ag67t0s140032.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

680667

2. CONTRACT NO.

RFQ AG-67T0-S-14-0032

6. SOLICITATION ISSUE

DATE

April 7, 2014

Brenda Oster Contracting Officer

b. TELEPHONE NUMBER (No collect calls) 605-673-9322

8. OFFER DUE DATE/

LOCAL TIME

April 30, 2014

USDA Forest Service Rocky Mountain Acquisition Service Team Northern Tier 1019 N. 5th Street Custer, SD 57730

|X| SMALL BUSINESS |_| WOMAN –OWNED SMALL BUSINESS (WOSB)

|_| HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM

|_| SERVICE DISABLE VETERAN- |_| EDWOSB-

VETERAN-OWNED SMALL

BUSINESS |_| 8(a)

NAICS Code 562111 Size Standard $12.5 million

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|X| SEE SCHEDULE

12. DISCOUNT TERMS

14. METHOD OF SOLICATION

|X| RFQ |_| IFB |_| RFP

See Block 9

17a. CONTRACTOR/ OFFERER

TELEPHONE NO. DUNS #____________________

FAX NO. TIN #_____________________

E-Mail Address: ________________________ 18a. PAYMENT WILL BE MADE BY

USDA, OCFO, COD, APB

PO Box 60075 New Orleans, LA 70160

|_| 17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT 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

Campground Garbage Removal – Shoshone National Forest

Submit Pricing on pages 3 and 4.

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. |X| 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

COPY 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 RFQ AG-05G1-S-12-00XX 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)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (Rev. 2/2012) Prescribed by GSA-FAR (48CFR 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Enter your prices on pages 3 through 4.

When submitting your quote, return pages 1 through 4 and pages 45 through 59.

Contractor must be registered in the System for Award Management (SAM) (www.sam.gov) to be eligible for award of this project.

Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an award is made.

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

CORRECTFOR

36. PAYMENT

|_| COMPLETE |_| PARTIAL

|_| FINAL

37. CHECK NUMBER

|_| PARTIAL

|_| FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

Non Discrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

AG-67T0-S-14-0032

Campground Garbage Removal Shoshone National Forest

AG-67T0-S-14-0032

Campground Garbage Removal

SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Clarks Fork Ranger District Base Year FY2014

Subtotal Base Year 2014

Wapiti Ranger District Base Year FY2014

Subtotal Base Year 2014

NEW --- Invoice Processing Platform

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 as prescribed in the previous communications from USDA and Treasury. 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.

AG-67T0-S-14-0032

Campground Garbage Removal

SCHEDULE OF ITEMS

Option Year 1 - FY2015

Subtotal Option Year 1 - FY2015

Option Year 1 - FY2015

Subtotal Option Year 1 - FY2015

Option Year 2 - FY2016

Subtotal Option Year 2 - FY2016

Option Year 2 - FY2016

Subtotal Option Year 2 - FY2016

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PROJECT WORK STATEMENT

Garbage Collection Specifications North Zone, Shoshone NF

Furnish all equipment, labor, supervision, transportation, operating supplies and incidentals necessary to perform GARBAGE COLLECTION on the Clarks Fork Ranger District and Wapiti Ranger District of the Shoshone National Forest.

DIVISION 100 - GENERAL INSTRUCTIONS

110 - Scope of Work. The Contractor shall empty Government-furnished containers on the Clarks Fork District and Wapiti District of the Shoshone National Forest and dispose of materials.

120 - Location and Description.

Clarks Fork District: Crandall Work Center has two (2) dumpsters (One at the shop and one at the barracks) and seventeen (17) dumpsters are located in campgrounds along WY highway 296 and US highway 212. (Number of dumpsters on the district may vary +/- 1). Site maps are attached. Contractor will be notified if the location or number of dumpsters at a site changes.

Collection Sites Number of Dumpsters/site

Wapiti District: There are three (3) dumpster located at the Wapiti Ranger Station and twenty (20) dumpsters in Campgrounds along the North Fork Hwy. (Number of dumpsters on the corridor may vary +/- 1). The North Fork corridor begins twenty-six miles west of Cody, Wyoming, on US Highway 14-16-20 and extends to the East Gate of Yellowstone National Park west of Cody. (See site location map attached). The Contractor will be notified if the location or number of dumpsters at a site changes.

Collection Sites Number of dumpsters/site

130 - Government-Furnished Property.

140 - Contractor-Furnished Equipment. The vehicle will be equipped to be compatible with government furnished bear resistant dumpsters. The vehicles used for hauling the ashes and garbage shall be so equipped and operated to prevent the escape of ashes and other debris while hauling from collection points to the dumping area. A fire extinguisher for use on Class A and B fires shall be carried in Contractor vehicle at all times. The contractor will have sprayers filled with disinfectant for spraying the insides of the dumpsters. The contractor will carry the government provided Forest Service keys with him. This will allow the contractor to access any dumpsters that may be locked or within a locked area.

150 - Work Schedule.

151 - Hours of Work. The work shall be performed between the hours of 7:00 a.m. and 8:00 p.m.

152 - Frequency of Work.

Clarks Fork District

Collect once a week on Wednesdays beginning last week in May through second week in June at:

Collect once a week on Wednesdays the third and fourth week in June at:

Collect once a week on Wednesdays beginning first week in July through first week in September at:

Collect once a week on Wednesday the second week in September at:

Collect at the Crandall Ranger Station on every trip to collect at campgrounds on the Clarks Fork District.

Total: 16 collections Wapiti District-North Fork Corridor

Collect once a week on Friday the third week in May at:

Collect once a week on Friday the fourth week in May and first week in June at:

Threemile Campground Total 2 collections Collect once a week on Friday beginning second week in June through the fourth week in June at:

Collect twice a week, Mondays and Fridays, beginning last week in June through Friday the last week in August at all campgrounds on the North Fork Hwy.

Total 18 collections Collect once a week on Friday the first week in September at all N. Fork Campgrounds.

Total 1 collection Collect once a week on Friday the second week of September at:

Collect one final collection either the third or fourth week in September (final date to be determined) at:

Collect at the Wapiti Ranger Station on every trip up the North Fork Corridor to collect at the campgrounds.

Total 27 collections

Wapiti District-South Fork

Collect every other week beginning the second week of June through the third week of September at:

The last collection must be completed by September 30th. The specific day of the week of collection may be negotiated between the FS and contractor. The final collection date must be flexible to meet the needs of the district and the work schedule of the contractor and may be required to be completed during the third or fourth week of September. A minimum of one week notice of the final pickup date will be given to the contractor.

Designated collection days that fall on a national holiday such as Memorial Day, Labor Day, or July 4th, may be changed by the Contractor with notification to the Contracting Officer Representative (COR) to the date following the holiday.

The number of collections specified may be reduced or increased by up to five, by the COR, depending on amount of garbage accumulated. Twenty-four hour notice will be given to the Contractor when such pickup is not needed or is necessary for a specific negotiated date. This will be credited or billed as appropriate according to the fixed price schedule in the contract.

153 - Incomplete Collections. The Forest Service is to be notified anytime collection is not completed on indicated collection dates.

160 – Pre-work Conference. A Pre-Work meeting will be scheduled prior to commencement of work to discuss the requirements of the job. Attendees will be the Contracting Officer (CO), the Contracting Officer Representative (COR) and the Contractor, members of his/her organization.

DIVISION 200 - TECHNICAL SPECIFICATIONS

210 - During collection, completely empty each dumpster unit that contains any garbage and sanitize the dumpster by spraying the entire inside of the unit with a general purpose disinfectant. Pick up all garbage and debris that may be deposited around the unit within a 10-foot radius. The dumpsters are awkward to handle. Depending on the method used to remove garbage from the dumpsters, two people may be necessary to prevent damage to dumpster lids.

220 - Return dumpster unit to its base and close lid. Secure to post with chain and lock as provided. Each dumpster should have two locks, one on each side.

230 - The trash and garbage shall be disposed of at a Federal and State approved sanitary landfill area. Any charge for use of landfill will be the responsibility of the Contractor.

260 – Conduct of Personnel

The contractor and his or her employees shall make every reasonable effort to prevent interference with the normal use and occupancy of recreational areas while engaged in the performance of the contract.

Due to the nature of the duties under the contract, the Contractor and his or her employees shall keep themselves and equipment presentable at all times. The Contracting Officer (CO) may, in writing, require the Contractor to remove from the work site any employee the CO deems incompetent, careless, discourteous to the public, or is otherwise objectionable, or for theft, possession and/or removal of materials, supplies, equipment or any Government owned property.

270 – Resource Damage

Any damage or defacement that is observed by the Contractor, prior to performance of their duties, shall be reported to the COR. Damage or defacement that occurs to government property or land resources during the Contractors operations shall be reported to the COR and repaired at the Contractor’s expense to its original condition. Onsite inspection will be made by the COR prior to the acceptance of work.

DIVISION 300 – INSPECTION AND ACCEPTANCE

310 – Inspection

All work shall be inspected by the Government for timelines of response to the work order and checked for compliance with the specification. The Government will notify the Contractor within 48 hours of any unacceptable of work. The Contractor will have 24 hours from the notification by the Government to correct all unacceptable work.

DIVISION 400 – Payment

410 – Payment

Please submit your monthly invoices through the Invoice Processing Platform (IPP).

SECTION D -- PACKAGING AND MARKING

{No clauses in this section.}

SECTION E -- INSPECTION AND ACCEPTANCE

52.252-1 Solicitation Provisions 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/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.246-1 Contractor Inspection Requirements (Apr 1984) 52.246-4 Inspection of Services -- Fixed-Price (Aug. 1996)

SECTION F -- DELIVERIES OR PERFORMANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from Notice To Proceed through September 30, 2016. This period includes the base year plus 2 option years.

SECTION G -- CONTRACT ADMINISTRATION DATA

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

The COTR's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The COTR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a mutually agreed upon location.

GOVERNMENT FURNISHED SUPPLIES AND PROPERTY

B. Keys (3) Keys shall be returned to the Contracting Officer's Representative (COR) prior to final payment.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

EMERGENCY CONTROL - FIRE PLAN

This plan outlines the channels of responsibilities for fire prevention and suppression activities and sets up an attack procedure in the event of a fire within the project area. The project area is defined as that area within the National Forest and within one-tenth mile of the project right-of-way, work areas, and all roads used for construction purposes. The Interagency Fire Dispatch Center will be contacted in the event of any fire in or near the project area(s) (1-800-295-9954).

A. Tools and Equipment

1. Tools.

B. General Provisions

1. Fire Prevention

serviceable arresting devices that meet Forest Service Standard 5100-1, Spark Arrestors for Internal Combustion Engines. Information in this standard will be furnished upon request.

NOXIOUS WEEDS

The Contractor shall make all equipment intended for use on this project available for inspection by the CO prior to entering the Shoshone National Forest. If the Engineer determines that the equipment could be carrying potentially noxious weed seeds, the Contractor shall thoroughly wash the equipment. This equipment washing shall be conducted at a site owned or leased by the contractor or a commercial site designated for this work, outside the Shoshone National Forest.

SAFETY PLAN

(a) The Contractor shall provide a copy of their safety plan at the pre-work meeting.

(b) The Safety Plan should be available to all employees and subcontractors working on the contract.

(c) The Safety Plan should cover at a minimum:

i. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract

ii. Personal Protective Equipment required for the work under the contract

iii. Appropriate OSHA requirements for the type of work under the contract

iv. Weather considerations for the time of year of the contract.

v. Communication issues and locations of the nearest medical facilities to the job site.

vi. Emergency numbers to contact if an accident happens.

United States Department of Agriculture Forest Service Rocky Mountain Region—Shoshone National Forest Intermountain Region—Bridger-Teton National Forest

OCCUPANCY AND USE RESTRICTIONS

For the purpose of minimizing adverse interactions between bears and humans and pursuant to Title 36 Code of Federal Regulations (CFR), 261.50 (a) and (b), the following uses are restricted in those areas of the Shoshone National Forest and the Bridger-Teton National Forest as shown on the attached map (Exhibit B) and hereby made part of this Order. Also attached, and hereby made part of this Order, are Definitions (Exhibit A) of terms used in support of the restrictions. This Order is effective March 1 through December 1, annually, until rescinded.

1. Possessing or storing any food or refuse, as specified in the Order (36 CFR 261.58 (cc).

2. Possessing, storing, or transporting any bird, fish, or other animal, or parts thereof, as specified in the Order (36 CFR 261.58 (s).

3. Camping as specified in the Order (36 CFR 261.58 (e).

UNDER THIS ORDER IT IS REQUIRED THAT

1. All food and refuse must be acceptably stored or acceptably possessed during daytime hours.

2. All food and refuse must be acceptably stored during nighttime hours, unless it is being prepared for eating, being eaten, being transported, or being prepared for acceptable storage.

3. Any harvested animal carcass must be acceptably stored, unless the carcass is being field dressed, transported, being prepared for eating, or being prepared for acceptable storage.

4. Camping or sleeping areas must be established at least ½ mile from a known animal carcass or at least 100 yards from an acceptably stored animal carcass.

EXEMPTIONS

Pursuant to 36 CFR 261.50 (e) the following persons are exempt from this Order:

1. Persons with a permit issued by the Forest Supervisor specifically exempting them from the effect of this Order.

2. Persons in the act of placing black bear baits for the lawful purpose of hunting black bears under state law and regulation.

3. Any Federal or State officer placing baits to capture animals for research or management purposes as part of their official duties.

These restrictions are in addition to the general prohibitions in 36 CFR Part 261, Subpart A. This Order supersedes any previous Order prohibiting or restricting the same, or similar, acts in the above-described areas.

Done this day _12_ of _December, 2003.

RICK CABLES

Regional Forester Rocky Mountain Region

JACK TROYER

Regional Forester Intermountain Region

Any violation of these prohibitions is punishable by a fine of not more than $5,000.00 for an individual or $10,000.00 for an organization, and/or imprisonment for not more than six (6) months, or both (Title 16 USC 551, Title 18 USC 3571 (b)(6), Title 18 USC 3581 (b)(7)).

Exhibit A Occupancy and Use Order No. 04-00-104 Special Order—Food Storage and Sanitation Definitions

“Food and Refuse” means any substance, solid or liquid (excluding water, baled hay, or hay cubes without additives) or refuse, which is or may be eaten or otherwise taken into the body to sustain health or life, provide energy, or promote growth of any person or animal. Also includes items such as soft drinks, alcoholic beverages, canned foods, pet foods, processed livestock feed and grains, personal hygiene products, and empty food and beverage containers.

“Animal carcass” means the dead body or parts thereof, of any harvested mammal, bird, or fish, including the head or skull plate with antlers or horns and hide or cape of big game animals and any domestic livestock that may be found in the restricted area. Packaged or prepared animal carcass products transported into the restricted area for consumption, game birds, small mammals, or fish harvested for consumption in the restricted area are considered food under the previous definition.

“Acceptably stored” means:

Stored in bear-resistant container certified through the Interagency Grizzly Bear Committee Courtesy Inspection Program. A container may be certified by the local district ranger or their designated representative(s) if it meets the IGBC criteria, or Stored in a closed vehicle where the storage compartment is constructed of solid, non-pliable material that, when secured, will have no openings, hinges, lids, or coverings that would allow a bear to gain entry by breaking, bending, tearing, biting, or pulling with its claws (any windows in the vehicle must be closed), or Suspended at least 10 feet clear of the ground at all points and four feet horizontally from any supporting tree or pole, or Stored within a hard-sided residence, building, or storage container subject to the terms and conditions of a special-use authorization or operating plan, or Stored by other methods approved in a permit issued by the forest supervisor responsible for the area where the method is proposed for use.

For animal carcasses: stored as per 3. a-e when located from 100 yards to ½ mile of a camping or sleeping area or within 200 yards of a National Forest System Trail. Animal carcasses are not considered acceptably stored when within 100 yards of a camping or sleeping area or National Forest System Trail. Animal carcasses more than ½ mile from a camping area or sleeping area and more than 200 yards from a National Forest System Trail may be left on the ground.

Animal carcasses killed or harvested (and parts thereof) within ½ mile of any established camping area or sleeping area must be acceptably stored, possessed, or moved to a distance beyond ½ mile from any such camp or sleeping area by the party(-ies) responsible for killing or harvesting such mammal.

“Acceptably possessed” means:

Possessed or attended during daytime by a person(s) that is physically present within 100 feet and direct sight of the accessible food, or

Possessed or attended by such a person(s) for the purpose of field dressing lawfully taken animal carcasses, transporting any food or animal carcass, preparing any animal carcass or food for eating, or eating any food.

“Camping/sleeping area” means National Forest System Lands temporarily used for the purpose of overnight occupancy without a permanently fixed structure or lands temporarily occupied by unattended camping equipment.

“Daytime” means ½ hour before sunrise to ½ hour after sunset, Mountain Time.

“Night time” means ½ hour after sunset to ½ hour before sunrise, Mountain Time.

“National Forest System Trail” means a trail wholly or partly within, or adjacent to, and serving a part of the National Forest System and which has been included in a forest recreation map.

Exhibit B Occupancy and Use Order No. 04-00-104 Special Order—Food Storage and Sanitation Area of Application

WESTERN BOUNDARY: North from Alpine along divide of Snake River Range from Dry Gulch to Ferry Peak summit, along top of divide to Deadhorse Peak and north along Targhee-Bridger-Teton Forest boundary.

SOUTHERN BOUNDARY: The expanded food storage boundary on the Bridger-Teton National Forest begins on the southwest at the south side of the confluence of the Snake and Greys Rivers. It then runs east and north along the Snake River corridor, including that area ½ mile south and east of the river itself, to the junction with the Hoback River. At Hoback Junction the area covered by the food storage order runs east along the Hoback River corridor, also including that area up to ½ mile south of the river, to where the Hoback River leaves U.S. 189/191. From there the food storage order applies north of the U.S.189/191 corridor, also including that area up to ½ mile south of the highway and running east to the Forest boundary in T37N, R111W, Section 32 (The Rim). From there the boundary runs northeast along the Forest boundary to the Green River, then southeast along the Forest boundary to Boulder Creek, then east and north along the south side of Boulder Creek to Pipestone Creek, then north along the south side of Pipestone Creek to Lake Prue, then northeast along the south side of Europe Canyon to the Continental Divide.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FAR 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications)

(b) Representations and other instructions

(c) Contract clauses

(d) Other Documents, exhibits, and attachments

(e) The Specifications

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (SEP 2013)

ADDENDUM TO FAR 52.212-4

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

0. Stop Work Order (AUG 1989)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

NEW --- Invoice Processing Platform NOTE: The paragraph below replaces the paper invoice copies requirement referenced on FAR 52.212-4 (g) invoices.

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 as prescribed in the previous communications from USDA and Treasury. 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.

52.217-8 Option to Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)

Funds are not presently available for performance under this contract. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 09/30/2014, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

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

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

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

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

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

FAR 52.246-20 Warranty of Services (MAY 2001)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance by the Government or other specified event whose occurrence will terminate the period of notice, or combination of any applicable events or period of time. This notice shall state either--

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

(End of clause)

FAR 52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any 48 CFR CHAPTER 1 clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

AGAR 452.237-75 Restrictions against disclosure (Feb 1988)

452.237-74 Key Personnel (FEB 1988)

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

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

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

FAR 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS (FEB 2012) ALTERNATE I (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 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.

END OF ADDENDUM TO 52.212-4

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)

A. The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award.

B. The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

C. The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

D. On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR.