Herbaceous Seed Collecion and Processing Solicitation.pdf

Native Herbaceous Seed Collection and Processing Solicitation No. AG-447U-S-12-0055 Desoto National Forest page 1

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 3/2005)

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-12-0055

6. SOLICITATION ISSUE DATE

7/24/2012

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Elijah Gray, Contracting Officer

b. TELEPHONE NO. (No collect calls)

601-965-1619

8. OFFER DUE DATE/LOCAL TIME

8/23/2012/4:00 LT

. ISSUED BY CODE

10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS

USDA Forest Service Acquisition Zone West - AQM National Forests in Mississippi 100 West Capitol Street, Suite 1141 Jackson, MS 39269

UNRESTRICTED

SET ASIDE: 100 % FOR

SMALL BUSINESS

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

HUBZONE SMALL

BUSINESS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

8(A) 13b. RATING

SIC: 115310

SIZE STANDARD:

$6.5 Million

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

See Individual Task Orders Same as Block 9 17a. CONTRACTOR/ CODE

OFFEROR FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO

National Finance Center P. O. Box 60075

New Orleans, LA 70160 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 SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Native Herbaceous Seed

Collection & Processing DeSoto National Forest

Note: Contractors MUST submit a technical proposal

SEE

SCHEDULE

OF ITEMS

25. ACCOUNTING AND APPROPRIATION DATA

See Individual Task Orders

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 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. 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

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

RECEIVED INSPECTED CONTRACT, EXCEPT AS NOTED PARTIAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT REPRESENTATIVE 32c. DATE COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print)

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

Desoto National Forest page 2

TABLE OF CONTENTS

SF-1449, Solicitation /Contract/Order for Commercial Items 1 Page

Bid Schedule 4

Specifications 5

SPECIAL CONTRACT REQUIREMENTS

Vegetation Management Treatment Standards 14

CONTRACT CLAUSES 17

Contract Terms and Conditions - Commercial Items 17

Clauses Incorporated by Reference 37

SOLICITATION PROVISIONS

Instructions to Offerors - Commercial Items 38

Evaluation - Commercial Items 38

Offeror Representations and Certifications - Commercial Items 41

Wage Determination 55

Contractor’s Financial Information 58

Desoto National Forest page 3

SCHEDULE OF ITEMS

Native Herbaceous Seed Collection & Processing

De Soto Ranger District

Price Price Option Task/Subtask Quantity Unit Base Year Year One

1.0 Manual Native Herbaceous Understory

Seed Collection (Mix) & Processing

1.0.1 Gulf Coastal Plain (Mississippi) Mix 1 Pounds (lb) $________ $________

1.1 Mechanical Native Herbaceous Understory

Seed Collection (Mix) & Processing

1.1.1 Gulf Coastal Plain (Mississippi) Mix 1 Pound (lb) $________ $________

1.2 Mechanical Native Herbaceous Understory

Seed Collection - Seed with Vegetation

(baling) & Processing

1.2.1 Gulf Coastal Plain (Mississippi) Mix 1 Pound (lb) $________ $________

Totals $________ $________

Total ALL Items – Base Year and Option Year One $_____________________________

*This is an indefinite-delivery indefinites quantity contract. Quantities are unknown at this time.

Desoto National Forest page 4

GENERAL

SCOPE

OFFERORS SHALL BE REGISTERED IN THE CENTRAL CONTRACTOR REGISTRATION (CCR)

(www.ccr.gov) AND ONLINE REPRESENTATIONS AND CERTIFICATIONS (ORCA) (https://orca.bpn.gov/)

DATABASES TO RECEIVE AN AWARD.

OFFERS THAT DO NOT INCLUDE A TECHNICAL AND BUSINESS PROPOSAL WILL NOT BE

CONSIDERED FOR AWARD. Refer to AGAR 452.215-71 INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND BUSINESSPROPOSALS (SEP 1999), Page 39.

The purpose of this contract is to secure native herbaceous seed collection and processing services on the Desoto National Forest.

The contractor shall furnish all labor, equipment, supplies, services, permits and licenses necessary to perform seed collection and processing on the Desoto Ranger District of the Desoto National Forest. This contract task includes Manual Native Herbaceous Understory Seed Collection (Mix) & Processing, Mechanical Native Herbaceous Understory Seed Collection (Mix) and Processing and Mechanical Native Herbaceous Understory Seed Collection – Seed with Vegetation (bailing) and Processing.

PRE-PROPOSAL MEETING

A pre-proposal meeting is not scheduled. Persons interested in submitting an offer are urged to visit the site of interest.

Contractors desiring to view the seed collection sites may schedule a visit by contacting the following technical personnel: Tate Thriffiley, De Sot Ranger District, Ashe Seed Extractory Office at 601-584-8488. The Contracting Officer should be contacted for questions concerning submission of proposals.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)

This contract is a fixed price, performance based, indefinite-delivery, indefinite quantity contract for a basic period of performance from date of award through September 30 2012, 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 Year - Award of contract through September 30, 2012 Option Year 1 - October 1, 2012 through September 30, 2013

Desoto National Forest page 5

DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

SCOPE OF WORK: The contractor shall provide any and all labor, equipment, supplies, services, permits, and licenses necessary to perform native seed collection and processing on the De Soto Ranger Districts of the De Soto National Forest. The contractor must be registered with the Department of Labor under the Migrant and Seasonal Workers Protection Act. The Contractor shall follow all State and Federal regulations, including OSHA guidelines.

This statement of work consists of completing the tasks/subtasks in Section 5 to the performance requirements of the technical specifications. Areas listed for work will have been determined by global positioning system (GPS), planimeter, dot grid, or geographic information system (GIS).

LOCATION:

The areas are located within the boundaries of the De Soto Ranger District. Specific locations, area data, and maps will be issued with each task order.

BOUNDARIES:

Boundaries will be delineated on maps.

SALVAGE RIGHTS:

No salvage rights exist under this contract.

PAYMENT:

Payment for performed work will be based on actual pounds of native seed and/or chaff/bails collected and processed by the Contractor and accepted by the Government. Payment will be processed for collected and processed products only and for a minimum amount of $1,000.00.

CONTRACTOR REPRESENTATIVE:

The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, understand English, and communicate with his crews.

PROTECTION OF IMPROVEMENTS:

Any improvements damaged by the contractor’s work shall be repaired to the condition that existed prior to the start of work at the contractor’s expense.

CONTRACT TIME:

All contract work shall be done during the appropriate native seed collection season of the targeted vegetation.

Desoto National Forest page 6

Native Herbaceous Understory Seed Collection – Manual/Hand

Deliverable:

• pounds (lbs.) of approved native herbaceous understory seed mix

Contractor shall collect and process approved native herbaceous understory seed. Contractor must have knowledge of and be able to distinguish native from non-native plants. Contractor must be able to identify and avoid non-native plant species. Seed collected and processed by the contractor should be free of seed from non-native plant species. Native herbaceous understory seed and seed collection areas must be approved and designated by Forest Service natural resource professionals.

Native herbaceous understory seed should be collected by hand or hand operated/backpack vacuum device. Seed should be dried/processed so that viability is maintained. Processed seed should be transported to the government approved storage facility identified by the COR or Forest Service representative.

Government-Furnished Property: Maps of specific work areas where native herbaceous seed mix collection and/or native herbaceous seed collection of a single species may occur on National Forest land will be provided to the contractor.

Safety:

Contractor will utilize/provide personnel with and require the use of personal protective equipment: hardhat, gloves, eye and ear protection, first aid kit, and other measures identified in this contract.

Contractor shall take precautions necessary to prevent pollution from fuel and oil spilling from equipment and is responsible for clean-up if a spill occurs.

Desoto National Forest page 7

Native Herbaceous Understory Seed Collection – Mechanical

Deliverable:

• pounds (lbs.) of approved native herbaceous understory seed mix

• bales (quantity) of approved native understory herbaceous seed + vegetation: approximate size of bale should be 14” x 18” x 22”

Contractor shall collect and process approved native herbaceous understory seed mix. Contractor must have knowledge of and be able to distinguish native from non-native plants. Contractor must be able to identify and avoid non-native plant species. Seed collected and processed by the contractor should be free of seed from non-native plant species.

Native herbaceous understory seed and seed sources must be approved by Forest Service natural resource professionals.

Contractor shall furnish native herbaceous understory seed collection equipment and is responsible for equipment repair and maintenance.

For Seed Collection. Native herbaceous understory seed should be collected using a tractor, 4-wheeler, UTV, or other approved equipment functioning as or fitted with an herbaceous seed collecting apparatus (e.g. flail vac). Seed should be dried/processed so that viability is maintained. Processed seed should be transported to the government approved storage facility identified by the COR or Forest Service representative.

For Seed Collection with Vegetation (hay/matting) Baling. Native herbaceous understory seed and native herbaceous vegetation should be collected using approved mechanical equipment for baling. Approximate size of bales should be 14” x 18” x 22”. Bales should be transported to the government approved storage facility identified by the COR or Forest Service representative.

Government-Furnished Property: Maps of specific work areas where native herbaceous seed collection and/or native herbaceous seed collection & baling may occur on National Forest land will be provided to the contractor.

Safety:

Contractor should utilize/provide personnel with and require the use of personal protective equipment: hardhat, gloves, eye and ear protection, first aid kit, and other measures designated in this contract.

Contractor shall take precautions necessary to prevent pollution from fuel and oil from spilling from equipment and is responsible for clean-up if a spill occurs.

Inspection and Acceptance

1. Identification and Collection of appropriate seed mix.

2. Appropriate Processing and Storage methods

3. Pounds of native seed and/or chaff/bails delivered

Desoto National Forest page 8

SECTION II – DEFINITIONS

2.1 STANDARD DEFINITIONS.

TERMS MEANING

Acceptable Quality Level

(AQL)

The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

Defective Service A unit of service which contains one or more defects, or nonconformance with specified requirements.

Performance Requirements Summary (PRS)

Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

Quality Assurance Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS)

Contracting Officer’s Representative (COR)

A Government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

Government Inspector A Government person responsible for surveillance of contractor performance.

Quality Assurance Surveillance Plan (QASP)

An organized written document used for quality assurance surveillance that contains specific methods the Government will use to perform surveillance of the contractor.

Quality Control Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Random Sampling A sampling method in which each service output in a unit has an equal chance of being selected.

Calendar Days Every day shown on the calendar, Saturdays, Sundays and holidays included.

2.2 TECHNICAL DEFINITIONS

TERMS MEANING

Bail 14 x 18 x 22

Desoto National Forest page 9

SECTION III - GOVERNMENT-FURNISHED PROPERTY

MATERIALS/SERVICES

Govt. Furnished

Property/Services/ Data etc.

Quantity What, Where, When or How to be Furnished to Contractor

Maps As Required 1:24000 scale for each collection area

Any Government-furnished property used by the contractor will be inspected prior to release to the contractor.

Reference FAR 52.245-1 Alt. 1 (AUG 2010).

SECTION IV - CONTRACTOR-FURNISHED

ITEMS/SERVICES

Govt. Furnished

Property/Services/ Data etc.

Quantity What, Where, When or How to be Furnished to Contractor

The contractor shall furnish all the equipment, supplies and labor required to perform this Performance Work Statement. The contractor shall also provide proof that the work meets the standards

Desoto National Forest page 10

SECTION V – PERFORMANCE WORK STATEMENT

TASKS AND CRITICAL SUBTASKS

The following tasks are to be performed in accordance with the technical specifications.

Submittals. The contractor shall provide the following submittals:

5.1 Quality Control Plan. The contractor shall establish and maintain a complete Quality Control Plan acceptable to the Government to ensure the requirements of the contract are provided as specified.

5.2 Work Plan. The work plan shall describe how the contractor plans to perform the project including methods, personnel, and equipment.

5.3 Progress Schedule. The contractor shall prepare and submit a practical schedule showing the order in which the contractor will perform the work and the dates on which the contractor contemplates starting and completing each task.

5.4 Contractor Inspection Records.

5.5 Safety Plan

5.6 Fire Suppression Plan

Desoto National Forest page 11

VI – GOVERNMENT PUBLICATIONS AND STANDARDS

QUALITY ASSURANCE SURVEILLANCE PLAN - SAMPLE

Contract – Native Herbaceous Seed Collection and Processing for the De Soto Ranger Districts of the De Soto National Forest.

This Quality Assurance Surveillance Plan (QASP) has been developed pursuant to the requirements of the Performance Work Statement (PWS) in Contract___________. This plan sets forth procedures and guidelines that will be used in evaluating the technical performance of the contractor.

A. PURPOSE OF THE QASP

The QASP is intended to accomplish the following:

Define the roles and responsibilities of participating government officials and the contractor;

Identify the types of work to be performed and the inspections to be performed to validate adequacy;

Describe the evaluation methods that will be employed by the government in assessing the contractor’s inspection program and performance to the quality/performance standards required for each task;

Provide copies of the contractor’s inspection records and Government quality assurance monitoring forms that will be used by the government in documenting and evaluating the contractor’s performance;

Describe the process of performance documentation.

The contractor is responsible for performing inspection services pursuant to the inspection clause and for providing and maintaining the inspection forms, approved by the government, to perform the contractor’s inspection services. The contractor has represented themselves, to be responsible for meeting the prescribed quality/performance standards in the statement of work.

B. ROLES AND RESPONSIBILITIES OF GOVERNMENT OFFICIALS

The following government officials will participate in assessing the quality of the contractor’s performance. Their roles and responsibilities are described as follows:

Tate Thriffiley will serve as the Contracting Officer’s Representatives (COR) and be responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor on the schedule of inspections submitted by the contractor and approved by the government. The COR/Inspector, if the latter is assigned to the project, will either witness the contractor’s performance of the inspections performed by the contractor or will evaluate the contractor’s inspection results as to documented findings relative to meeting the standards for each task/subtask within the statement of work. The COR will have primary responsibility for completing quality assurance monitoring forms which will be used to document the inspection and evaluation of the contractor’s work performance.

Elijah Gray will serve as the Contracting Officer (CO) and will have overall responsibility for overseeing the contractor’s performance. The CO will also be responsible for the day-to-day monitoring of the contractor’s performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COR’s assessment of the contractor’s performance; and resolving all differences between the COR’s version and the contractor’s version.

Desoto National Forest page 12

C. TYPES OF WORK TO BE PERFORMED/SCHEDULE OF INSPECTIONS

This contract calls for the contractor to perform the following tasks and to perform inspections at the completion of the tasks/subtasks as a minimum and or for intermediate inspections as determined at contract award by the COR/CO. The contractor’s quality control plan/schedule will be modified accordingly and will be one of the basis for the award of the contract.

Task/ subtask# Title When To Be

Inspected What To be Inspected Documentation

Inspection Type (100%/Periodic/ Random)

1.0 through 1.2

Native Herbaceous Seed Collection and Processing

As work is being performed and at completion of task

Compliance with technical specifications

Contractor Records/ Data/Reports

COR/Inspector Daily Diary

Periodic

Random

D. METHODS OF SURVEILLANCE

The government, through its COR, will monitor the contractor’s performance on a continuous basis. The method the government will use is identified in C above. The COR/Inspector will first verify the results of the contractor’s inspection, completeness and adequacy of the documentation of the contractor’s inspection results. The government COR will perform periodic independent inspections after the contractor has performed their inspection if questions develop regarding the results of the contractor’s inspections. Results of the independent inspections that differ from the results noted by the contractor on their inspections the costs thereof for the re-inspection costs will be assessed against the contractor. The contractor shall be required to rework/repair or replace the effort until the quality/ performance standard is achieved.

Inspections will be performed to the schedule submitted by the contractor and approved by the government. Variances from the schedule must be pre-approved by the CO.

E. QUALITY ASSURANCE (QA) FORMS AND REPORT

1. The COR will use a quality assurance monitoring form to document and evaluate the contractor’s performance under the contract. This can consist of a Form, a Memo for record or an entry in a daily/weekly diary. The form when completed will document the COR’s understanding of what the contractor was supposed to do, what was actually done, and the impact or consequences of what was done. The documentation will also identify the additional steps required of the contractor if there is a nonconformance.

2. The COR will judge each event in accordance with the performance standards and performance requirements stated in the Quality/Performance Requirements stated in the contract either in section 5 of the Statement of Work (SOW) or in section 7 of the SOW.

3. The COR must substantiate all tasks which he judges to be indicative of “unacceptable” performance.

Performance at the “acceptable” level is expected and need not be substantiated.

4. In accordance with Section C above, the contractor shall furnish (monthly, at a minimum) to the COR copies of all inspection forms generated by the contractor witnessing inspections performed. The COR will forward copies of all completed QA monitoring forms to the CO and contractor inspection records prior to processing payments. The contractor is required to respond in writing to any negative QA monitoring form(s) within 5 working days after receipt of the form(s).

Desoto National Forest page 13

F. ANALYSIS OF SURVEILLANCE RESULTS

1. The CO will review each QA monitoring form prepared by the COR. When appropriate, the CO may investigate the event further to determine if all the facts and circumstances surrounding the event were considered in the COR’s opinion outlined on the forms. The CO will immediately discuss every event receiving a substandard rating on the forms. The CO will immediately discuss every event receiving a substandard rating with the contractor to assure that corrective action is promptly initiated.

2. At the end of each month, the COR will prepare a written report for the CO summarizing the overall result of his surveillance of the contractor’s performance during the previous month. This report will become part of the formal QA documentation.

3. Upon completion of the contract/task order the COR will perform a performance evaluation of the contractor using the results documented as above and provide to the CO for further action.

SECTION VII – PERFORMANCE REQUIREMENTS SUMMARY

Performance Standards: See specifications

Acceptable Quality Level (AQL): Minimum AQL is 90%.

Monitoring Method: Verify contract records and reports; periodically witness contractor inspection; conduct independent Government inspections.

Disincentives For Not Meeting Standards: Areas not meeting the AQL will be reworked at the contractor’s expense until it reaches the AQL. Those areas that cannot be reworked will result in non-payment for that area.

Desoto National Forest page 14

SPECIAL CONDITIONS

VEGETATION MANAGEMENT TREATMENT STANDARDS

RESOURCE PROTECTION, USE AND MAINTENANCE OF IMPROVEMENTS: The Contractor shall use every precaution necessary to prevent damage to public and private property.

A. Protection of Land Survey Monuments: The Contractor shall protect all known survey monuments, witness corners, reference monuments, bearing trees, and boundary line trees against avoidable destruction, obliteration, or damage during the operation.

B. Refuse Disposal: Papers, cans, bottles, or other refuse resulting from the Contractor's operations shall be removed from National Forest lands.

C. Erosion Control: The Contractor shall (1) avoid operating equipment when soil conditions are such that excessive damage will result; (2) construct erosion control structures as needed to control erosion problems caused by the operation; and (3) repair promptly any existing erosion control structures damaged by the operation.

D. Protection of Cultural Resources: Discovery of historic or prehistoric sites, buildings, objects, and properties by either the Government or the Contractor shall promptly be reported to the other party.

E. Protection of Improvements: When the Contractor's operations are adjacent to private property, railway property, utility company property, or other property; work shall not begin until all necessary arrangements to prevent damage have been taken by the Contractor.

In the event of damage to private fencing improvements, the improvement must be restored immediately to the condition that existed prior to the start of the work.

In the event of interruption to utility services because of accident breakage or as a result of lines being exposed or unsupported, the Contractor shall promptly notify the proper authority and shall cooperate with that authority in the restoration of service.

F. Protection of Trees: Trees shall be protected from damage or destruction in the Contractor's operations. Damage includes any injury to the living crown, bole or roots of reserve trees.

G. Prevention of Oil Spills: The Contractor shall take appropriate prevention measures to insure that any spill or oil or oil products do not enter any stream or other waters.

H. No roads or temporary roads shall be constructed by the contractor.

I. Fire Prevention and Control: Warming fires will not be permitted except when leaves are wet or a place cleared of flammable material is used. If conditions warrant, the Government may prohibit fires. All fires must be completely extinguished before leaving.

PERSONAL PROTECTIVE EQUIPMENT

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

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards

Desoto National Forest page 15

3. or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

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

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

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

7. The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., tractor motor.

CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS

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

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

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

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

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

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

6. Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted.

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

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

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

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

11. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper.

Such facilities shall be serviced and maintained in a sanitary condition.

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

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

a. Gauze pads (at least 4x4 inches)

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

c. Box adhesive bandages (band-aids)

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

Desoto National Forest page 16

e. Two triangular bandages

f. Scissors

g. At least one blanket

h. Tweezers

i. Adhesive tape

j. Latex gloves

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

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

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

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

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

a. A shovel, axe or pulaski, 10 quart pail which is full of water for immediate use and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1: A 10: BC is required during the fire season.

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

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

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

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

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

Desoto National Forest page 17

TERMS AND CONDITIONS

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (FEB 2012)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113304 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137572

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(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

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(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

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

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

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti- Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

https://www.acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031326 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+160+141++%2818%29%20%25 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+1574+51++%2840%29%20%20AND%20%28%2840%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t49t50+2+224++%2849%29%20%20AND%20%28%2849%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract 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.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name…