AG-9A28-S-09-0035.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 44

Offeror to complete blocks 12, 17, 23, 24, & 30

2. CONTRACT NO. 3. AWARD/

EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION

ISSUE DATE

AG-9A28-S-09-0035 04/02/2009

7. FOR SOLICITATION

a. NAME b. TELEPHONE (No Collect Calls) 8. OFFER DUE

DATE/ 05/04/2009

INFORMATION CALL ⇒ PJ Vilhauer 530-226-2454 1630 hrs

9. ISSUED BY (MAIL OFFERS TO) CODE 11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED.

12. DISCOUNT

TERMS

SEE SCHEDULE

13a. THIS CONTRACT IS A RATED

ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

Northern Province Acquisitions 3644 Avtech Parkway Redding, CA 96002

10. THIS ACQUISITION IS

UNRESTRICTED

SET-ASIDE. 100% FOR

SMALL BUSINESS,

HUBZONE SMALL

BUSINESS

8(A)

SOLE SOURCE

NAICS: 115310

SIZE STANDARD: $7 million

RFQ IFB RFP

15. DELIVER TO: CODE 16. ADMINISTERED BY CODE

Same as Block 9

17a.

CONTRACTOR/OFFEROR

CAGE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA National Finance Center PO Box 60075 New Orleans LA 70160

TELEPHONE: TIN: 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

IS CHECKED: SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

CSE, LAYOUT, MARK, & CRUISE & GPS

Northern Province

(Mendocino, Six Rivers, Shasta-Trinity, and Klamath NFs)

Section B

**001 Stand Exam Data Collection (CSE) 8,000 Plots estimated **002 Layout 4,000 Acres estimated **003 Boundaries Designations 13,000 Miles estimated **004 Cruise Designs 20 Each estimated **005 Timber Marking 28,000 Acres estimated **006 Timber Cruising 15,000 Acres estimated

**007 Area Determination 13,000 Miles estimated

**SEE PAGE 2--These Items do not require pricing.

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For

Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 and ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 AND ADDENDA ARE ARE NOT ATTACHED.

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ORIGINAL 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: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED

(BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING

OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR

PRINT)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER 31c. DATE

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 4/2002) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA � FAR (48 CFR) 53.212

ADDENDA SHEET

NORTHERN PROVINCE PROFESSIONAL

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19. ITEM NO 20. SCHEDULE OF SUPPLIES/SERVICES 21. QTY 22. UNIT 23. UNIT PRICE 24. AMOUNT

Section B cont:

The above pay items will not be pre-priced. All Task Orders issued will be competed amongst all contract holders to allow for the maximum pricing flexibility possible. In addition, the ordering period for this contract does not expire until five years after the date of award. Work may continue for up to six additional months after the expiration date in order to complete work awarded prior to the expiration date.

The pricing proposed on the tasks orders that are part of this solicitation will be used in determining contract awards. These task orders are real, and will be awarded to successful offerors at time of contract award.

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $10,000 per contract holder, but not in excess of $1,000,000.00 per contract holder.

The Service Contract Act applies and the appropriate Wage Determination will be clearly specified on each Task Order.

It is anticipated that three to five awards will be made from this solicitation and that the total cumulative amount for all task orders will not exceed a maximum of $4.99 million.

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________

32b. SIGNATURE OF AUTHORIZED GOVT.

REPRESENTATIVE

32c. DATE 32.d PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32.e MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32.f TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32.g E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

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

STANDARD FORM 1449 (REV. 4/2002) BACK

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OF

Continuation of SF1449

Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

TABLE OF CONTENTS

SECTION A – SOLICITATION/CONTRACT/ORDER, SF 1449

SECTION B – SCHEDULE OF SERVICES/ ESTIMATED QUANTITIES/APPLICABLE INFORMATION

SECTION C – CONTRACT CLAUSES

• CONTRACT TERMS AND CONDITONS-COMMERICAL ITEMS (FEB 2007)

• PERMITS AND RESPONSIBILITIES (FAR 52-236-7)

• ACCIDENT PREVENTION (FAR 42-236-13)

• POST AWARD CONFERENCE (AGAR 452-215-73)

• ORDERING (FAR 52.216-18)

• ORDER LIMITATION (FAR 52.216-19)

• INDEFINITE QUANTITY (FAR 52.216.22)

• TASK ORDER PROCEDURES

• SAFETY

• LANDSCAPE PRESERVATION

• USE OF PREMISES (AGAR 452.236-72)

• ARCHAEOLOGICAL OR HISTORICAL SITES (AGAR 452.236-73)

• CONTROL OF EROSION, SEDIMENTATIOIN, AND POLLUTION (AGAR 452-236-74)

• EMERGENCY RESPONSE (AGAR 452-236-77)

• KEY PERSONNEL (AGAR 452-237-74)

• DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

• GOVERNMENT-FURNISHED PROPERTY

• APPROVAL OF SUBCONTRACTING

• CERTIFICATION OF COMPLIANCE

• MOTORIZED EQUIPMENT

• CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERICAL ITEMS (FAR 52.212-5)

SECTION D – CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

• SCOPE OF WORK AND LOCATION

• STAND EXAM DATA COLLECTION

• DATA COLLECTION LEVELS

• LAYOUT

• BOUNDARIES DESIGNATIONS

• CRUISE DESIGNS

• TIMBEER MARKING

• PAIN,ISSUANCE AND ACCOUNTABILITY

• TIMBER CRUISING

• AREA DETERMINATION

• MEASURABLE PERFORMANCE STANDARDS

QUALITY CONTROL PLAN

GOVEERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN AND ACCEPTANCE

REQUIREMENTS

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INSPECTION PROCEDURES

• UNSATISFACTORY WORK

• RE-EXAMINATION UPON CONTRACTOR’S REQUEST

• RE-INSPECTION AFTER REWORK

• ACCEPTANCE

• ATTACHMENTS

SECTION E – SOLICITATION PROVISIONS

• INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FAR 52.212-1)

• EVALUATION – COMMERCIAL ITEMS (FAR 52.212-2)

• OFFEROR REPRESENTATIONS AND CERTIFICATIONSCOMMERCIAL ITEMS (ORCA) (FAR

52.212-3)

SECTION C: CONTRACT CLAUSES

FAR 52.212-4, Contract Terms And Conditions—Commercial Items (OCT 2008)

ADDENDUM TO FAR 52.212-4

The following clauses are hereby incorporated by reference or full text as appropriate:

FAR 52.236-7 Permits And Responsibilities (NOV 1991) FAR 52.236-13 Accident Prevention (NOV 1991)

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

(a) A post award conference with the successful offerors is required. It will be scheduled within 20 days after the date of contract award. The conference will be held at: Shasta- Trinity National Forest Supervisors Office unless otherwise changed by mutual agreement.

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of award through through five calendar years.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under this contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $1,000,000.00 ;

(2) Any order for a combination of items in excess of $1,000,000.00 ; or

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(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractors shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, these supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Delivery-Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided that the Contractor shall not be required to make any deliveries under the contract after 31 December 2014.

TASK ORDER PROCEDURES

This clause defines the process by which Fair Opportunity for Award will be afforded; Task Orders (TO) will be processed and priced; and a TO will be awarded. Additionally, it defines the role of Ombudsman at the USDA Forest Service’s Washington Office.

Please Note: Careful attention should be paid to those areas in which the procedures/processes/ provisions changes due to use of a different contract type/pricing methodology.

(a) FAIR OPPORTUNITY TO BE CONSIDERED:

1. One or more Task Orders (TOs) may be issued during the performance period of this contract. The Contracting Officer's (CO) decision to issue an order to particular awardees shall be based on the criteria stated below. In accordance with the Federal Acquisition Streamlining Act (FASA) and FAR 16.505(b), the

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CO will give each awardee a "fair opportunity" to be considered for each order in excess of $2,500 unless one of the conditions in paragraph (2) below applies.

2. Exceptions to Fair Opportunity for Consideration: Awardees will not be given a fair opportunity to be considered for requirements which are expected to exceed $2,500 when the Contracting Officer determines one of the following conditions apply:

A. The agency need for the services is so urgent that providing such opportunity would result in unacceptable delays;

B. Only one such awardee is capable of providing such services required at the level of quality required because the services ordered are unique or highly specialized;

C. The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to a task order already issued under the contract, provided that all awardees were given fair opportunity to be considered for the original order; or

D. It is necessary to place an order to satisfy a minimum guarantee.

(b) Selection Criteria For Awarding Task Order.

The Government will evaluate the task order offers against the following selection criteria: (a) relevant past performance on completed task order, (b )availability, and (3) price where, when combined, all non-price factors are less important than price.

Evaluation of past performance will be based on each awardees original past performance data until such a time that they have completed at least two tasks. Then the original contract offer will be disregarded for current performance reports received on task orders performed under this contract. In addition, individual task order selection criteria may include other factor(s) relevant to the particular task order. The order of importance for the factors will be identified on each individual requirement.

(c) Offer Process

1. A warranted Contracting Officer within the Northern Province must issue any task order exceeding $2,500.00. The Contracting Officer will issue a TO quote request to all contractors. The TO quote request will include a due date for offer submission and a Statement of Work (SOW) which includes a detailed description of work to be accomplished, a listing of the deliverables required, and additional data as appropriate. The TO offer request will also include specific instructions for the submission for offers, the selection criteria factors, the factors’ order of importance, and other information deemed appropriate

2. Awardees under the Basic Contract will generally be allowed ten working days to prepare and submit offers.

However, more or less time may be necessary based on the requirements. The due date shall be set forth in each TO quote request. If an awardee is unable to perform a requirement, the awardee may “NO BID” the TO quote request. All “NO BIDS” shall include a brief statement as to why the awardee is unable to perform (i.e., Conflict of Interest). While no mandatory requirement exists for the submission of an offer, firms consistently declining to submit offers for reasons of availability may jeopardize their ability to receive future TO awards.

3. Technical Offers. A task order request MAY include the demand for any or all of the following information depending upon the complexity of the project:

* Technical Approach

* Key Personnel utilized

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* Quantities/hours of personnel by labor categories

* Quantities/hours of equipment by specific type

* Other Direct Costs (ODCs) (e.g. material not provided by the Government, mobilization, etc.)

* Performance Work Schedule

* Use of Government Property

* Necessary flagging requirements

Technical offer information will be streamlined to no more than 5 pages; excluding any Safety Plan augments and the Performance Work Plan Schedule. Offers shall not merely restate TO PWS requirements.

4. Price Quotes. A written price quote will always be required on the face of each Task Order form.

Completing the form with an authorized signature will, in most cases, represent the sum of a firm’s price quote. Pricing will only be provided to the Contracting Officer.

5. Clarification of Offer: Offers will be evaluated in accordance with selection criteria set forth in the TO offer request. If necessary, during the evaluation of offers the Government may contact an awardee with questions concerning their offer

6. The Contracting Officer, reserves the right to withdraw a task order at any time with a valid reason.

7. TO Issuance: Task orders may be issued verbally, by facsimile, or by electronic commerce methods.

However, all task orders must be finalized in writing and provided to the Contracting Officer with the appropriate signatures and agreed upon pricing for stated pay items. All contractors receiving a Basic award are to maintain an email address in order to receive task orders from the Contracting Officer.

8. Unauthorized Work: The Contractor is not authorized to commence performance prior to issuance of a signed TO and Notice to Proceed or verbal approval provided by the CO to begin work.

9. Task Funding Restrictions: No unfunded tasks are authorized under this contract.

(d) Ombudsman Description. In accordance with FAR 16.505(a)(6), no protest under FAR subpart 33.1 is authorized in connection with CO decisions regarding fair opportunity or the issuance of a TO under this contract, except for a protest on the grounds that a TO increases the scope, period, or maximum value of the contract. The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered consistent with the procedures in the contract. Complaints to the USDA Forest Service Ombudsman must be forwarded to:

Laurie Lewandowski Assistant Director for Policy & Systems and the Competition Advocate Acquisition Management 1621 N Kent Street, Suite 707 RPE Arlington, VA 22209 Phone (707) 605-4573 Facsimile (703) 605-5100

SAFETY

Conditions which are inherently hazardous that could lead to serious injury or loss of life is identified as:

1. Traffic hazards

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a. Narrow Gravel or native surface forest roads

b. Long, steep grades (less than 20%)

c. Logging Traffic

d. Unskilled visitor traffic

e. Dusty conditions hindering visibility behind vehicles

2. Work environment

a. Inclement weather for potential hypo/hyperthermia

b. High winds that can bring down trees

c. Wet, snowy or ice conditions making ground unstable

d. High db noise

e. Insects, plants, animals

3. Communications

a. Cell phone or radio availability for emergencies

Contractor shall provide a written safety plan for the inherently hazardous conditions that exist during operations. Contractor’s safety plan shall identify and describe any inherently hazardous conditions and specific actions to reduce these hazards. This plan shall be provided to the Contracting Officer (CO) at the post award conference.

Any job specific inherent hazards will be provided in task orders issued against any contract resulting from this solicitation. Work shall not commence on a task order if the Contractor fails to address these job specific hazards and provide the documentation to the CO.

LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumen, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

AGAR 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 camp site 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.

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORICAL SITES (FEB 1988)

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If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

A. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

B. Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

C. Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

AGAR 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 or 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 52.234-5.

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel whom possess and can show proof of a Professional Forester license issued by the State of California:

1. FIA/ CSE Project Leader

2. Layout/ Marking/ Cruising Project Leader

(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 substitutions, and any additional information requested

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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.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). 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.

GOVERNMENT-FURNISH PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with provisions of FAR Clause 52.245-2 "Government Property (Fixed-Price Contracts)" hereby incorporated by reference into the contract in accordance with FAR clause 52.252-2 “Clauses Incorporated By Reference” found herein.

Item No. Property to be furnished Quantity Delivery Date

* Note: The Items, Quantity, and Delivery Date will be specified and provided with each task order.

APPROVAL OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

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MOTORIZED EQUIPMENT

Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer or as provided elsewhere herein.

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

Commercial Items (Mar 2009)

(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)).

___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.

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 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 (Dec 2008) (Pub. L. 110-252, Title

VI, Chapter 1 (41 U.S.C. 251 note)).

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

__ (4) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (5) [Reserved]

_X_ (6)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (7)(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.

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

__ (9)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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.

_X_ (10) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (11) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (12)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business

Concerns (SEPT 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

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__ (13) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and

Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting

(Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

(May 2004) (15 U.S.C. 657 f).

__ (16) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C.

632(a)(2)).

_X_ (17) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (18) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008)

(E.O. 13126).

_X_ (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (20) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (21) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (22) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X_ (23) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees

(Dec 2004) (E.O. 13201).

_X_ (25)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

__ (ii) Alternate I (Aug 2007) of 52.222-50.

__ (26)(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)).

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (28)(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.

__ (29) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

__ (30)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007)

(41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

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

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

__ (31) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (32) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

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__ (35) 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)).

__ (36) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (37) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration

(Oct 2003) (31 U.S.C. 3332).

__ (38) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor

Registration (May 1999) (31 U.S.C. 3332).

__ (39) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (40) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (41)(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 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.).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple

Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002)

(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, 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 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (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 settelement. Records

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relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title

VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and

Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

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

(vi) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees

(Dec 2004) (E.O. 13201).

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

(viii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(ix) 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.).

(x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

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

(xii) 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.

(xiii) 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.

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SECTION D- CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Scope of work and location

This is a multiple award, Indefinite Delivery, Indefinite Quantity (IDIQ) task order contract for professional forestry services for the management of vegetation on the Mendocino, Six Rivers, Shasta- Trinity and Klamath National Forests located in the Northern half of the state of California. Required services are common stand exams; layout; boundary designations; cruise designs; timber marking; timber cruising; and area determination. These activities will be performed for the preparation of the following management activities; construction of strategic defensible fuel profile zones (DFPA), group selection units (GS), Mastication units (MEC), non commercial thinning units (bio-mass), and commercial thinning units (sawlogs) and prescribed fire units (RX).

Stand Exam data Collection (CSE)

Gathering resource data by conducting field investigations, such as stand examinations and compiling data into reports (electronic and hardcopy), which may be used by the Forest Service in the NEPA planning process. Plots will be established across all types of terrain across thousands of acres, as identified in each task order. The protocol Common Stand Exam (CSE) can be found at www.fs.fed.us/emc/nris/products/fsveg/indexs.html within their respective User Guides.

Data Collection Levels

There are three stand examination data collection levels the level of data collection will be identified on the task order.

The data provided by the Contractor to the Forest Service shall be in a format that will load into the current version of CSE. This will be accomplished by using the data collection form and /or using the CSE program for data recorders. Data recording procedures will be covered at the pre-work meeting.

Layout

Projects are located on slopes generally less than 55% with occasionally steeper areas. Vegetation types will range from brush fields to heavily timbered wild stands over all aspects and elevations.

Layout is described as locating the units using the contract maps and aerial photographs depicting the approximate locations of units and then determining the boundaries of the cutting units on the ground. The contract map illustrates the cutting units’ approximate location and proposed harvest system.

Contractor will be required to choose the appropriate harvest system for each unit. (ie. tractor, skyline, or helicopter).

Use of skyline yarding, topography is determined favorable to obtain one end log suspension from existing roads or identified short temporary spur roads. A slope profile analysis will be conducted on any planned skyline corridor where external yarding distance limitations and adequate deflection can not be readily determined from proposed setting locations. Identified intermediate supports, sufficient anchors, tail-holds will be identified on the skyline units and placed on the sketch map.

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Boundaries Designations

Boundaries of all cutting units will be designated as directed on each task order.

Cruise Designs

A sample cruise design shall be provided by the contractor as part of their technical offer as set forth in FAR Clause 52.212-2 Evaluation – Commercial items ( JAN 1999) at the end of this solicitation.

Timber Marking

Timber marking and designation of timber harvest units. All marking performed shall meet the requirements set forth in Timber Cruising Handbook (FSH 2409.12, Chapter 70 and meet standards set forth in: R5 and Forest Supplements to FSH 2409.12, Chapter 70, and the Northern California Province Timber Theft Detection and Prevention Plan (2008). General marking guidelines and silvicultural prescriptions will be provided in each task order.

Paint, Issuance and Accountability:

a) The Contracting Officer's Representative (COR) or inspectors shall provide tree marking paint containing registered tracer(s). Tree marking paint is a U.S.D.A. Forest Service accountable material and shall be kept secured at all times. Access to paint shall be limited to the contractor and/or designated representative. All Government issued paint shall be locked up when stored or transported in a vehicle, and be removed from any vehicle while vehicle is being used by someone other than the designated individual(s) to whom the tracer paint was issued. The Forest Service may inspect contractor's security of paint and accountability records at any time.

b) The Contractor will notify the government of the quantity of paint needed prior to commencing work. The paint will be received only by the Contractor or designated representative. The Contractor shall maintain a daily inventory of all paint cans. All cans received, used and returned by the contractor must be accounted for. The inventory will be signed and submitted to the COR on a weekly basis. All paint cans must be returned to the Forest Service. Failure to maintain adequate safeguards and security over the paint may result in a law enforcement investigation and/or may result in contractor liability for special damages (i.e. fine $1500.00 per can and up), and/or default of the contract.

c) The Contractor will be responsible in posting Material Safety Data Sheets. Material

Safety Data Sheets will be furnished by the COR with the Tree Marking Paint.

Timber Cruising

a) CTM/ LTM / Bio-mass areas shall be located on slopes generally less than 55% with occasionally steeper areas. Vegetation types will range from moderately stocked to densely stocked timber stands over all aspects and elevations.

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b) Cruise methods for CTM/ LTM / Bio-mass units will be in accordance with Forest Service

Handbook (FSH) 2409.12 (Timber Cruising) that is available electronically. Information for sawlog gross and net volumes and non-sawlog volumes is located there. The website is http://www.fs.fed.us/im/directives/. Forest Service wide issuances are service wide and regional direction is located under field issuance.

c) To facilitate contract inspection (check cruising), cruise maps will be at the same scale as those provided to potential bidders.

d) All measurements shall be done in accordance with FSH 2409.12, chapters 10 and 20. All defect estimations shall be done in accordance with the R5 and Forest Supplements to FSH 2409.12, Chapter 20. All unusual features at plot locations which may influence cruise procedures, hence accuracy (excessive slope, blowdown patch, hazardous conditions, etc.), will be recorded by the Contractor. Reasons for defect deductions on individual trees will be documented by the Contractor in a remarks area of a Timber Cruise Book or the FScruiser cruise data entry program.

e) The cruise data provided by the Contractor to the Forest Service shall be in a format that will load into the current version of FSCruiser and Cruise Processing (National Cruise System). This will be accomplished by using Timber Cruise books (Form R5-2400-28A Rev.5/2007) and/or using the FSCruiser program for data recorders. Timber Cruise Books will be furnished by the Forest Service prior to commencing work. Data recording procedures will be covered at the pre-work meeting.

f) Cruise requirements will be identified on each task order.

Contractor will be required to choose the appropriate cruise system from the following methods. (FSH 2409.12, chapter 30).

a) 100 Percent Cruise

b) Sample-Tree with Complete Tally

c) Fixed Plots

d) Point Sampling

e) 3P Sampling

f) Two-Stage Sampling

- Sample-Tree with 3P Subsampling Method

- Fixed Area Plot with 3P Subsampling Method

- Point Sampling with 3P Subsampling Method

- Point Count/Measure-Tree Method

- Fixed Count/Measure-Tree Method

Area Determination

Either 1) global positioning system (GPS), or 2) traditional survey techniques will be used to determine of perimeter, shape, and area of each harvest unit.

All GPS traversing of harvest units shall meet the accuracy requirements set forth in FSH 2409.12, Chapter 50 and meet the standards set forth in: R5 supplements to FSH 2409.12, Chapter 50.

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MEASURABLE PERFORMANCE STANDARDS

Quality Control Plan:

A Contractor Quality Control Plan shall be provided by the contractor as part of their technical offer as set forth in FAR Clause 52.212-2 EVALUATION - COMMERCIAL ITEMS (JAN 1999) at the end of this solicitation.

Government Quality Assurance Surveillance Plan and Acceptance Requirements:

A. Government Quality Assurance Inspection.

The Government will make periodic inspections of the work to assure itself of contract compliance and to perform Quality Assurance Inspections to confirm that the Contractor is performing quality control in accordance with its QCP.

B. Acceptance.

Acceptance of the work under the contract will be made after steps noted in the Government Quality Assurance Inspection have been taken and the Contracting Officer has made the determination of satisfactory compliance with the specifications. Acceptance will not be made for segments broken by unacceptable portions of work.

C. Compliance Inspection. The Contracting Officer may, by formal inspection, determine if the specified methods of work have been used. Failure to use specified methods shall require prompt corrective action.