CombinedSynopsisSolicitation.docx

Solicitation Number AG-569R-S-15-0020 The Lake States Acquisition Team announces an opportunity on the Huron-Manistee National Forests to evaluate implementation of Forestry Best Management Practices (BMPs) in accordance with the US Forest Service National Best Management Practices for Water Quality Management on National Forest System Lands and Sustainable Forestry Initiative Implementation Committee Monitoring of Forestry BMPs in Michigan as well as soil disturbance monitoring associated with timber harvest in accordance with the Forest Soil Disturbance Monitoring Protocol.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Quote (RFQ) and the documents incorporate provisions and clauses in effect through Federal Acquisition Circular 2005-80.

This procurement is set aside for a total small-business set aside. The NAICS code is 541990 and the Small Business Size Standard is $15 million.

The Government intends to award one contract for the items listed below to the Contractor who provides the best overall value to the Government. The Government reserves the right to award all, part or none of the contract. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer) unless a written notice of withdrawal is received before award.

Vendors must be registered in Systems for Award Management (SAM) prior to receiving a government contract (formerly Central Contractors Registration or CCR). See www.sam.gov for details – this may take up to 2 weeks and requires a DUNS number, so it is highly recommended that interested parties register immediately in order to avoid any delays in award.

All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP.

SCHEDULE OF ITEMS

HM – BMP Implementation Monitoring

HURON-MANISTEE NATIONAL FORESTS

Quoters shall enter an amount for Task #1-4 below. Task 5 is optional. The Government intends to award one contract for the items listed below to the Contractor who provides the best overall value to the Government. The Government reserves the right to award all, part or none of the contract.

Total:

Option Item - Task 5

Business Name, Address & telephone

Email address

DUNS number:

Date of latest SAM annual representations and certifications

Contact Name (print) Signature Date

Summary Statement of Work BMP and Soil Disturbance Monitoring on the Huron-Manistee

The USDA Forest Service Huron-Manistee National Forests (HMNF) is evaluating Forestry Best Management Practices (BMPs) and Soil Surface Disturbance. This work is intended to address the monitoring direction as described below.

All field work to be complete by October 1, 2015 and end products to be completed by December 1, 2015.

Table 1: Summary of contract activities.

#1

Fulfillment of Huron-Manistee National Forests’ Regional and National obligations for Best Management Practices (BMP) Monitoring in accordance with National Protocol

BMP Implementation and Effectiveness Monitoring at 100% of timber sale payment units that qualify for evaluation under the National BMP Monitoring Protocol: There are 18 such payment units – (See Table 2, Maps provided in Attachment 5)

Follow standardized National BMP Implementation and Effectiveness Monitoring protocol and field form: see Attachments 1 and 2.

Timber Harvest sites monitored in accordance with stated protocol(s).

Original, complete, legible, and signed, field forms (Attachment 2) used at each site monitored.

#2

Evaluate the extent to which Huron- Manistee National Forests comply with water quality protection standards in Land and Resource Management Plan

Follow established field form developed by the SFI Implementation Committee: See Attachment 3.

Timber Harvest sites monitored in accordance with stated protocol(s). Original, complete, legible, and signed, field forms (Attachment 3) used at each monitored site.

#3

Evaluation of soil disturbance monitoring associated with timber harvest activities on the Huron-Manistee National Forests

Forest Soil Disturbance Monitoring on Huron-Manistee NF Timber Harvest Payment Units

Forest Soil Disturbance Monitoring Protocol (Attachment 4).

Timber Harvest sites monitored in accordance with stated protocol(s). Original field forms used at each monitored site.

18 (same sites as in Tasks #1 and #2) plus optional bid on per site basis.

#4

Produce Final Project Report All observations compiled, summarized, and reported

Provide final concise, written report of findings

1 report

Statement of Work Hydrologist/Soil Specialist Expert BMP and Soil Disturbance Monitoring

The USDA Forest Service Huron-Manistee National Forest (HMNF) is seeking to evaluate implementation of Forestry Best Management Practices (BMPs) in accordance with two distinct protocols: Task 1) The US Forest Service National Best Management Practices for Water Quality Management on National Forest System Lands (here after referred to as Forest Service BMPs) (Attachments 1 and 2); and Task 2) Sustainable Forestry Initiative Implementation Committee Monitoring of Forestry BMPs in Michigan (here after referred to as SFI BMPs) (Attachment 3). Additionally, the HMNF is seeking: Task 3) soil disturbance monitoring associated with timber harvest in accordance with the Forest Soil Disturbance Monitoring Protocol (Attachment 4).

The period of performance will start at the Notice to Proceed through December 1, 2015. Tasks 1-3 to be complete by October 1, 2015 and Task 4 to be complete by December 1, 2015.

General Duties:

The scope of this contract requires independent, unbiased, expert services to accomplish Tasks 1 through 4 with Task 5 as an option item.

Before any contract work is started, the Contracting Officer's Representative (COR) will arrange for a post award conference to discuss contract provisions and specifications. At this time or within one week, the Contractor must present a proposed progress and work schedule for completing the work to be approved by the COR.

As part of this contract:

· Progress reports will be completed and turned into COR on a weekly basis showing locations of field work completed. For purposes of this contract there is not a set number of locations to be completed per week. The contractor is expected to work diligently throughout the field season completing all of the required locations by October 1, 2015 with final Project Report due by 12/1/2015.

· All original field forms will be turned over to the Huron-Manistee National Forest Watershed Program Manager with Final Report.

· All data will be electronically entered into a common spread sheet application (e.g. Excel or Access) and turned over to the Huron-Manistee National Forest Watershed Program Manager with Final Project Report.

· A concise report summarizing all findings and providing recommendations will be included as part of the contract upon completion of field work.

This work is essential to help the HMNF better understand the implications of timber harvest treatments on water quality and meeting the Clean Water Act. Additionally, the protocol will be used to collect data to document the level of success of standards for water quality protection stated in the HMNF’s Land and Resource Management Plan.

The contractor shall be an expert in the area of soil and water protection associated with forest management and shall demonstrate this qualification along with the bid for this contract.

The contractor shall be familiar with, or possess the ability to become familiar with, all protocols, reference guides, and field forms as attached to or referenced in this document.

The Contractor shall provide all services, personnel, facilities, materials, and supplies required for the performance and completion of the duties outlined above, unless specifically stated otherwise.

The Contractor shall implement the field component of this project accompanied by at least one additional individual at each sampling event.

The Contractor shall take frequent digital photographs in the field, keeping careful of record of time and place to demonstrate/highlight findings and to be used in final summary report.

The contractor is bidding on all requirements of Task #1, #2, #3 and #4 (detailed below and summarized in Table 1) and may consider bidding on the additional Task #5 (below).

Task 1: BMP Implementation and Effectiveness Monitoring using Forest Service Protocol:

· Implementation protocol is clearly explained in Attachments 1 and 2. It is expected the contractor will read, understand, and be able to implement the monitoring in accordance with these procedural documents. Important: HMNF BMP implementation specifications tier directly to “Michigan Department of Natural Resources and Michigan Department of Environmental Quality. 2009. Sustainable Soil and Water Quality Practices on Forest Land. IC4011. Revised 2/24/2009. 79.p.”. At the time of preparation, this document was available online at: http://www.michigan.gov/documents/dnr/IC4011_SustainableSoilAndWaterQualityPracticesOnForestLand_268417_7.pdf. The contractor will be responsible for attaining and understanding this document.

· The contractor shall provide expert planning and implementation of this monitoring protocol at each “Payment Unit” listed in Table 2 and shown in maps provided in Attachment 5. Note that maps and associated acreages were developed in GIS and associated errors are possible.

· One to several Forest Service personnel may accompany the Contractor to the field at the discretion of the HMNF Watershed Program Manager. Forest Service personnel, if available, would be able to assist with orientation (such as locating timber sales, landings, skid trails, etc.) and be available to answer questions in the field; but would not participate in the actual monitoring. This must be coordinated a minimum of 3 weeks in advance for each site to be visited. The contractor should not anticipate the assistance of Forest Service personnel but should be willing to accommodate field accompaniment by Forest Service personnel at the discretion of the HMNF Watershed Program Manager.

· BMP monitoring will be initial monitoring for both Implementation and Effectiveness

· For the various activities listed in INSTRUCTIONS FOR COMPLETING FORM ‘Veg A’ (refer to Attachments 1 and 2), the HMNF will provide, or assist with providing, responses for question numbers: 1, 2, 3, 5, 6, 8, 9a, 9b, 10, 11a, 11b, 11c, 12, 17, 18, 19, 20, 21, 22, 23, 26, 31, 32, 42, 43, 44. Responses to all other monitoring questions listed in the protocol will be the sole responsibility of the Contractor.

Task 2: BMP Implementation and Effectiveness Monitoring using SFI Protocol:

· The field form for this task is provided in Attachment 3. It is expected the contractor will read, understand, and be able to answer the monitoring questions in this field form. Important: HMNF BMP implementation specifications tier directly to “Michigan Department of Natural Resources and Michigan Department of Environmental Quality. 2009. Sustainable Soil and Water Quality Practices on Forest Land. IC4011. Revised 2/24/2009. 79.p.”. At the time of preparation, this document was available online at: http://www.michigan.gov/documents/dnr/IC4011_SustainableSoilAndWaterQualityPracticesOnForestLand_268417_7.pdf. The contractor will be responsible for attaining and understanding this document.

· This field form will be filled out in addition to requirements in Task 1. The contractor shall provide expert planning and implementation of this monitoring protocol on the same Payment Units as listed under Task 1 (see Table 2 and maps provided in Attachment 5). Note that maps and associated acreages were developed in GIS and associated errors are possible.

· Responses to all monitoring questions listed in the field form will be the sole responsibility of the Contractor.

Task 3: Implementation of Forest Soil Disturbance Monitoring Protocol (FSDMP).

· Evaluate compliance according to USFS manual direction (FSH 2509.18, see Attachment 4). The evaluation would consider the level of detrimental soil disturbance, ground cover, and indications of net loss of organic matter. Sampling would characterize the level of soil disturbance using the Forest Soil Disturbance Monitoring Protocol (FSDMP, see Attachment 4). It is expected the contractor will read, understand, and be able to implement the monitoring in accordance with these procedural documents (Attachment 4). Determinations would be made on the amount of detrimental soil condition for each site depending on adherence to soil standards (FSH 2509.18, provided in Attachment 4) and professional judgment. Journey level soil scientist expertise is required to evaluate the soil detrimental condition. Data would be gathered using random oriented transects and a 50 foot spacing between sampling points. Specific details of how transects are established, located, and oriented for each Payment Unit monitored shall be provided as an attachment to the final report. Each timber unit would have at least 30 sampling points. Total sampling would depend on variation encountered following the guidance in the FSDMP (USDA 2009) (Attachment 4); however, sample points would not exceed 100 points per timber unit. It is expected that the contractor will also follow the implementation guidelines provided in the following publication: “Napper, C., S. Howes, and D. Page-Dumbroese. Soil-Disturbance Field Guide. U.S. Forest Service. National Technology & Development Program. 0819 1815-SDTDC. 1940 Inventory & Monitoring. August 2009. 103p.” At the time of preparation, this document was available online at: http://www.fs.fed.us/t-d/pubs/pdf/08191815.pdf. The contractor will be responsible for attaining and understanding this document.

· The contractor shall provide expert planning and implementation of this monitoring protocol at each “Payment Unit” listed in Table 2 and shown in maps provided in Attachment 5. Note that maps and associated acreages were developed in GIS and associated errors are possible.

Task 4: Prepare and submit a report summarizing findings from Tasks 1-3 above

· The summary report will contain expert summarization of BMP and Soil Disturbance Monitoring findings that will facilitate overall understanding of the degree to which BMPs are being implemented, the degree to which such BMPs are effective, and the extent to which surface soil disturbance is occurring from timber management activities.

· The report will contain specific information with respect to location of key findings and be supported by photographs.

· Data tabulation of soil condition for 18 units (or total units inventoried) including type of soil disturbance, class percentage, detrimental soil disturbance percentage, groundcover percentage, and forest floor duff/litter depth estimate. Disturbance would be broken out by type including compaction, displacement, puddling/rutting, severe burning, and erosion.

· Identification of soil limitations for timber management

· Assessment of compliance to National Forest Management Act (1976) based on field indications, professional judgment and published references. NFMA states that management “…will not produce substantial and permanent impairment of the productivity of the land” (16 USC 1604(g)(3)(C) and “…insure that timber will be harvested from NFS lands only where soil, slope, or other watershed conditions will not be irreversibly damaged” (16 USC 1604(g)(3)(E)(i)).

· Summary field report

· Survey materials including database field forms, photos, references, and maps

Optional Task 5: Provide a per site (Payment Unit) cost estimate for implementation of Forest Soil Disturbance Monitoring protocol at additional Payment Units (beyond those required in Task 3).

· The HMNF may have available funding to pay for additional Forest Soil Disturbance Monitoring (beyond that described in Task 3). If the contractor wishes to provide the HMNF with a per site cost estimate for additional site monitoring, additional monitoring could be contracted at the Payment Units listed in Table 3 (maps are provided in Attachment 6). Note that maps and associated acreages were developed in GIS and associated errors are possible.

· Forest Soil Disturbance Monitoring at the additional Payment Units must be implemented the same as described under Task #3.

· Information from additional Forest Soil Disturbance Monitoring must be included in the summary report (i.e. Task 4).

Table 2: BMP and Soil Disturbance Monitoring Sites: Tasks #1, 2, and 3 will be implemented at each of these Payment Units. Maps provided in Attachment 5.

Table 3: Additional Soil Disturbance Monitoring Sites for Task #5: Maps with latitude and longitude for reference provided in Attachment 6.

Table 3 Continued: Additional Soil Disturbance Monitoring Sites for Task #5: Maps with latitude and longitude for reference provided in Attachment 6.

Table 3 Continued: Additional Soil Disturbance Monitoring Sites for Task #5: Maps with latitude and longitude for reference provided in Attachment 6.

The following Federal Acquisition Regulations (FAR) clauses and Agriculture Acquisition Regulations in their most current versions are applicable to this acquisition. Those that are incorporated by reference can be viewed in full text at https://www.acquisition.gov/far Contract Clauses 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Dec 2014) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

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

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

_X_ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (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.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.)

___ (35) (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.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658).

(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) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 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.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).

(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.

52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts. (Sep 2013)

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

(1) The product cannot be acquired—

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

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

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

(i) Spacecraft system and launch support equipment.

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

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

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

(1) Report to http://www.sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report not later than—

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

(ii) At the end of contract performance.

52.217-7 -- Option for Increased Quantity -- Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor at time of award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far.

(End of Clause) 52.232-23 -- Assignment of Claims (May 2014) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.242-17 -- Government Delay of Work. (Apr 1984) 52.243-1 Changes -- Fixed Price (Aug 1987) Alternate II 52.246-4 -- Inspection of Services -- Fixed-Price. (Aug. 1996) 452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award. The conference will be held at the Huron-Manistee National Forest Supervisor's Office, Cadillac, MI.

AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS Alternate 1 (Feb 2012).

(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted.

ATTACHMENTS

The following attachments are incorporated into the contract.

1. Forest Service BMP Sampling and Monitoring Instructions

2. Field form for Forest Service BMP Sampling and Monitoring

3. Field Form for BMP Monitoring Using SFI BMP Protocol

4. Forest Soil Disturbance Monitoring Protocol A: Forest Soil Disturbance Monitoring Protocol Vol. I B: Forest Soil Disturbance Monitoring Protocol Vol. II C: R9 Soil Quality Standards 250918-2005

5. Site Location Maps for BMP and Soil Disturbance Monitoring (Tasks #1 through #3)

6. Additional Site Location Maps for Soil Disturbance Monitoring (Item #5)

7. Wage Determination

SOLICITATION PROVISIONS

The following FAR provisions and Agriculture Acquisition Regulations apply to this solicitation. Those that are incorporated by reference can be viewed in full text at https://www.acquisition.gov/far 52.212-1 Instructions to Offerors -- Commercial Items. (Apr 2014) 52.212-1 Evaluation -- Commercial Items. (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The Government may issue an order to other than the lowest offeror, waive minor informalities or irregularities in offers received, or elect not to award at all. If necessary, the Government may conduct discussions with any or all offerors. It is in the offeror’s best interest to fully respond to the Experience Questionnaire since an order may be issued on the basis of information received, without further discussion.

Award will be made on a Best Value basis and offers shall at a minimum, contain the items described in this section. Each offer shall contain sufficient information to enable a thorough evaluation.

The following factors shall be used to evaluate offers:

Factor 2: Past Performance

Factor 3: Biobased Purchasing

Factor 4: Price

In accordance with FAR 15.304 price and overall cost to the Government, when combined, will be approximately equal to all other evaluation factors.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Mar 2015) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and…