Watershed and Wildlife Improvement RFP.doc

PAGE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

IAS:

ORB: 09-3048

PAGE OF

1 of 101 pages

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-52B1-S-09-0016

6. SOLICITATION

ISSUE DATE

March 5, 2009

Contract Admin: Roger Manning Technical Information: Zach Rigg

b. TELEPHONE NUMBER (no collect calls)

(812) 275-5987

(812) 275-5987

8. OFFER DUE DATE/ LOCAL TIME

4/7/009 3:00p.m. e.s.t.

9. ISSUED BY CODE

USDA-FOREST SERVICE

OHIO RIVER BASIN PROCUREMENT CLUSTER

HOOSIER NATIONAL FOREST

811 CONSTITUTION AVE

BEDFORD, IN 47421

10. THIS ACQUISITION IS

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UNRESTRICTED OR

SET ASIDE 100% FOR:

XX SMALL BUSINESS

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EMERGING SMALL

HUBZONE SMALL

BUSINESS

BUSINESS

SERVICE DISABLED VETERAN-

8(A)

OWNED SMALL BUSINESS

NAICS: 237990

SIZE STANDARD $31 million

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

12. DISCOUNT

TERMS

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

14. METHOD OF SOLICITATION

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

SEE DESCRIPTION OF SUPPLIES/SERVICES

16. ADMINISTERED BY CODE

SEE BLOCK 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE National Finance Center 13800 Old Gentilly Road

New Orleans, LA 70129

PAYMENT INQUIRY: (800) 421-0323

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

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

INDEFINITE DELIVERY- INDEFINITE QUANTITY TO PROVIDE WATERSHED AND WILDLIFE IMPROVEMENT SERVICES THROUGHOUT THE HOOSIER NATIONAL FOREST IN ACCORDANCE WITH THE FOLLOWING PAGES.

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 5.212-3 & 52.212-5 ARE ATTACHED. ADDENDA X ARE FORMCHECKBOX

ARE NOT ATTACHED.

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27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 42.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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 (SINGATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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RECEIVED

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INSPECTED

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

36. PAYMENT

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COMPLETE

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PARTIAL

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FINAL

37. CHECK NUMBER

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PARTIAL FORMCHECKBOX

FINAL

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

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

42 a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

(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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(2) 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:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jul 1995), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (3) 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).

__ (4) [Reserved]

XX (5)(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.

__ (6)(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.

__ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (July 2005) (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.

__ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (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.

__ (11) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (12) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004).

XX (14) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (15) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2006) (E.O. 13126).

XX (16) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX (17) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).

XX (18) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212).

XX (19) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

XX (20) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212).

XX (21) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

__ (22)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

__ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (23) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

__ (24)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Jan 2006) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286).

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

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

__ (25) 52.225-5, Trade Agreements (Jan 2006) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (26) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (27) 52.225-15, Sanctioned European Union Country End Products (Feb 2000) (E.O. 12849).

__ (28) 52.225-16, Sanctioned European Union Country Services (Feb 2000) (E.O. 12849).

__ (29) 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)).

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

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

__ (32) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (33) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (34) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (35)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

XX (1) 52.222-41, Service Contract Act of 1965, as Amended (July 2005) (41 U.S.C. 351, et seq.).

XX (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) (May 1989) (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 (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreements (CBA) (May 1989) (41 U.S.C. 351, et seq.).

(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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, 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 $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212).

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

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (July 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

(vii) 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.

ADDITIONAL INFORMATION AND INSTRUCTIONS

CONTRACT ADMINISTRATION DATA

(Addendum to Standard Form 18, blocks 5, 16, 17, and 18.)

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals: (Offeror to complete this section.)

OFFEROR:

EMAIL:

TIN:

DUNS:

ti

2. GOVERNMENT: ADMINISTRATIVE CONTRACTING OFFICE:

USDA FOREST SERVICE

OHIO RIVER BASIN PROCUREMENT CLUSTER

c/o HOOSIER NATIONAL FOREST

ATTN: MARK CORSE

811 CONSTITUTION AVE

BEDFORD, IN 47421

(812) 276-4729

3.

CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor under this contract will be made in accordance with Electronic Funds Transfer (EFT) methods referenced in this solicitation. All required information must be in the Central Contractor Registration (CCR) at www.ccr.gov. To check on payments once a contract has been awarded, contact the Miscellaneous Payments Section of the National Finance Center at 1-800-421-0323.

4.

INVOICES: Invoices shall be submitted in arrears, no advance payments will be authorized. Unless otherwise noted on the individual Task Orders, contractors shall submit invoices for payment as follows:

A. If the work performance period cited in the individual Task Order is 30 days or less the contractor shall submit an invoice to the government at the end of the performance period. No partial payments are authorized.

B. If the work performance period cited in the individual Task Order is greater than 30 days partial payments may be authorized on a monthly basis and upon completion of the ordered work.

C. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be mailed to the following address:

USDA FOREST SERVICE

HOOSIER NATIONAL FOREST

ATTN: ZACH RIGG

811 CONSTITUTION AVE

BEDFORD, IN 47421

D. In accordance with the Prompt Payment Act, payment will be due 30 days after:

a. Receipt of services; or

b. Receipt of proper invoice.

Whichever is later.

E. If payment is not received with 5 working days following the due date, notify the Contracting Officer’s Representative or Contracting Officer.

F. Contractors are encouraged to Contact PAYMENT INQUIRY at the National Finance Center (800) 421-0323 concerning status of past due invoices.

G. Contractors are encouraged to subscribe to the US Treasury website for Payment Advice Internet Delivery (PAID) at https://fmsapps.treas.gov/paid/ This service is free and provides vendors with advance notification of payments processed through EFT.

5. VETS-100 PROGRAM

Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor

VETS-100 Reporting

4200 Forbes Blvd., Suite 202

Lanham, MD 20703

Telephone: (301) 306-6752

Website: www.vets100.cudenver.edu

Reporting Questions: HelpDesk@vets100.com

Reporting Verification: Verify@vets100.com

ADDENDUM TO 52-212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

Vendors shall submit the following information with their offer to allow the Forest Service to evaluate proposals for award. Failure to provide the requested information may result in your offer not being considered for award.:

· A list of projects over the past three years you have performed that are similar to this project in scope and size. Please provide the name of the owner, address, telephone number and contact point for the project.

(This Information will be used in the evaluation under the past performance section)

· Provide brief resumes for the following personnel: Project Superintendent, Equipment Operators (This Information will be used in the evaluation under the technical capability section)

· Provide evidence of the understanding, appropriateness, and soundess of accomplishing the work, including understanding of objectives, demonstrated familiarity with forest area and resource base, thoroughness and appropriateness of approach and methods, and reasonableness of level of effort

(This Information will be used in the evaluation under the technical capability section)

· Provide a list of the equipment you intend to use on this project including, type of equipment, horse-power, size, model, year, accessories.

(This Information will be used in the evaluation under the equipment section)

· Quality Control Plan that includes the process you intent to use to ensure work is to the AQL. (This Information will be used in the evaluation under the technical capability section)

· Safety Plan – General information on how you will protect employees and the public in general. (This Information will be used in the evaluation under the technical capability section)

· Certifications/Representations required in FAR 52-212-3 Offeror Representations and Certifications - Commercial Items.

· Although the FS provides the incentives/disincentives for this project it will consider suggestions for additional or replacement incentives/disincentives to improve the quality and cost effectiveness of the work. If you have suggestions, you should submit them as alternatives included in your offer.

The award is being considered using a best value approach. Failure to provide this requested information may result in your offer not being considered for award.

PART I—THE SCHEDULE

SECTION B -SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

BROWNSTOWN RANGER DISTRICT – BASE PERIOD

Line Item No.

(CLIN)

Price Total

Price

PART I—THE SCHEDULE

SECTION B -SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

BROWNSTOWN RANGER DISTRICT – OPTION PERIOD ONE

Line Item No.

(CLIN)

Price Total

Price

SCHEDULE OF ITEMS

BROWNSTOWN RANGER DISTRICT – OPTION PERIOD TWO

Line Item No.

(CLIN)

Price Total

Price