cavity tree

2 Insert Replacement 20 cavity tree

3 Insert Refurbishment 100 cavity tree

4 Pulling Squirrels 50 cluster

Estimated quantities are not a representation to an offeror or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Estimated quantities were obtained from records of previous requirements and consumption, or by other means, and is based on the most current information available.

GENERAL INFORMATION

OFFERORS MUST BE REGISTERED IN THE CENTRAL CONTRACTOR REGISTRATION (CCR) AND ONLINE

REPRESENTATIONS AND CERTIFICATIONS (ORCA) DATABASE TO BE CONSIDERED FOR AWARD.

OFFERS THAT DO NOT INCLUDE A TECHNICAL PROPOSAL WILL NOT BE CONSIDERED FOR AWARD.

SCOPE

The contractor shall provide all materials, labor, equipment, tools, transportation, supervision, expertise, and other incidentals necessary to successfully install, replace, and refurbish red-cockaded woodpecker (RCW) inserts and pull flying squirrels from existing red-cockaded woodpecker cavity trees in accordance with the specifications included in the contract. Work is to be performed within the boundaries of the Angelina/Sabine, Sam Houston and Davy Crockett National Forests.

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.

52.212-1 Instructions to Offerors—Commercial Items. (June 2008) (By Reference)

This is a Request for Proposals which will result in a firm fixed price, performance based, indefinite-delivery, requirements contract for a basic period of performance from January 1, 2011, through December 31, 2011, plus four, one-year option periods. Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period(s), if exercised. The Government anticipates making award to one offeror per Forest. This project is set-aside 100% for small businesses. Award will be made based on the best value to the government and can be made on the initial offer.

Offers in complete form are due to the contracting office no later than 3:00 p.m. local time, November 12, 2010. Offerors must submit their offers in complete form to gpelch02@fs.fed.us or the following mailing address:

USDA Forest Service

ATTN: Gemaa Pelch

100 W Capitol ST, STE 1141

Jackson, MS 39269

To be considered for award, offer package shall consist of:

• Business Proposal o Completed and Signed SF-1449 o Priced Schedule of Items o Contractor’s Financial Information Sheet o Proof of Insurance

• Technical Proposal

SEE FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999), PAGE 21.

PRE--PROPOSAL MEETING

A pre-proposal meeting for this project is not scheduled. The technical point of contact for this procurement is Jason Engle, jaengle@fs.fed.us, (936)897-1068. Contact Gemaa Pelch, gpelch02@fs.fed.us, (601)965-1671, for questions concerning submission of proposals.

CONTRACT CLAUSES

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:

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).

X (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:

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.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)

This contract is a fixed price, requirements contract for a basic period of performance from January 1, 2011, through December 31, 2011, plus four, one-year option periods. Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period(s), if exercised.

Period of Performance

Base Period - January 1, 2011, through December 31, 2011 Option Period 1 - January 1, 2012, through December 31, 2012 Option Period 2 - January 1, 2013, through December 31, 2013 Option Period 3 - January 1, 2014, through December 31, 2014 Option Period 4 - January 1, 2015, through December 31, 2015

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 December 31, 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.

AUTHORIZED ORDERING OFFICIALS

All warranted Contracting Officers of the USDA Forest Service are authorized to place orders under this contract. The amount of any order shall not exceed the maximum order limitation shown elsewhere in this contract.

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 $300,000.00 or;

(2) Any order for a combination of items in excess of $300,000.00 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 effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the task order completion date identified on each task order.

AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,500.00, but not in excess of $1,000,000.00, over the life of the contract.

52.217-8 Option to Extend Services (NOV 1999)

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

52.217-9 Option To Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 Days; provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. .

AGAR 452.228-71 Insurance Coverage. (NOV 1996)

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

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

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

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

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

52.232-18 Availability of Funds. (APR 1984)

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

AGAR 452.237-74 - Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Contractor’s Representative

Foreman

Inspector

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

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

FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://fsweb.wo.fs.fed.us/aqm/newweb/fsar/index.shtml

52.204-7 Central Contractor Registration. (Apr 2008) 52.217-2 Cancellation Under Multiyear Contracts (OCT 1997) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)

DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

STATEMENT OF WORK

1. DESCRIPTION OF SERVICES

The federally endangered red-cockaded woodpeckers (RCW) build cavities in live southern pine tree species (loblolly, shortleaf, longleaf, and slash pines) for roosting and nesting. The Forest Service increases the number of available cavities by installing artificial inserts into pine trees. This project consists of installing new red-cockaded woodpecker inserts, replacing old inserts, refurbishing old inserts, and pulling flying squirrels from existing red-cockaded woodpecker cavity trees.

The contractor shall provide all materials, labor, equipment, tools, transportation, supervision, expertise, and other incidentals necessary to successfully complete RCW insert maintenance as generally described above and pull flying squirrels from existing red-cockaded woodpecker cavity trees in accordance with attached specifications and drawings.

Work will be performed within the boundaries of the Angelina/Sabine, Sam Houston and Davy Crockett National Forests.

Contractor shall have a Section 10(a)(1)(A) permit from U.S. Fish and Wildlife Service prior to installing artificial inserts.

All work shall be performed during the time period of one-half hour after sunrise to one-half hour before sunset. No work will be performed during nesting season, April 1 through July 31, unless specifically requested.

1.1 Specifications

Installing Inserts

Insert Construction: Inserts must be constructed using the guidance set forth in Appendix A. If clarification of the insert construction plans is needed, contact the Contracting Officer’s Representative (COR).

Tree Selection: Inserts shall be installed in trees selected by U.S. Forest Service personnel. These trees will be flagged in blue and white striped flagging.

General Installation Technique: The contractor shall use the technique described in General Technical Report SE-73, An

Insert Technique for Constructing Red-Cockaded Woodpecker Cavities which can be downloaded from http://www.treesearch.fs.fed.us/pubs/955.

Replacing Inserts

Specification will be the same as installing new inserts, except that the old insert will be removed and the new insert installed in the same hole.

Refurbishing Inserts

Artificial insert cavity trees designated by the Forest Service for refurbishment should have squirrels pulled, cleaned, scrapped and repainted.

Pulling Squirrels

All cavity trees within designated clusters shall be checked by the contractor for flying squirrels or other nest parasites and predators. If flying squirrels or other animals are in the cavity, they shall be pulled out and removed from the area. No squirrels shall be released within 1-mile of any RCW clusters.

1.2 Insert Installation Techniques:

I. Insert tree: the contractor shall scrape the loose outer bark approximately three to four feet above and below, and around the back of the bole, where the insert is to be installed.

II. Once the hole has been cut, the contractor shall coat the back & top of the insert as well as the sides and bottom of the hole in the tree with Elmer’s Wood filler (interior/exterior).

III. If replacing an insert then old insert should be cut out completely and new insert installed in the same hole.

IV. The contractor shall assure that the insert fits tightly into the hole inserting cedar or pine wood wedges to fill any gaps. All cracks and edges need to be completely covered/sealed with wood putty. Once this is completed, brown tree marking spray paint should be used to cover the front of the insert.

V. The contractor shall then use white tree marking spray paint to simulate resin wells that give the appearance of a natural RCW cavity tree. If requested by the COR, pitch wells may be created using claw hammer or chipping hammer.

VI. After completion the contractor shall scrape the loose bark from the bole of the insert tree at 4.5 ft. high and paint with commercial white tree marking paint an 18 inch wide white band on any new insert trees.

Insert Installation Requirements:

Inserts shall be installed:

a) between twenty feet and forty two feet from the ground;

b) cut limbs below the insert;

c) if on a leaning tree, the insert shall face the direction of the lean;

d) the outer surface of the insert shall be flush with the scraped surface, once installed;

e) not less than 5 ft away from an existing insert on the same bole;

f) exceptions shall be coordinated with the Government

1.3 Refurbishing Inserts Techniques

I. Pulling Flying Squirrels: All designated cavity trees should be checked by the contractor for flying squirrels or other nest parasites and predators. The contractor can use a peeper scope or climb the tree to check the cavity chamber. If flying squirrels or other animals are in the cavity, they should be pulled out alive and removed from the area. No squirrels shall be released within 1-mile of any RCW clusters.

II. Cleaning: Remove all debris from the inside chamber of RCW cavity.

III. Scrapping: Scrape the loose outer bark three to four feet above, below, and around the back of the bole from where the insert is installed.

IV. Restrictor plates: Add restrictor plates when requested. Restrictor plates are square or rectangle metal plates with an inverted U-shaped cut-out (1.5 to 1.75 in wide) in the center of the plate. They should be made of 22-gauge stainless steel, aluminum or sheet metal. Secure the plate so that no metal is below the entrance tunnel or blocking the entrance tunnel. Ensure metal is not rough or jagged, as this may cause injury to the bird.

V. Repainting: The contractor shall then use commercial white tree marking paint to simulate resin wells that give the appearance of a natural RCW cavity tree (do not paint resin wells on natural cavities). The contractor shall scrape the loose bark from the bole of the insert tree at 4.5 ft. high and paint an 18” wide white band around base of insert trees.

1.4 Pulling Squirrels Techniques

I. Pulling Flying Squirrels: All cavity trees within a designated cluster shall be checked by the contractor for flying squirrels or other nest parasites and predators. The contractor can use a peeper scope or climb the tree to check the cavity chamber. If flying squirrels or other animals are in the cavity, they should be pulled out and removed from the area. No squirrels shall be released within 1-mile of any RCW clusters. All clusters will have a minimum of four suitable cavity trees and up to twenty cavity trees, but most clusters have between six to ten cavity trees that will need to be checked. The contractor can skip a cavity if a tree is unsafe to climb; however this will need to be justified in contractor’s records and the COR must be notified.

1.5 Equipment Requirements:

Contractor shall be responsible for either purchasing or building the inserts, providing tree- climbing equipment, chainsaw, gas, bar & chain oil, paint, etc.

2. PERFORMANCE REQUIREMENTS SUMMARYS

Task/Critical

Subtasks

Quality/Performance

Standards

Acceptable

Quality Level

(100% or other)

Means of

Measurement

Negative

Incentives

Positive

Line Item #1.

Installing inserts

Inserts will be provided by the contractor and meet all specifications.

Installation of inserts will meet specifications

100%

Verify contract records and reports; periodically witness contractor inspection; conduct independent Government inspections

Rework at no cost to Government;

Repair or replace at no cost to Government

Withhold payment for work not completed to satisfactory performance rating

Satisfactory or better performance rating.

Line Item #2.

Replace inserts

Inserts will be provided by the contractor and meet all specifications.

Installation of inserts will meet specifications

100%

Verify contract records and reports; periodically witness contractor inspection; conduct independent Government inspections

Rework at no cost to Government;

Repair or replace at no cost to Government

Withhold payment for work not completed to satisfactory performance rating

Satisfactory or better rating.

Task/Critical

Subtasks

Quality/Performance

Standards

Acceptable

Quality Level

(100% or other)

Means of

Measurement

Negative

Positive

Line Item #3.

Refurbish inserts

Refurbished inserts will meet specifications

100%

Verify contract records and reports; periodically witness contractor inspection; conduct independent Government inspections

Rework at no cost to Government;

Repair or replace at no cost to Government

Withhold payment for work not completed to satisfactory performance rating

Satisfactory or better performance rating.

Line Item #4.

Pull Squirrels

No more than one cavity tree will have squirrels or other animals within 48 hours of contractor doing squirrel removal.

100%

Verify contract records and reports; periodically witness contractor inspection; conduct independent Government inspections

Repull squirrels at no cost to Government;

Withhold payment for work not completed to satisfactory performance rating

Satisfactory or better rating.

3. GOVERNMENT FURNISHED PROPERTY AND SERVICES

The government will furnish maps and access behind locked gates. Sites will be designated on the ground with flagging when necessary.

4. GENERAL INFORMATION

4.1. Description of work sites.

The Angelina/Sabine National Forest consists of approximately 314,000 acres in Angelina, Jasper, San Augustine, Nacogdoches, Sabine, Shelby, Jasper and Newton Counties. The Sam Houston National Forest is located San Jacinto, Walker and Montgomery Counties. The Davy Crockett National Forest is located in Houston and Trinity Counties.

Potential work sites are distributed throughout the forest. These sites may vary from being right off main highways, down gated gravel roads, or only accessible on by foot. The understory/midstory in these areas can range from being very open and park like to mildly dense.

4.2. Quality Control. The contractor shall develop quality control procedures that address the areas identified in section 2, Performance Requirements Summary.

4.3. Quality Assurance. The government will periodically evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan, which incorporates all requirments in the Performance Requirements Summary (section 2).

4.4. Procedures. Evaluations will be conducted on a periodic basis. Inspection results will be recorded, noting date and time of inspection. If inspection indicates unacceptable performance, the contractor or his representative will be notified of the deficiencies. Reperformance of deficient work will be completed at contractor’s expense, with no additional time added to contract. Payment will be issued upon acceptable delivery of services.

5. PROTECTION

5.1 Protection of Streams, Lakes, and Reservoirs. The Contractor shall take every precaution necessary to prevent pollution of any stream. All streams shall be kept free of contractor generated debris. Heavy equipment shall not operate within the streamside management zones as designated by the COR. The COR will designate stream crossings.

5.2 Site Protection. The Contractor shall prevent excessive rutting and compaction by operating his equipment only when suitable soil conditions exist, as determined by the COR or Inspector. The Contractor shall prevent damage to trees left standing. Contractors may be charged if trees are damaged due to negligence. The Contractor shall ensure that gates remained locked during and after operations behind gated sites.

5.3 Protection of Archaeological/Historical Resources. The contractor shall, upon discovery of suspected archaeological or historical materials, cease work in the vicinity of such material and immediately notify the COR.

5.4 Debris Disposal. All gas and oil cans, wood filler containers, or other debris generated by the contractor during the implementation of this contract will be removed from Forest Service land as work progresses. Site cleanup will be accomplished before contractor moves to the next work site.

6. QUALITY ASSURANCE SURVEILLANCE PLAN

6.1. Purpose

This Quality Assurance Surveillance Plan (QASP) is a Government developed and applied document used to ensure that systematic quality assurance methods are used in the administration of the Performance-Based Service Acquisition (PBSA) standards included in this contract. The intent is to ensure that the Contractor performs in accordance with the performance standards/acceptable quality levels contained in the performance work statement; that the Government receives the quality of services called for in the contract; and, that the Government only pays for the acceptable level of services received.

6.2. Scope

It is important to understand the responsibilities of the parties and distinguish between the quality control plan and the QASP. The contractor is responsible for managing and developing a quality control plan to meet the quality standards established in the Performance work statement (PWS). The QASP is put in place to provide Government surveillance and oversight of the contractor’s efforts in meeting the performance standards required by the contract. The QASP is not part of the contract nor is it intended to duplicate the Contractor’s quality control plan. The Government may provide the Contractor with an information copy of the QASP to support the Contractor’s efforts in developing a quality control plan that will interrelate with the QASP.

6.3. Government Resources

The following personnel will implement all surveillance activities:

Contracting Officer - The Contracting Officer ensures performance of all necessary actions for effective contracting, ensures compliance with the terms of the contract and safeguards the interests of the United States in the contractual relationship. It is the Contracting Officer that assures the Contractor receives impartial, fair and equitable treatment under the contract. The Contracting Officer is ultimately responsible for the final determination of the adequacy of the Contractor’s performance.

Assigned Contracting Officer: Karen Ray Telephone: (601)965-1639

Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and assures proper Government surveillance of the Contractor’s performance. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Any changes that the Contractor deems may affect contract price, terms, or conditions shall be referred to the Contracting Officer for action.

Contracting Officer’s Representatives:

Angelina/Sabine NF: Jason Engle Telephone Number: 936-897-1068

Davy Crocket and Sam Houston NF: Daniel Jauregui Telephone: 936-344-6205

Government Contract Inspectors may be designated as needed.

6.4. Methods of QA Surveillance

The methods of surveillance listed below shall be used in the administration of this QASP. The specific surveillance method for each performance standard and acceptable quality level is listed in the “Monitoring Method” column of the

PWS.

COR inspection - Indicates that the Contracting Officer’s Representative will be responsible for monitoring the Contractor’s performance in meeting a specific performance standard/acceptable quality level. In the case of a written deliverable, COR Review will consist of 100% inspection of the specific deliverable and supporting documentation. In the case of day-to-day support activities, COR Review will consist of periodic inspection or random monitoring. The results of all monitoring activity shall be documented on the Surveillance Activity Summary Form (Appendix B). Copies of the Form shall be submitted to the Contracting Officer as requested, at the conclusion of contract performance, and whenever contractor performance fails to meet acceptable quality levels.

6.5. Documentation

The COR or designee will, in addition to providing documentation to the Contracting Officer, maintain a complete quality assurance file. The file will contain copies of all reports, evaluations, recommendations, surveillance checklists, and any actions related to the Government’s performance of the quality assurance surveillance function. All such records will be retained for the life of the contract and forwarded to the Contracting Officer upon completion.

Appendix A. Diagram of a cavity insert with a full restrictor plate and PVC cavity entrance sleeve.

The wooden portion of the insert should be coated with a non-toxic polyurethane coating before the restrictor plate is installed.

The restrictor plate covers the entire front side of the insert ending flush with the top, bottom and side edges. The plate is constructed of 16 gauge, cold, finished steel with 3/16” holes on a staggered 5/16” pattern. The entrance hole in the plate is 2” in diameter and the drain hole is 5/16” in diameter.

The entrance hole must be placed so the top of the hole is 1 5/8” from the top of the insert and sides of the hole are 1” from the front side of the insert. The entrance hole must slope upward at a 15 degree angle to prevent water from entering the cavity. The drain hole is centered ¼” from the bottom of the insert.

The entrance hole must have a 2” long sleeve made of 1 ½” Lightweight PVC pipe. The Lightweight PVC is used because the inside diameter (id) has to measure 1 11/16” . The hole in the insert is 1 7/8” diameter. The outside of the PVC sleeve should be coated with a thin layer of wood putty applied to the entrance before the sleeve is inserted. The sleeve when installed should be flush with the restrictor plate. A “Grimmel tool” is used to score the bottom of the inside of the sleeve, perpendicular to the traffic flow. The scoring provides a “grip" for the birds to enter and leave the cavity.

Appendix B. Surveillance Activity Form

Contract Number:

Required Service

Performance Standard

Acceptable Quality

Level AQL)

Monitoring Method Used

Monotoring Performed by/Date(s)

Compliance with

Performance Standard/AQL

Other Comments

WD 77-1427 (Rev.-33) was first posted on www.wdol.gov on 06/22/2010

Forestry and Land Management Services

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Shirley F. Ebbesen Division of Wage | Wage Determination No: 1977-1427

Director Determinations | Revision No: 33

| Date Of Revision: 06/15/2010

State: Texas

Area: Texas Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on service contracts for forestry, land management, the cleaning of public use areas, and timber inventory services.

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 11.66

08040 - Choker Setter 7.66

08070 - Faller/Bucker 10.98

08100 - Fire Lookout 11.66

08130 - Forestry Equipment Operator 9.91

08160 - Forestry/Logging Heavy Equipment Operator 11.25

08190 - Forestry Technician 10.82

08200 - Forestry Truck Driver 10.56

08250 - General Forestry Laborer 10.36

08280 - Nursery Specialist 16.16

08310 - Slash Piler/Burner 11.66

08340 - Tree Climber 13.05

08370 - Tree Planter 9.75

08400 - Tree Planter, Mechanical 9.75

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE…