RFQ.xps

Spring 2015 SMMU Hoedad Planting, Shasta - Trinity National Forest Solicitation No. AG-9AC7-S-15-0029

1. REQUISITION NUMBER

PAGE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

725588

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

2. CONTRACT NO.

3. AWARD/EFFECTIVE

4. ORDER NUMBER

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE

DATE

DATE:

11/20/2014

AG-9AC7-S-15-0029

7. FOR SOLICITATION INFORMATION

a. NAME

b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/ LOCAL

CALL:

TIME

12/04/2014 2PM Local 530-226-2453

Lara Newburn

Time

9. ISSUED BY CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE: 100 % FOR

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

USDA Forest Service

HUBZONE SMALL (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

BUSINESS SMALL BUSINESS PROGRAM NAICS:

Northern California Acquisition Service Area

SERVICE DISABLED

EDWOSB 115310

Shasta-Trinity National Forest

VETERAN- OWNED

SIZE STANDARD:

3644 Avetech Parkway

SMALL BUSINESS

8(A) $7.5 Redding, CA 96002

1. DELIVERY FOR FOB DESTINATION

12. DISCOUNT TERMS

13b. RATING

13a. THIS CONTRACT IS A RATED

UNLESS BLOCK IS MARKED

ORDER UNDER DPAS (15 CFR 700)

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY CODE

See specifications.

See block 9.

17a. CONTRACTOR/ CODE FACILITY

18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE

TELEPHONE N0.

18b. SUBMIT INVO ICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM N0.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

PROJECT NAME:

Spring 2015 SMMU Hoedad

Planting, Shasta – Trinity National Forest

Include pricing in the Schedule of Items.

With size limitations, offers will be accepted hardcopy, electronically, or via facsimile (fax 530-226-2474).

Contractor shall be registered in the System for Award Management (SAM) before award can be made.

Please provide the following information:

DUNS#_________________

TIN#___________________

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

25. ACCOUNTING AND APPROPRIATION DATA

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

See IAS requisition.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212 1, 52.212

4. FAR 52.212

AND 52.212

5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

4. FAR 52.212

5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______1________

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISS

UING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

DATED

.. YOUR OFFER ON SOLICITATION

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CON

DITIONS SPECIFIED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFF

ICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449

(REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

CONTINUATION OF SF1449

Spring 2015 SMMU Hoedad Planting Shasta – Trinity National Forest

Schedule of Items:

ITEM # UNIT ACRES PRICE/ACRE TOTAL PRICE

#1 – MUDFLOW

8-29 35 $ $ 8-35 29 $ $ 8-85 18 $ $ 14-351-1 26 $ $ 14-352-1 18 $ $ 14-335-2 38 $ $

TOTAL ITEM 1: $

#2 – DUKE REPLANT

15-308-1 24 $ $

TOTAL ITEM 2: $

#3 – TROUT CREEK

17-302-3 19 $ $

TOTAL ITEM 3: $

TOTAL ALL ITEMS #1 - #3 (207 Acres) $

Electronic quotes can be emailed to:

lnewburn@fs.fed.us or offers may be mailed to the address in Block 9 of the solicitation and mark the envelope with the solicitation number. Regardless of submission method, there is a maximum page limit of 20 pages total , and 3 attachments if using email.

DO NOT RETURN THIS ENTIRE PACKAGE.

Interested vendors should submit the following:

Form, SF-1449, completed, and sufficient information to determine if the interested vendor meets the evaluation factors listed in FAR 212-2 Evaluations – Commercial Items. A questionnaire to respond to the non-price evaluation factors is not attached.

Hence contractors responding to this RFQ shall provide evaluation information in a format of their choosing while responding to ALL factors completely and thoroughly.

Also, AGAR clauses 452.209-70(Alt 1) and 452.209-71(Alt 1) must be filled out and submitted with your bid.

PLEASE NOTE: System for Award Management (SAM) registration must be completed. An active registration shall be completed no later than the closing date for accepting responses to this RFQ – www.sam.gov

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 (see):

www.arnet.gov/far/

(FAR)

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

(AGAR)

CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FAR 52.212-4) (MAY

2014)

ADDENDUM TO FAR 52.212-4

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

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

452.236-77 Emergency Response (AGAR) (NOV 1996) 452.228-71 Insurance Coverage (AGAR) (NOV 1996)

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS

FOR CORPORATE APPLICANTS - ALTERNATE 1

(FEB 2012)

(a)

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

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

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

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

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (FAR 52.212-5) (OCT 2014)

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

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

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

3509).

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

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

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

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

_XX_

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

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

_XX_

(10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.

110-161).

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

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

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

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

___ (13) [Reserved]

_XX_

(14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

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

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

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

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

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

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

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

_XX_

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

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

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

_XX_

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

_XX_

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

_XX_

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

_XX_

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

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

_XX_

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

793).

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

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

___ (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (34) (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.)

___ (35) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (36) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (38) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

_XX_

(39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

_XX_

(40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).

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

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

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

___ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq.

, 19 U.S.C. 3301 note).

___ (43) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_XX_

(49) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (50) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (53) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

Contracting Officer check as appropriate

_XX_

(1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67

_XX_

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

_XX_

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

chapter 67).

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

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

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

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

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

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

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

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

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

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

(e)

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

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

3509).

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

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

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

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

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

793).

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

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

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

(x) 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)).

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

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

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

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

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

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

(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.

ADDENDUM TO FAR 52.212-5

The following clause(s) are hereby incorporated by reference or full text as appropriate:

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER (MAY 2011)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS (JUL 2012)

http://www.usda.gov/biopreferred

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

(JAN 1997)

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (FAR 52.222-42) (MAY

1989) 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

Tree Planter $12.19 + fringe

ON-SITE REPRESENTATIVE

Before work starts, the Contractor shall designate in writing, a representative to act for the contractor during his absence. The Contractor’s representative shall read and speak fluent English. The Contractor shall list the extent of authority the designated representative will have on the job. The Contractor or acting authorized Representative shall receive orders from the COR/Inspector as required to keep the job in progress and adherence to technical specifications, as needed, to finish the job.

CAMPING AND MOTORIZED EQUIPMENT

There shall be no camping on National Forest Lands in execution of this contract Motorized planting equipment is also not allowed.

CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS

1. DESCRIPTION OF WORK:

The purpose of this solicitation and any resultant contract is to secure services for tree planting on the McCloud Ranger District of the Shasta Trinity National Forest. The Contractor shall provide all equipment, supplies, transportation, labor, supervision, and incidentals required to complete the project except for materials furnished by the Government.

2. PROJECT LOCATIONS:

Project is located on the McCloud Ranger District of the Shasta Trinity National Forest. Detailed maps of the Shasta Trinity National Forest are available from the Headquarters office or the McCloud/Mt.

Shasta Ranger Station offices. Access to certain stands may be limited; the Government is not obligated to do any unscheduled road maintenance. It is the responsibility of the contractor to determine the most suitable route to the project areas. All units are normally accessible by standard pickup on forest roads.

Instructions on how to reach all planting areas will be available at the Mt. Shasta Ranger Station Office during regular office hours 7:00 a.m. to 3:30 p.m., Monday through Friday. Contact Ed Hatakeda, 530- 926-9655 or Eve Vardanega, 530-926-9658 Treatment Boundaries The areas to be planted are defined by pink flagging, average tree drip line, system road boundaries or other well-defined physical features. Unit boundaries will be re-flagged at the contractor's written request as necessary for boundary clarity.

Project Area Maps The attached maps illustrate general locations and shapes of the planting unit areas. If the maps conflict with the field markings (flagging or roads), the field markings shall govern. Positions of features are approximate.

3. SITE VISIT (FAR 52.237-1) (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

A site visit is scheduled:

Date - November 24, 2014 Time - 10:30am Local Time Location - McCloud Ranger Station 2019 Forest Road McCloud, CA 96057 Contact Ed Hatakeda at ehatakeda@fs.fed.us or 530-926-9655 to confirm attendance at the site visit.

4. CONTRACT TIME:

Item Estimated Start Date Contract Time/Calendar Days

1 & 2 April 1, 2015 9

3 May 15, 2015 1

The estimated start work date is April 1, 2015. Contract time is 10 calendar days from the effective date of the Notice to Proceed. Work shall begin on the date stipulated on the Notice to Proceed, or 5 calendar days after the Notice to Proceed is mailed, whichever is later. Work shall progress at a rate, which will insure job completion within the calendar time specified above.

Restrictions on Work

Work may be performed at any time during the period of the contract except as determined by the COR and / or as stated below:

1.

When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

2.

Work is suspended by notice of a Work Order for non-compliance with requirements of this contract.

3.

Weather conditions are detrimental to tree growth and survival of tree seedlings.

Control of Work

The Government may specify the order in which units are to be worked. Access may be delayed due to weather. In these situations, the Contractor may have to stop work and return to these units at a later time. Closed roads will require a walk-in to the units.

5. BACKGROUND:

Item #1 – Mudflow was logged in 2013. Units 8-29, 8-30 and 14-351 received a mastication treatment to prepare the site for planting. Units 8-85, 14-352 and 14-335 were tractor piled by either the Government or Timber Sale Purchaser with a dozer and brush rake. A second treatment occurred in Units 8-29, 8-30 and 8-85. The treatment involved deep mastication of planting strips with a Fecon Bullhog mastication head to assist in treating dense grass/forb competition prior to planting. The deep mastication planting strips are spaced approximately 12’ apart but vary due to treatment obstacles. Unit 14-335 has identified planting areas that do not have vehicle access. The only means of access are by walking in. Use of motorized equipment to access planting areas that are not adjacent to the roads on the map is not allowed.

Note: Unit 14-351 is currently affected by a road closure due to a debris flow on Mud Creek. If the road closure continues into planting season, administrative access will be granted to allow for vehicle travel to within 200’ of the unit.

Item #2 – Duke Replant was logged in 2012 and received a mastication site preparation treatment. This area also received a second mechanical treatment using a tractor mounted rototiller to create planting strips. The strips were spaced approximately 12’ apart with variation due to treatment obstacles. This unit was initially planted in 2013 and has since failed due to freezing weather and marginal ground conditions.

Item #3 – Trout Creek was logged in 2013 and 2014. The site preparation was tractor piling by the Timber Sale Purchaser with a dozer and brush rake. This area was also broadcast burned in the fall of 2014. No other site preparation treatments were performed. The unit has identified planting areas that do not have vehicle access. The only means of access are by walking in. Use of motorized equipment to access the planting areas that are not adjacent to the roads on the map is not allowed.

All landings, where applicable, were included in the traverses of each area and are included in the acreage calculations.

6. CONTRACTOR PERSONNEL:

Supervision – The Contractor shall have a non-planting foreman with each crew at all times whose intended purpose is quality control of the Contractor’s work. The Contractor’s foreman shall be fluent in the English language. For crews of more than 7 planters, additional non-planting foreman may be required.

Contractor’s Authorized Representative – Before work starts, the Contractor shall designate in writing, a representative to act for the contractor during his absence. The Contractor’s Representative shall read and speak fluent English. The Contractor shall list the extent of authority the designated representative will have on the job. The Contractor or the acting authorized representative shall be capable of receiving orders from authorized government personnel to keep the job in progress and adherence to technical specifications as needed.

7. GOVERNMENT FURNISHED PROPERTY:

The Government will furnish the following:

2-0 bare root ponderosa pine Styro10 plug Douglas-fir and sugar pine Styro 6 plug incense cedar Polymer dipping solution for the bare root trees Material transportation to the work site of all Government Furnished Property

8. CONTRACTOR FURNISHED ITEMS:

The following is not an all-inclusive list:

Planting Equipment

Planting tools used by the Contractor shall have a minimum 14” length and 4” width planting blade that will allow for the creation of a minimum 14” depth and 4” width planting hole. The mounting bracket or extra scalping blade is not to be included in the minimum length measurement. If hoedads are used, each shall have brackets that allow for a 100 degree offset of the planting blade.

Use of gas powered equipment for creating planting holes will not be permitted on this contract.

Planting bags shall be light in color, not retain heat, have a minimum depth of 15 inches and free of defects.

9. DEFINITIONS:

Quality Standard – The established standard against which all of the Contractor’s performance shall be measured.

Acceptable Quality Level (AQL) – The maximum allowable deviation from the Quality Standard established by the Government for work performed in this contract before the Government will invoke payment deductions. The AQL does not allow a Contractor to knowingly offer or perform defective services below the Quality Standard, but limits reduced payments to circumstances in which defective performance results in a measureable deduction in the value of services reciev3ed by the Government.

Drip Line – The line where moisture dripping from the extremities of the tree crown strikes the ground.

Root Collar – The point on the stem of the tree seedling where the ground line was when the tree was grown in the nursery. This is usually distinguished on the stem of the seedling by a change in color from green to yellow or brown. In grasses and shrubby vegetation, this is usually noted by the presence of roots growing at a point below ground level.

Conifer – A live tree with needle shaped or scale covered leaves.

Hardwood – Deciduous plant species that is typically in tree form at maturity. Common species within the project area are black oak, aspen and cottonwood.

Microsite – Use of naturally occurring and pre-existing structures that produce shade and hold moisture to aid in young seedling survival.

Natural Conifer - A live residual tree that was left after harvest and site preparation. Conifers in the seedling size class are characterized by straight stems, are at least 6 inches tall, survived for at least two growing seasons and undamaged from previous activities.

Planting Scalp – Scraping/digging at the ground to remove all snow, bark, rotten wood, ash, dry or loose soil, duff, loose debris and all live vegetation to a point below the root crown or first lateral root prior to planting the conifer.

Herbaceous Vegetation – Any plant that does not develop persistent wood tissue above ground, i.e.

grasses, forbs, ferns, mountain rose, and snowberry. This type of vegetation may be brown from dormancy at time of conifer planting and is characterized by live roots.

Woody Vegetation – Vegetation over one inch in height that has stems and branches that are composed mostly of a hard, fibrous substance at maturity. Deciduous vegetation may not have sprouted leaves yet from dormancy but is characterized by live cambium and leaf buds.

Root Crown – The transition zone between stem and root usually located at or below the ground surface.

Wasted Trees – Trees which are lost, damaged, destroyed or handled contrary to the specifications for care and handling of trees, field handling or more than 7 planted trees in and inspection plot.

Dropped Trees – Trees that are unintentionally lost from the planting bag. These trees will be counted as wasted trees but charged at a reduced rate.

10. QUALITY STANDARDS:

Care of Tree Seedlings

Trees shall be protected at all times from drying, heating, smothering, crushing, drowning, abrasion, rapid temperature fluctuations or contact with injurious substances. Boxes or bags shall not be exposed to direct sunlight. Containers of trees shall be opened only in full shade.

Trees shall be planted without further root or top pruning or culling. If pruning or culling appear necessary, or if mold, dry roots, evidence of injury or drying is seen, the condition shall be immediately be reported to the Contracting Officer’s Representative (COR) in charge.

Field Handling

Trees in possession of planters shall be handled in accordance with the following:

1.

Trees in planting bags shall have only their tops exposed.

2.

Trees shall not be removed from planting bags until immediately before planting in a prepared hole.

3.

Trees shall be gently removed, one at a time, to prevent root-stripping or other injury, and quickly and gently inserted into the planting hole.

4.

Trees carried in planting bags shall not exceed the amount that can be carried and removed without injury, or which can be planted before critical heating or drying occurs. Trees placed in planting bags shall be planted within one hour, unless conditions warrant a shorter time. A longer time period may be agreed to by the COR. Trees placed in bags shall be planted out and not returned to storage unless the unit is completed. Planting bags shall be kept emptied of accumulated debris and water. All trees handed out shall be planted out before any additional trees can be received. Planters shall work in unison while planting a work unit and be supervised at all times. Trees left over at the completion of a work unit shall be counted and the count given to the Forest Officer in charge.

5.

Planters leaving the boundary of the planting unit shall leave all trees inside the unit.

Spacing and Spot Selection

The Contractor shall plant the issued species at 12’ x 12’ spacing unless directed to do otherwise by the COR. Units and areas with established planting strips that are visible shall have trees planted as close to center of the strip as possible at a spacing of 12’ between trees. Where an un-plantable spot is encountered, the planter shall disregard spacing limits and plant in the closest suitable spot. Planters shall space off the drip line of natural conifers. Spacing may be varied up to 25 % to take advantage of microsites and most favorable planting spots. Microsite planting is required for Douglas-fir seedlings where shade is available. No tree seedlings shall be planted within 48’ of live aspen and aspen sprouts.

No tree seedlings shall be planted within 24’ of other hardwoods found.

Planting Spot Preparation

Before preparing the planting hole, the Contractor shall make a 2’ x 2’ planting scalp using a hoedad, McLeod or other suitable tool. The contractor shall make a planting scalp to moist mineral soil that is free of both herbaceous and woody vegetation at all planting spots. The planting scalp will also be needed to remove dry soil whether or not there is any debris or vegetation on the planting spot. Trees shall be planted near the center of the scalp. If the scalp is made adjacent to a stump, rock or other shade providing object, the Contractor shall plant as close to the object as possible. Ponderosa pine shall not be planted within 5’ of existing stumps in Items #1 and #2 unless agreed to by the COR. Planters shall prepare the planting spot so that it is not possible for loose dirt or other debris to fall on the planted seedling.

Planting Hole Preparation

Planting holes shall be oriented at an angle between perpendicular to the slope and true vertical. An open hole that is large enough to fully accommodate the roots of the trees to be planted is required. The Contractor is expected to open planting holes in hard as well as easy plantable ground. Slit planting will not be permitted. At least three attempts shall be made within the planting scalp before it is determined to be un-plantable.

Tree Placement

Trees shall be suspended with roots in a near natural arrangement at a depth that will, after filling, packing and leveling the soil, come to a point even with the root collar of the seedling. No portion of the roots shall be exposed nor any needles or branches covered with soil. The roots shall not be doubled up, twisted, spiraled, bunched or cut. The root system shall be aligned with the axis of the planting hole with all roots extending downward in their natural position for their entire length.

Filling and Firming

Moist mineral soil shall be filled in and firmed around tree roots. Dry soil and other material shall be kept out of holes. Soil shall be filled in and firmed progressively, starting at the bottom of the hole so no loose soil or air pockets remain and the tree is firmly planted as soil conditions will allow. The Contractor shall not wedge the sides of the holes and firming the soil around the tree shall be done in a manner that assures the tree and root system is not damaged. After the soil is firmed around the tree, it shall be smoothed out to the level of the surrounding ground level of the planting spot. The tree shall not be weighed down with mud or debris. Filling and firming the soil will be inspected by digging up a sample portion of the planted seedlings checking for loose dirt and air-pockets, and by firmly pulling upward on the stem of the seedling. The soil shall be firmed enough so that there are no air pockets around the root system and the soil does not easily fall away from the root system when dug up. The trees shall be firm enough that there is no movement to the trees when firmly pulled by the stem.

Contractor Quality Control

The Contractor shall prepare a Quality Control Plan for review and approval by the Government prior to the start of work and shall inspect the work in accordance with the accepted plan. In addition to the requirements in FAR 52.212-4, the Contractor shall maintain an inspection system acceptable to the Government. The intended purpose of the Contractor performing self-inspection is quality control of work being performed, thereby allowing the Contractor to identify and correct any quality deficiencies in their work while the work is in progress.

11. INSPECTION AND ACCEPTANCE:

Compliance Inspection Procedure

The Government will inspect planting to determine compliance with contract specifications to provide the basis for computing the rate of payment. Inspections will consist of observations of tree handling, planting spot preparation, planting procedures and examinations of individual planted trees.

Observations for tree handling will occur throughout ongoing operations. Tree seedlings that are handled in a manner inconsistent with care of tree seedlings or field handling specifications may be declared “wasted trees”.

The inspection plots will be randomly located throughout the planting area so as to obtain a th representative sample of the work. Examination of planting quality will be performed using 1/50 acre circular plots at a density of one plot per 2 acres. In the event of an odd number of acres, the number of plots will be based on the acres to the next even interval.

Inspection plots will be identified with flagging and include:

1.

Above ground inspection a.

Distance from natural conifers and drip line b.

Planting spot preparation c.

Tree location in planting spot d.

Planting depth and exposed roots e.

Stem position or damage f.

Firmness g.

Seedling spacing h.

Use of microsite for appropriate species i.

Planting spot selection j.

Scalping k.

Excess or lack of tree numbers l.

Number of unplantable spots

2.

Below Ground Inspection will occur on a portion of the satisfactory above ground seedlings and include:

a.

Planting hole orientation b.

Root configuration and orientation c.

Altered root length and damage d.

Dry soil and other debris in the planting hole e.

Loose soil or air pockets

3.

Plot Procedure: Sample plots will be taken as follows;

th a.

The inspector will mark on the ground a series of 1/50 acre plots, sufficient in number to th yield at least one percent sample of the contract acreage. There will be at least 10 1/50 acre plots or sufficient plots to equal a one percent or more sample. Plots will be distributed uniformly over the entire acreage. Inspections within each plot will be done as follows:

i- Locate and mark the plot center on the ground ii – Determine the average number of planting spots for the plot based on the specified average spacing shown on Table 1 below. From this number subtract the number of acceptable existing trees and the number of unplantable spots.

Record the difference as the number of plantable spots on which trees should be planted.

Table 1 th Average Spacing Average Planting Spots on 1/50 acre 8 x 8 14 9 x 10 10 10 x 10 9 10 x 12 7 12 x 12 6 14 x 14 4 iii – Determine and record the maximum number of allowable trees from the number of plantable spots.

iv – Record the number of trees planted on the plot

Table 2

Plantable Spots Maximum Trees Plantable Spots Maximum Trees 1 2 13 16 2 2 14 17 3 4 15 18

4 5 16 19 5 6 17 20 6 7 18 22 7 8 19 23 8 10 20 24 9 11 21 25 10 12 22 26 11 13 23 28 12 14 24 29 v – Determine and record the number of wasted trees on the plot. This number will be the number or trees, determined by subtracting the maximum allowable trees (as determined from Table 2) from the number of planted trees allowed from Table 1, but no less the 0.

vi- Inspect and record the number of planted trees meeting the above ground contract technical specifications. The maximum number of satisfactory trees to be credited shall not exceed that shown in table 2.

vii- Below ground inspection of trees shall be determined by the number of satisfactory above ground trees, as determined on the plot, i.e. if 10 trees are planted and 4 trees are to be dug, but only 9 trees are satisfactory, then the number of trees to be dug for underground inspection will be 3, (number of trees to be dug for 9 satisfactory above ground trees) See table 3

Table 3

Number of satisfactory (above ground) Minimum number of trees to be dug planted trees on plot 1 1 2-6 2 7-9 3 10-12 4 13- plus 5 viii – The tree will be dug starting with those closest to the plot center and progressing outwards.

ix- Record the number or trees meeting below ground contract specifications.

x- Compute the planting quality by the following formula:

Planting quality = No. of satisfactory trees above ground divided by number of plantable spots x number of satisfactory trees dug divided by number of trees dug x 100.

The percentage for above ground planting will be calculated as above, not to exceed 100 percent.

Percentage of planting quality will be rounded to the nearest whole percent. For example, 92.5 percent will be rounded to 93 percent, and 92.449 percent will be rounded to 92 percent.

Upon completion of each sub-item, the contractor may request, in writing, a final evaluation of planting on that sub-item. The evaluation results for the sub-item will be made within 3 working days of receipt of the Contractor’s request.

Average planting spots and maximum number of satisfactory trees shown in Table 1 and Table 2 have been rounded to the nearest whole number and it is mutually understood and agreed that these figures will be used in determining planting quality even though they are not precisely correct form a mathematical stand point.

Each individual planting unit will be inspected separately and inspection results on one planting unit will not be averaged with inspection results on other planting units. The quality percentage will be rounded to the closest whole percent with 0.5 rounding up. The percentage will never exceed 100%.

Determination of the acceptability of the work performed will be based on these inspections will be considered conclusive. The Contractor is encouraged to observe inspections while they are underway.

Acceptance

The acceptable work quality for this contract is 90% or greater, as determined by government inspections will be accepted at full payment, less deductions for wasted trees. Planting units which have and inspection quality between 80% and 90% will be accepted at a reduced pay rate. Work with an inspection quality less than 80% is not acceptable and may not be paid for, depending on damages suffered.

Payment

Payment, less deductions for wasted trees or other Government furnished property will be made for completed units of work at the contract unit price wherever the planting quality is 90 percent or greater.

Planting units which have an inspection quality between 80% and 90% will be paid for at the actual inspection quality percentage. Planting units which have an inspection quality less than 80% may not be paid for, depending on the damage suffered by the Government. The Contracting Officer shall make the final determination as to what rate will be paid for planting units with a quality less than 80%. Wasted trees found randomly in the planting units or at the tree station and trees calculated as wasted in the inspection plots will be charged to the contractor or deducted from final payment at a rate of 60 cents per tree.

The total number of wasted trees to be charged shall be calculated as follows: Total number of wasted trees from written inspection records divided by the number of plots taken, multiplied by the reciprocal of the plot size, multiplied by the acres in the unit, plus dropped trees. For example, if a total of 27 trees th were found on 40, 1/50 acre plots in an 80 acre unit, the calculation will be made as follows:

27 trees x 50 x 80 acres ÷ 40 plots = 2700 + 200 dropped trees = 2900 wasted trees 2900 wasted trees x $.60/tree = $1740 deducted from payment

Rework of a Planting Unit

Rework of a unit can only occur if the planting quality percentage is below 90% and is entirely a result of insufficient number of planted trees. A written request for rework must be received by the Contracting Officer with a proposed date with 5 days after completion of the initial work. Re-inspection of corrected work will be done in the same manner as the first inspection using a different plot line and different plots. The contractor shall pay for all costs of inspection necessitated by the rework. Any deductions resulting from wasted trees during the rework will be combined with deductions from the initial work for a total deduction for the planting unit.

Re-inspection Upon Contractor’s Request

If the original inspection results are unacceptable to the Contractor and a second inspection is requested in writing within 5 days of after Contractor’s receipt of notice of initial inspection results without rework, the same inspection procedure will be used. However, a different plot line will be selected for inspection. If the second inspection results show less than a 5 percent variance from the first inspection, the Contractor shall pay the Government’s cost of the second inspection, and the results of the first inspection will be used in determining payment. If the variance is 5 percent or greater, the results of the second inspection will be used, and Contractor shall not be liable for the cost of re-inspection.

12. PREWORK CONFERENCE AND OTHER MEETINGS:

Prior to commencement of work, a pre-work meeting shall be arranged between the Contractor and the Contracting Officer to discuss the contract terms and work performance requirements. At this time, the Contracting officer will designate a Contracting Officer Representative (COR) and the Contractor shall designate, in writing, the name and phone number of the Contractor’s on-site representative/supervisor and their responsibilities.

13.

MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to…