AG-87BJ-S-12-0003.pdf

AG-87BJ-S-12-0003

Proper Functioning Condition Survey Medora Ranger District

SECTION B - SERVICE PRICES 2

SECTION C - DESCRIPTION/SPECIFICATIONS 3

452.211-72 Statement of Work/Specifications. (FEB 1988) 6 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988) 6

SECTION E - INSPECTION AND ACCEPTANCE 7

SECTION F - DELIVERIES OR PERFORMANCE 7

452.211-74 Period of Performance. (FEB 1988) 7

SECTION G - CONTRACT ADMINISTRATION DATA 8

SECTION H - SPECIAL CONTRACT REQUIREMENTS 8

452.236-72 Use of Premises. (NOV 1996) 8 452.236-77 Emergency Response. (NOV 1996) 8 452.237-74 Key Personnel. (FEB 1988) 9

SECTION I - CONTRACT CLAUSES

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (FEB 2012) 9 452.219-70 Size Standard and NAICS Code Information. (SEP 2001) 17 452.228-71 Insurance Coverage. (NOV 1996) 17

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 17

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER 18

STATEMENTS OF QUOTE

52.212-3 Offeror Representations and Certifications-Commercial Items. (FEB 2012) 19

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS 30

52.216-1 Type of Contract. (APR 1984) 30 52.237-1 Site Visit. (APR 1984) 30 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 30

SECTION M - EVALUATION FACTORS FOR AWARD 31

Medora Ranger District

SECTION B - SERVICE PRICES

Proper Functioning Condition Surveys

Dakota Prairie National Grasslands

Billings, Golden Valley and Slope Counties, ND

B.1 – SCHEDULE OF ITEMS:

ITEM

NO.

DESCRIPTION

PAY

UNIT

QTY. UNIT

PRICE

TOTAL

PRICE

1 PFC Survey Services to include all personnel, equipment, materials, services, references, forms and facilities to perform the Statement of

Work.

LS 1

2 Draft Report on or before November 30, LS 1

3 Final Report on or before January31, LS

TOTAL QUOTE: ________________

B.2 - NOTE:

The quoter shall quote on all items. Round to the nearest cent.

In the event of a math error in extending prices, the unit price shall govern.

Medora Ranger District

SECTION C - DESCRIPTION/SPECIFICATIONS

STATEMENT OF WORK

The contractor will conduct “Proper Functioning Condition” (PFC) surveys on intermittent and perennial streams on USFS property in summer and autumn 2012-2013. The project area is defined as National

Forest System lands designated as the Medora District of the Little Missouri National Grassland in

Billings, Golden Valley, and Slope counties, North Dakota.

Field work is to begin by August 1, 2012 and finish by October 31, 2013. A final report will be written as requested in Report Requirements. The final report and other deliverables are due by January 31, 2014.

LOCATIONS

PFC surveys will be conducted on up to 450 linear miles of intermittent and perennial streams, excluding the streams found in the 101102050102 (Magpie Creek), 101102050101 (Scairt Woman Draw), 101102030409 (Lower Deep Creek), 101102030407 (Upper Deep Creek), and the 101102030404 (Upper

West Fork Deep Creek) 6th code HUC (see figure 1 for a map of streams to be surveyed). All stream reaches are within the Little Missouri National Grasslands – Medora Ranger District.

INVESTIGATIVE PURPOSE

This survey’s purpose is to monitor changes in riparian conditions on intermittent and perennial streams on the Medora Ranger District, as described in the Locations section above. These data will be used to help direct livestock management, prescribed burning, and watershed-habitat enhancement projects in future years.

PROJECTED PRODUCTIVITY

A two-person team of contractors performed similar work in 2010-2011on the Grand River National

Grassland, covering 142 linear miles, in 25 field days. Additional time was needed for planning, traveling, and report writing.

Forest Service personnel performed similar work in 2004 on the Cedar River National Grassland, covering 5 stream wetland-riparian areas consisting of 9 linear miles, in 2-3 field days. Additional time was needed for planning, traveling, and report writing. These facts are supplied solely as an informational aid to potential contractors.

FIELD SURVEYS

The field season for the PFC surveys is defined as the period from August 1 through October 31, 2013.

The USDA Forest Service does not control access to private lands, and no right of access to private lands is hereby given, nor should a right to access private lands be inferred.

CONTRACTOR QUALIFICATIONS

The offeror shall submit a resume and the experience questionnaire of his/her professional qualifications and the qualifications of any other person(s) employed to accomplish the Statement of Work. The offeror’s statement should include information concerning appropriate academic degrees, training and experience in PFC condition surveys. The following requirements will be used to help evaluate offers.

• B.S., M.S. or Ph.D. in geology, soil science, hydrology, zoology, biology, range science, or related field experience.

SURVEY REQUIREMENTS

• Surveys will be conducted by a team (of at least 2 people) walking the entire length of selected riparian areas. Team members will be journey-level resource specialists with expertise in biology, botany, hydrology, and soils.

• Contractor will classify each stream segment using Proper Functioning Condition (PFC) protocol (see TR 1737-9 1993 Riparian Area Management “Process for Assessing Proper Functioning

Condition”, and TR 1737-15 1998 Riparian Area Management “A User Guide to Assessing

Proper Functioning Condition and the Supporting Science for Lotic Areas.”). These sources may be accessed online: http://www.blm.gov/nstc/library/techref.htm

• PFC survey reaches will be recorded in an ArcMap compatible shapefile, with attributes noting the survey date, ID Team members, Riparian Area ID, Reach ID, PFC rating, Reach Length, and starting and ending point of each stream segment.

• Contractor will record all cold water seeps, ground water discharges or springs, and stream segment start and stop points, using GPS technology and provide these in an ArcMap compatible shapefile with attributes noting the date, Riparian Area ID, Reach ID, and Feature Description.

• Contractor will record all photo points using GPS technology and provide these in an ArcMap compatible shapefile, with attributes noting the photo date, photo ID, Riparian Area ID, Reach ID, and Upstream or Downstream direction.

• The contractor will classify each selected stream for the following variables, if variables vary substantially by stream reach within a given system, the contractor will note and discuss such variability:

o instream cover: the relative quantity and variety of natural instream structures, such as fallen trees, logs, branches, large rocks and undercut banks that are available for refugia, feeding, or spawning of fish. (Note: the most common instream cover in the study area is likely to be undercut banks). Classifications will include: “optimal” – such habitat is available along more than 50% of the stream’s length; “sub-optimal”: - such habitat is

Medora Ranger District available along 31-50% of the stream’s length; “marginal” – such habitat is available along 11-30% of the o o stream’s length; “poor” – such habitat is available along less than 11% of the stream’s length.

o embeddedness: the extent to which rocks (gravel, cobble, boulders) are covered or sunken into the silt, sand, or mud of the stream bottom. (Note: many of the selected streams in the study area will not have gravel, cobble, or boulder bottoms. This variable would only be relevant where such substrate is found.). Classifications will include:

“optimal” -gravel, cobble, and boulder particles are between 0-25% surrounded by fine sediment; “sub-optimal” – gravel, cobble, or boulder particles are 26- 50% surrounded by fine sediment; “marginal” – gravel, cobble, or boulder particles are 51-75% surrounded by fine sediment; “poor” – gravel, cobble, or boulder particles are more than 75% surrounded by fine sediment.

o stream bank conditions: the extent to which erosion is occurring, or has the potential to occur. Steep banks are more likely to collapse and suffer from erosion and are therefore considered unstable. Signs of erosion include crumbling, unvegetated banks, exposed tree roots, cattle trails, and exposed soil. Classifications will include: “optimal” – banks stable, no evidence of erosion or bank failure; “sub-optimal” – banks moderately stable, infrequent small areas of erosion mostly healed over; “marginal” moderately unstable, up to 50% of banks have areas of erosion, “poor” unstable, many eroded areas, “raw” areas frequent, 51-100% of the bank has erosional scars.

o bank vegetative conditions: the amount of the stream bank that is covered by vegetation. Classifications will include: “optimal” – more than 90% of the stream bank is covered with vegetation; “sub-optimal” – 71-90% of the stream bank is covered with vegetation: “marginal” – 51-70% of the stream bank is covered with vegetation; “poor” – less than 50% of the stream bank is covered with vegetation.

o extent of grazing pressure: the extent of grazing impacts and its effect on streamside vegetation and instream pools. Classifications will include: “optimal” – disruption from cattle grazing is minimal or not evident, almost all plants are allowed to grow naturally, little evidence of manure accumulation, little trampling near instream pools; “sub-optimal” – disruption from cattle grazing is evident but is not affecting plant species composition and has only moderate impacts on stubble height, only scattered manure present, instream pools are being used by cattle but are not significantly impacted:

“marginal” – disruption from cattle grazing is obvious, patches of bare soil or closely cropped vegetation area common, only 50-25% of the potential stubble height is remaining, grazing is affecting plant species composition, manure accumulation is common, cattle are using instream pools and are having significant impacts on pool vegetation and water quality; “poor” – disruption from grazing of stream bank vegetation is very high, patches of bare soil or closely cropped vegetation area common, less than 25% of the potential stubble height is remaining, grazing is affecting plant species composition, manure accumulation is very high, cattle are using instream pools and are having severe impacts on pool vegetation and water quality.

• GPS data must be accurate to within 1 meter and be compatible with Trimbel GPS products. All GPS information will be collected in 3D mode, with a PDOP value of no greater than 6. Collect a

Medora Ranger District minimum of 36 positions @ 5 second logging intervals. Data dictionaries that allow sufficient data entry must be used.

REPORT REQUIREMENTS

After the field season start date, the contractor shall provide bi-weekly reports in the form of e-mail addressed to the Contracting Officer Representative and District Contact. At a minimum, these bi-weekly reports shall include a description of where, how, and when PFC surveys were conducted and any problems encountered.

By November 30, 2013, the contractor shall submit to the Contracting Officer Representative (COR) a draft report for review. The Forest Service shall return comments on the draft report by December 31, 2013. The contractor will submit his/her final report in both hard copy and electronic format (MS Word), by January 31, 2014. At a minimum, the draft and final reports shall contain:

• An introduction summarizing the purpose of this project.

• A description of the survey areas, methods, and techniques used. A results section giving the location (in both UTM coordinates and legal description) of each stream segment start and end points; PFC rating, and notes justifying that rating.

• A discussion section comparing existing and historical PFC data for each stream segment.

• Maps (USGS 7.5 degree topographic quads or acceptable alternatives) indicating PFC ratings and Reach IDs.

• Photos of stream segments used to illustrate ratings or show specific issues related to riparian resources.

• An appendix containing a copy of field notes, PFC survey sheets, and ratings of instream cover, embeddedness, stream bank conditions, bank vegetative conditions, and extent of grazing pressure.

OTHER DELIVERABLES

• Shapefiles of PFC surveyed reaches, springs, seeps, groundwater discharge points, and photo points, with attributes populated and projection noted.

• The following digital data is to be provided on CD or DVD: Field data files, differentially corrected files, final GIS layers, digital photos, final report, and maps.

• Two paper copies of the final report and maps indicating PFC ratings will be provided.

Upon completion of an individual task order, the contractor shall submit all data to the COR/Inspector. If deficiencies are found, all data will be returned for corrections.

The final report shall meet professional standards and shall be subject to review by the COR. If the report does not meet professional standards, the contractor may be required to edit or resubmit his/her final report.

Medora Ranger District

METHOD OF PAYMENT

Three equal-sized payments will be made. First payment will be made after completion of Field Surveys.

Second payment will be made after completion of Draft Report. Final payment will be issued after the

Final Report is accepted.

452.211-72 Statement of Work/Specifications. (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section C.

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION E - INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES:

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-4 Inspection of Service – Fixed Price (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES:

52.242-15 Stop Work Order 9AUG 1989)

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from August 1, 2012 through January 31, 2014.

Medora Ranger District

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 Government Furnished Property and Services

The Government will supply a paper copy of the Visitors Map and a set of USGS topographic maps. The

Government has designated the streams to be surveyed and will provide a shapefile (Table 1). The

Government will authorize a permit for off-road vehicle use. The contactor shall provide the necessary personnel, equipment (including vehicles), materials, services, references, forms, and facilities to perform the Statement of Work

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful contractor will be scheduled prior to issuance of the Notice to Proceed. Time and location of conference will be specified at a later date and time.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

AGRICULTURAL ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES:

H.1 – WEED FREE EQUIPMENT

All equipment, material, and vehicles to be used in the performance of the contract shall be cleaned and inspected for noxious weeds /seeds prior to entrance onto Federal lands. Inspection times/locations will be coordinated at the post award conference.

452.236-72 Use of Premises. (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

Medora Ranger District

452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

452.237-74 Key Personnel. (FEB 1988)

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

(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.

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.acquisition.gov/far and the Agricultural Acquisition Regulations – www.usda.gov/procurement/policy/agar.html

FAR 52.212-4 Contract Terms and Conditions – Commercial Item (OCT 2008)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -

Commercial Items. (FEB 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

X Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[ ](2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

[ ](4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

Medora Ranger District

[ ](5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (JUL 2010) (Pub. L. 111-5).

X (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C.

6101 note).

X (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2012) (41 U.S.C. 2313).

[ ](8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161)

[ ](9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[ ](10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ](11) (Reserved)

[ ](12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C.

644).

X(ii) Alternate I (NOV 2011).

[ ](iii) Alternate II (NOV 2011).

[ ](13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C.

644).

[ ](ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ ](14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)).

[ ](15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C.

637(d)(4).

[ ](ii) Alternate I (OCT 2001) of 52.219-9.

[ ](iii) Alternate II (OCT 2001) of 52.219-9.

[ ](iv) Alternate III (JUL 2010) of 52.219-9.

[ ](16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[ ](17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

Medora Ranger District

[ ](18) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[ ](19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323)(if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

[ ](ii) Alternate I (JUN 2003) of 52.219-23.

[ ](20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ](21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ](22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

X (23) 52.219-28, Post Award Small Business Program Re-representation (APR 2009) (15 U.S.C. 632(a)(2)).

The contractor represents that it ____ is, ____ is not a small business concern under

NAICS code 541360 assigned to contract number _______________.

Contractor Signature Date

Printed Name Contractors Title

[ ](24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (NOV 2011).

[ ](25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (NOV 2011).

[ ](26) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).

X (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

Medora Ranger District

X (29) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

X (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[ ](31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

X (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

X (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[ ](34) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ](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) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ](37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

[ ](ii) Alternate I (DEC 2007) of 52.223-16.

X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011). (E.O. 13513).

[ ](39) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).

X (40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110- 138).

X (ii) Alternate I (JAN 2004) of 52.225-3.

[ ](iii) Alternate II (JAN 2004) of 52.225-3.

[ ](41) 52.225-5, Trade Agreements (NOV 2011) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

[ ](42) 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

Medora Ranger District

Department of the Treasury).

[ ](43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ](44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

[ ](45) 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)).

[ ](46) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

X (47) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

[ ](48) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

[ ](49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

[ ](50) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ](51)(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.)

[ ](1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

X (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.)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class Monetary Wage--Fringe Benefits

Medora Ranger District

30090 $23.25 + $3.59/hr. North Dakota

Wage Determination No: 2005-2407

Revision No: 11

Date Of Revision: 06/13/2011

See website below for actual determination:

http://www.wdol.gov/sca.aspx#4

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ](4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ](5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

[ ](6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[ ](7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).

[ ] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require

Medora Ranger District the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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) (Reserved)

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

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C.

7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

Medora Ranger District

452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate

Applicants ALT 1 (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 is –

(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 and 434.

452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All

- NAICS Code 541360

- Size Standard $4.5 Million

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

Medora Ranger District 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.

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J-1 Vicinity Map 1 Page

J-2 Experience Questionnaire 2 pages

J-3 Checklist s and Forms 5 Pages

All documents listed here are attached separately.

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

QUOTERS

52.212-3 Offeror Representations and Certifications-Commercial Items. (FEB 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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

Medora Ranger District 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.

"Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except-

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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"--

Medora Ranger District

(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.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) 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 veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), 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.

Medora Ranger District

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications

______electronically via the ORCA website accessed through https://www.acquisition.gov.

After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ________ (Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.)

OR

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ___ is, ___ is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ___ is, ___ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.)

The offeror represents as part of its offer that it ___ is, ___ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ___ is, ___ is not a small disadvantaged business concern as defined in

13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is, ___ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. (Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.) The offeror represents that-

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: .] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. (Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in

Medora Ranger District

(c)(6) of this provision.) The offeror represents that-

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: [______].