F15PS00007_Solicitation_amended_11_19_14.pdf

Solicitation No. F15PS00007 Page 1 of 49 Title: Grain Farming at Mid-Columbia River NWRC

1. A - Solicitation/Award Form

2. B - Supplies or Services/Prices

3. C - Description/Specifications

4. D - Packaging and Marking (Not Used)

5. E - Inspection and Acceptance (See individual SOW Addendums for each tract or field)

6. F - Deliveries or Performance

7. G – Purchase Order Administration Data

Clauses

8. I - Contract Clauses

Clauses

9. J - List of Documents, Exhibits and Other Attachments

10. K - Representations, Certifications, and Other Statements of Bidders

Clauses

11. L - Instructions, Conditions, and Notices to Bidders

Clauses 52.252-1Solicitation Provisions Incorporated by Reference (Feb 1998)

12. M - Evaluation Factors for Award Clauses

Changes to Solicitation incorporated in this amendment.

Adds the SF-1449 form

Extends the deadline for quotes to 12/05/2014.

Removed references to contract period of performance being for 1 year plus up to 4 additional (option) years and replaced it with a term of 3 years plus 2 option years.

Incorporates by reference clause 52.217-02 Cancellation Under Multi-Year Contracts.

Incorporates clauses 52.217-08 Option to Extend Services and 52.217-09 Option to Extend the Term of the Contract.

Removed requirement to mail hardcopies and CDs or thumb drives and ensured solicitation allows for electronic submission of offers through e-mail to Frank_Lee@fws.gov.

A - Solicitation/Award Form

SF-1449 inserted next 2 pages mailto:Frank_Lee@fws.gov

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

F01

PORTLAND OR 97232-4181

911 NE 11TH AVENUE

EASTSIDE FEDERAL COMPLEX

FWS, DIVISION OF CONTRACTING AND GE

CODE 16. ADMINISTERED BYCODE

X

X

111199

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORF01

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

11/18/2014 1500 ET

10/09/2014

503-231-6188Franklin Lee (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

F15PS00007

5. SOLICITATION NUMBER

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

1 49 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

PORTLAND OR 97232-4181

911 NE 11TH AVENUE

EASTSIDE FEDERAL COMPLEX

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$0.75

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FWS, DIVISION OF CONTRACTING AND GE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 02/28/2014 to 02/27/2015

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Franklin Lee

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

49 2 of

Solicitation No. F15PS00007 Page 2 of 49

B - Supplies or Services/Prices

PURPOSE AND SCOPE. The purpose of this Request for Quote (RFQ) is to award several purchase orders to provide farming services to provide an essential food source for migrating and wintering waterfowl within the Columbia Basin on various tracts of irrigated croplands in Umatilla County, Oregon and Walla Walla and Benton counties in Washington.

C - Description/Specifications

Background The U.S. Fish and Wildlife Service (Service), Mid-Columbia River National Wildlife Refuge Complex has a need to grow crops for wildlife on various tracts of irrigated croplands in Umatilla County, Oregon and Walla Walla and Benton counties in Washington.

This land is farmed in order to provide an essential food source for migrating and wintering waterfowl within the Columbia Basin. Annually, production of supplemental grain occurs in order to maintain wildlife populations at approved objective levels. Corn is the dominant crop grown, however alfalfa, wheat, buckwheat, and barley are occasionally grown as well. Unless otherwise specified in the statement of work addendum for the specific tract of land, the Refuge does not own the irrigation pivots or farming equipment necessary to farm the area. The land, until recently, has been farmed cooperatively with a minimum 25% share (by acreage) going to the Refuge being left in the fields in order to feed waterfowl and the remainder of the crop going to the contractor as payment for services. The Refuge analyzes yield, benefit to wildlife, and other factors each year to plant the best possible mix of crops to meet the needs of waterfowl.

Scope

Crop Production:

The Contractor shall plant, cultivate, and harvest the agricultural crops of the type and acreages specified in the first year of the contract for each specific tract/field. The type of crop, acreage, and distribution may be altered or modified annually, following the first year of operation, by negotiation and agreement of both parties. Only field corn, small grains (wheat, barley, rye, etc.), buckwheat, or alfalfa may be grown on Refuge lands.

The contractor shall employ sustainable farming methods including application of water, fertilizers, soil amendments and pesticides on all crops or share acreage in accordance with recommendations of the Natural Resource Conservation Service, Resource Conservation Plans and WSU Extension Service as mutually agreed with the Refuge Manager and will assume the costs thereof.

No land other than that specified in the award shall be farmed, mowed, sprayed, or disturbed in any other way without approval from the Refuge Manager. Tillage may not begin until after March 31, unless approved in advance by the Refuge Manager.

Plantings damaged by wind erosion or wildlife will be reseeded to prevent “blowouts” or treated until stabilized to the Refuge Manager’s satisfaction at the Contractor’s expense. If it is necessary to replant to other types of crops because of the advanced season, crops to be replanted will be mutually agreed upon with the Refuge Manager.

Any crop grown which, upon harvest, leaves the soil essentially void of cover or subject to wind erosion shall be planted to winter wheat or other mutually acceptable cover crop at a rate which would produce viable erosion control, at the Contractor’s expense. Cover crops will be fertilized and watered “up to cover” as needed.

Solicitation No. F15PS00007 Page 3 of 49

The Contractor shall bear at his/her expense the charge for all irrigation water and electrical energy required to grow crops addressed in this contract. The contractor will be responsible for the routine maintenance and operation of the pumping plants and associated water conveyance lines, as well as the maintenance, operation and replacement of risers, valve openers and laterals, including sprinkler heads and nozzles.

Requirements:

The contractor must demonstrate prior experience in large scale agricultural farming, and demonstrate through documentation the crop yields and ability to farm. The demonstrated work will be specific experience in the local area (local soils, climate, pests, etc.). The applicant must also demonstrate the financial ability to deal with unforeseen problems (e.g., pump, mainline, or well failure/repair) because our contracting limitations make it difficult for us to get large repairs done quickly enough and still complete a successful farming season.

Subleasing under this agreement is prohibited. Joint-venture agreements and/or contracts for crops (involving a third party in our mutual agreement) must be approved in advance in writing by the Refuge Manager. Such agreements or documents must acknowledge that the US Fish and Wildlife Service is the ultimate decision maker and has termination authority for non-compliance.

Mow Down:

Following harvest of the Contractor share, the contractor shall mow down standing stubble. Standing stubble in the field shall be no higher than 6 inches.

The Contractor shall mow down the Refuge share at the direction of the COR, immediately following the close of waterfowl hunting season (usually last week in January). Mow down will be performed so that the heads of the corn are shattered and the stems are shredded. Standing stubble remaining in the field shall be no higher than 6 inches.

Crop seed: The use of genetically modified (GMO) corn or other GMO seed types is prohibited on refuge lands. Use of neonicotinoid pesticides (including use in seed coatings) will require advance approval in the 2015 farming year, and will be prohibited in 2016 and later years. All seed must be paid for by the contractor.

Equipment:

All farming equipment is to be provided by the contractor, including tractors, discs, seeders, combines, etc.

Above ground irrigation pivots must also be provided by the contractor. Contractor must provide the labor and cost to transport irrigation pivots to the site and install and maintain them. Unless otherwise specified in the specific statement of work addendum, the Service shall be responsible for major maintenance and replacement of Service-owned real property over $5,000 (pumps, electric panels, wiring and underground pipe). In the event of failure of the pump system or other facilities and equipment where the major maintenance or replacement responsibility rests with the Service, which the Service is unable to make prompt repairs or replacement because of the priorities or fund limitations, the contractor may make repairs at his own expense. This in no way obligates the Service to reimburse the contractor and no obligation to the contractor is given or implied. The Service shall in no way guarantee operation of irrigation systems, nor be responsible for loss of a portion of or all crops because of failure of any part of irrigation systems including pumps, pivots, wheel lines, mainline, poser supply, water supply, etc.

Pest Management:

The Fish and Wildlife Service maintains a high standard for the chemicals allowed on Refuges. Each chemical must undergo a complete review by refuge wildlife biologists and must be approved for use on site. All pesticides must be paid for by the farmer.

No pesticides shall be applied without prior approval of the COR. Any aerial pesticide applications and restricted use pesticides may require Washington, D.C. approval and are unlikely to be approved.

Solicitation No. F15PS00007 Page 4 of 49

Applications must be in accordance with State and Federal pesticide laws and Service policy. Any unauthorized application of pesticides can be grounds for termination of the contract. A report for each pesticide used, the amounts used, area (acreage) treated and number of treatments shall be provided to the COR by December 1 of the award year (post-harvest).

Use of neonicotinoid pesticides (including use in seed coatings) will require advance approval in the 2015 farming year, and will be prohibited in 2016.

All applications of pesticides shall be made by licensed applicators.

Integrated Pest Management, including but not limited to crop rotation, hand and mechanical removal, biological controls, and use of certain chemicals will be required as practical.

The hazing of wildlife by the contractor is prohibited unless explicitly approved by the COR. Hazing includes any activity or device that is employed to discourage use of an area by wildlife. Under special circumstances where hazing is determined by the Refuge Manager to have wildlife or resource benefit, hazing may be approved by the COR.

Facility Use:

Farm fields and working areas shall be kept clean - bailing wire/twine, pesticide and fertilizer containers, and other associated farming debris will be removed immediately from the Refuge.

All baled hay must be removed from the Refuge no later than November 1 of the year of the contract.

The staging or storing of equipment or other property by the Contractor on the Refuge is prohibited, except for approved use that is specifically necessary for the fulfillment of this contract. All farming equipment/supplies shall be removed from refuge lands no later than November 1 of the year of the contract.

Any damage to Refuge property by the Contractor shall be repaired within a reasonable amount of time, as negotiated with the Refuge Manager, and at the full expense of the Contractor.

Vehicular travel by the contractor on agricultural fields and Refuge-approved roads will be restricted to official purposes. All access (foot, vehicle or equipment) by the contractor during public hunting seasons is prohibited without prior approval by the Refuge Manager, except use of public access roads.

The Contractor’s use of the described land is limited to the agricultural purposes indicated and does not, unless provided for in the contract, allow him/her to restrict other authorized entry to, or use of, this area, including activities by the Service necessary for 1) protection and maintenance of the premises and adjacent lands administered by the Service and 2) the management of wildlife and fish using the premises and other Service lands.

Reporting:

The Refuge manager must be apprised, through the COR, of any and all actions taking place within the farm lands. Annual reports of chemicals (pesticides) used, fertilizers used, water use, and crop yields will be required.

Pre-season Report to COR information on weed treatment, soil preparation, soil tillage, seeding of crops Mid-season Report to COR Ongoing weed treatments, chemical fertilizers, daily irrigation monitoring Post-season Report to COR all crop harvest, post season mowing of the Refuge’s share of the crop

Solicitation No. F15PS00007 Page 5 of 49

The contractor will provide the following information to the Refuge Manager (via a

Contractor’s Farming Report) by December 1st of each year:

a. Field, soil test results, fertilization type and rate.

b. Field, planting date, harvest date, yield.

c. Field pesticide usage including field, pest, product, rate, date and method of application.

d. Field and water usage

Period of Performance Farming will occur during the 2015 growing season from February 2015-February 2016

See SOW addendums for each specific tract as well.

D - Packaging and Marking (Not Used)

E - Inspection and Acceptance (See individual SOW Addendums for each tract or field)

F - Deliveries or Performance

1452.211-70 TERM OF AWARD (NOV 2007)

The period of performance of this award shall be four (3) years from date of award plus 2 option years.

The period of performance of this award shall be one (1) year from date of award. The Service reserves the right to exercise the option to extend the period of performance for four (4) additional one (1) year periods.

The total duration of this award, including the exercise of any options shall not exceed sixty (60) months.

If the award includes FAR 52.217-08, Option to Extend Services, the total duration of this award, if that clause is invoked, is sixty-six (66) months.

G – Purchase Order Administration Data

Clauses

CONTRACTING OFFICER'S REPRESENTATIVE DEFINITION

G1.0 CONTRACTING OFFICER’S REPRESENTATIVE

The “Contracting Officer’s Representative (COR)” is the on-the-ground representative for the Contracting Officer that monitors and enforces the terms and conditions of the contract.

G.2.0 PROJECT INSPECTOR DEFINITION

“Project Inspector” is the designated Government personnel that perform the on-the-job Government inspection of work accomplished by the Contractor.

G.3.0 RESPONSIBILITIES OF THE CONTRACTING OFFICER'S REPRESENTATIVE AND

PROJECT INSPECTOR

G.3.1 The COR’s authorities and responsibilities are defined in the COR’s Designation Letter. The COR is authorized to clarify technical requirements, and to review and approve work which is clearly

Solicitation No. F15PS00007 Page 6 of 49 within the scope of work. The COR is NOT authorized to issue changes or modify the scope of work in any way.

G.3.2 The Project Inspector is responsible for verifying the Contractor’s compliance with the technical specifications, drawings, work schedule, and labor provisions at the site of the work.

G 4.1 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM April 2013

(a) The US Fish and Wildlife Service (FWS) will submit an electronic record of contractor performance on this contract in the Past Performance Information Retrieval System (PPIRS) at http://www.ppirs.gov. The FWS has implemented the Contractor Performance Assessment Reporting System (CPARS) to submit records to PPIRS. One or more past performance evaluations will be conducted on this contract in order to record contractor performance.

(b) The past performance evaluation process is a paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) The Contractor (you) must furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to past performance evaluation(s) for this contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the FWS Assessing Official. The report information must at all times be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/.

The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may also be found at this site.

(e) Within 60 days after the end of a performance period, the FWS Assessing Official (AO) for the contract will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in CPARS and your comments must focus on objective facts in the AO's rating, narrative and your performance of the contract. In addition to the ratings and supporting narratives, review the accuracy of all information in the evaluation, as it includes key fields that will be used by the Government to identify the Contractor in future source selection actions. If you elect not to provide comments, acknowledge receipt of the evaluation by indicating "No comment" in Block 22 along with signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason the form cannot be viewed and/or submitted through CPARS, contact the AO for instructions.

(2) Strictly control access to the evaluation within your organization, and ensure the evaluation is never released to persons or entities outside of their control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

http://www.ppirs.gov/ http://www.cpars.csd.disa.mil/ http://www.cpars.csd.disa.mil/

Solicitation No. F15PS00007 Page 7 of 49

(g) If you wish to discuss a past performance evaluation, send a request in writing to the AO no later than seven days following the date the FWS submits an evaluation to CPARS.

(h) If the parties cannot resolve any disagreement in the content of the past performance evaluation, the original evaluation as well as your comments will be referred to the Reviewing Official (RO). The RO will make a final determination on the performance evaluation.

(i) The completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting future source selection actions after it has been finalized.

(End of clause)

H - Special Requirements

H.1.0 Project Management

The Contractor shall have a competent Project Manager identified for this contract, to supervise all phases of the contract, for the duration of on-site performance and until final inspection and acceptance. The Project Manager shall have the authority to act for the Contractor and his/her name shall be submitted in writing to the Contracting Officer. The Contractor shall be responsible for the actions of the Project Manager who is acting in his behalf. Notification of deficiencies and problems, made to the Project Manager by the Government, shall effectively be notice to the Contractor of those deficiencies and problems.

H.2.0 Special Requirements

1. Rights of Entry

The Contractor shall obtain all necessary permission and permits to enter private property as necessary to perform this work. The Contractor shall assume responsibility for damage to property as a result of its actions in performing work under this contract.

2. Damages

a. The Contractor shall assume all risks of injury to persons or property in connection with the performance of work under this purchase order and shall indemnify and save harmless the Government against all claims, causes of action, cost and expense, because of bodily injuries or death or damages to property arising from work activities of the Contractor.

b. The Contractor shall not cut, remove, or knock down fences or leave any gate open without specific permission of the land owner or person in charge of the property.

c. The Contractor shall not use any materials which are poisonous or hazardous to animals.

d. The Contractor shall exercise extreme care so as to prevent the start or spread of fire and to prevent any damage to property. The Contractor shall leave the property as undisturbed as possible prior to departure.

3. Accident Prevention

a. The Contractor shall, at all times, exercise reasonable precautions and provide for protecting the lives and health of employees and other persons in the performance of work

Solicitation No. F15PS00007 Page 8 of 49 under this contract. Specifically, the Contractor shall comply with all applicable provisions of federal, state, local, safety, health, and sanitation laws, codes and regulations.

b. The Contractor shall maintain an accurate record of and shall report to the Contracting Officer in the manner and on forms prescribed by the Contracting Officer, all causes of death, occupational diseases, traumatic injuries, lost-time accidents, or damage to property arising out of or in the course of employment incidental to performance of the work under this contract.

4. Clean-Up

a. The Contractor shall remove all flags, markers, stakes, rubbish, unused material, and any other materials belonging to the Contractor or used under the Contractor's direction during the performance of work under this contract.

5. Subcontracts (Reference Clause 52.244-2)

a. The Contractor shall not, without prior written approval by the Contracting Officer, enter into any subcontract for any portions of the work directed by this purchase order.

b. The Contracting Officer's approval of a subcontract will not in any way relieve the Contractor of full responsibility for satisfactory completion of all work directed under this purchase order.

c. The Contractor shall be responsible for subcontractor compliance with all applicable requirements of this purchase order.

d. No contractual relationship shall be created between the Government and the Contractor's subcontractors.

6. Meetings and Progress Reports

a. During the execution of field operations under this contract, the Contractor shall meet periodically with the Contracting Officer or the COR at the site at mutually agreed times. The purpose of the meetings is to obtain informat ion on the progress of the field work.

b. The Contractor shall submit periodic reports as specified in Section C summarizing pre-season, season, and post-season work.

c. Progress reports will be submitted by the COR and/or Project Leaders on an as needed basis.

7. Special Instructions

a. Accuracy - The Contractor's attention is directed to the fact that the precision, accuracy, and completeness of the work called for by this purchase order is essential.

The detailed requirements of the purchase order will be rigidly interpreted and applied in determining the acceptability of the field work accomplished, monuments 'set' and referenced, and data delivered.

b. Performance of Work by the Government - Nothing in this purchase order shall be construed or interpreted to prohibit or restrict the Government's right to have Government employees perform work of the type covered by this purchase order.

8. Ordering

Solicitation No. F15PS00007 Page 9 of 49

The Contracting Officer is the only person authorized to order work under this contract.

9. Not-To-Exceed Cost Agreement

a. Prior to the issuance of a change order under this purchase order pursuant to 52.212- 4c, the Contracting Officer may solicit from the Contractor written agreement as to (i) the monetary adjustment (maximum increase or minimum decrease) to be made to the purchase order or (ii) adjustment in the delivery schedule (or time of performance) by reason of the change. The Contracting Officer may also solicit such agreement on limitations to the adjustments of any other provisions of the purchase order which may be subject to equitable adjustment by reason of the change. Any such written agreement shall then be cited in the change order, and upon its issuance shall be a binding part of the contract. In no event shall the definitive equitable adjustment exceed the limitations so established. Except with respect thereto, nothing contained herein shall affect the rights of the parties to the equitable adjustment by reason of the change, pursuant to the Changes clause.

b. With respect to changes for which the purchase order is to be adjusted, the

Contractor shall submit a not-to-exceed amount as required above.

H.2.0 Work Hours (No restrictions)

H.3.0 ENVIRONMENTAL INTERRUPTION OF WORK

The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. The count of contract time will continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

H.4.0 Not Used

H.5.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

H.5.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal project.

H.5.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

H.5.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and price shall be adjusted in accordance with the applicable clauses in the Clauses Section of this contract.

H.5.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

H.6.0 Not used

Solicitation No. F15PS00007 Page 10 of 49

H.7.0 Proposed Key Personnel

Unless specifically deleted in writing by the Contracting Officer at time of award, any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials are hereby incorporated into the purchase order resulting from the solicitation, and performance shall be limited to individuals, qualifications, firms, procedures, and materials that were specifically identified in proposals or agreed to in negotiations. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes.

H.8.0 Environmental Impact

All waste materials generated by any work under the purchase order performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C.

Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

H.9.0 Hazardous Materials

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a modification may be required, subject to equitable adjustment under the terms of the contract.

H.10.0 Unauthorized Personnel

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to areas outside of the immediate work area; excluding direct haul and access routes is prohibited. Circulation of said personnel will be limited to official business only.

Persons in violation of the above will be apprehended and appropriately disciplined.

H.11.0 Wage Rates

Upon acceptance and execution of an award, applicable wage determination in accordance with the Service Contract Act shall apply and will be included when required.

INDEMNIFICATION

The contractor is an 'independent contractor' and shall obtain all necessary insurance to protect himself from liability arising out of this contract.

The contractor hereby agrees to indemnify and hold the Government harmless in connection with, any loss or liability from damage to or destruction of property or from injuries to or death of persons (including the agents and employees of both parties) if such damage, destruction, injury or death arises out of, or is caused

Solicitation No. F15PS00007 Page 11 of 49 by performance of work under this contract, unless such damage, destruction, injury or death is caused solely by the negligence of the Government, its agents or employees. The contractor agrees to include this clause, appropriately modified, in all subcontracts to be performed under this contract.

(End of Clause)

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

LSM 1452.237-80 SAFETY, REGULATIONS, LAWS TO BE OBSERVED (NOV 2007)

(a) The Contractor, its employees, and its subcontractors and employees shall abide by all safety rules applicable at the site of the work and shall comply with all applicable laws, ordinances, orders, codes, rules, regulations, etc. The Contractor shall furnish employees, including those of subcontractors, with recognized approved safety equipment, devices, and sanitary facilities and enforce compliance in their use consistent with accepted practices and applicable rules.

(b) The Contractor shall comply with all regulations of the Occupational Safety and Health Act (OSHA) of 1970. The Government shall not be liable for any citations received by the Contractor as a result of failure to comply with applicable OSHA standards.

Solicitation No. F15PS00007 Page 12 of 49

(c) All appropriate Township, County, State, and Federal Regulations, codes, and ordinances shall apply to this Contract. It shall be the Contractor’s sole responsibility to be aware of these regulations and to comply with them. The Government shall not be liable for any citations received by the Contractor.

(d) The Contractor, at all times, shall observe, comply with, and post as required all Federal, State and local laws, ordinances, and regulations in any manner affecting the conduct of the work applying to employees on the project, as well as all orders or decrees which have been or may be promulgated or enacted by any legal bodies or tribunals having authority or jurisdiction over the work, materials, employees, or contract.

(e) The Contractor shall be aware that the Government may request periodic inspections of the Contractor’s operations, facilities and equipment, by any applicable governing regulatory agency.

(f) If the Contractor fails or refuses to promptly comply with any of the requirements of this special provision, the Contracting Officer, or his authorized representative, shall notify the Contractor of the noncompliance and indicate to the Contractor the corrective action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, either oral or written, when served on the Contractor or his authorized representative(s) at the site of the work, shall be deemed sufficient notice of noncompliance and of the need for corrective action.

(g) In the event the Contractor fails or refuses to promptly take corrective action, the Contracting Officer or his authorized representative may issue an order to suspend all or any part of the work. When satisfactory corrective action is taken, an order to resume work will be issued. The Contractor shall not be entitled to any extension of time, nor to any claim for damages or to excess costs by reason of either the directive or the suspension order. Failure of the Contracting Officer or his authorized representative to order discontinuance of any or all of the Contractor’s operations shall not relieve the Contractor of his responsibility for the safety of personnel and property.

(h) Compensation for compliance with any of the above items is to be included in the various items of the Contract for the expense involved.

(End of clause)

1452.237-71 KEY PERSONNEL (NOV 2007)

(a) The following personnel are considered essential to the work being performed hereunder:

Position/Function Name

Lead Farmer, foreman, or owner/operator

[ Offeror fill in names of proposed key personnel, as presented in the technical proposal.]

(b) The Contractor must notify the Contracting Officer prior to any changes in key personnel. The Contractor must provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes must possess qualifications comparable to the original key person, as well as satisfying any minimum standards set forth elsewhere in the solicitation/contract. The Contracting Officer will advise the Contractor as to the acceptability of the proposed substitutes within 15 calendar days after receipt of all required information of the decision on substitutions. The list of key

Solicitation No. F15PS00007 Page 13 of 49 personnel may be modified from time to time during the course of the contract, by mutual agreement of the parties.

(c) If the services performed by key personnel do not conform to contract requirements or jeopardize successful performance of the contract, the Government may require the Contractor to remove the individual within five working days.

Alternate 1:

Substitute the following paragraph (b) when the project start-up period is especially critical or sensitive:

(b) During the first [ CO fill in number of days, default = 180 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. After the initial [CO fill in number of days, default = 180 days], the Contractor must notify the Contracting Officer prior to any changes in key personnel. In all cases, the Contractor must provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes must possess qualifications comparable to the original key person, as well as satisfying any minimum standards set forth elsewhere in the solicitation/contract. The Contracting Officer will advise the Contractor as to the acceptability of the proposed substitutes within 15 calendar days after receipt of all required information of the decision on substitutions. The list of key personnel may be modified from time to time during the course of the contract, by mutual agreement of the parties.

1452.209-70 ORGANIZATIONAL CONFLICT OF INTEREST DISCLOSURE (NOV 2007)

1. Definition. Organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the work is or might be otherwise impaired, or a person has an unfair competitive advantage.

2. Disclosure. By submission of this offer, offeror represents that it is not aware of any information bearing on the existence of any actual or potential organizational conflicts of interest in connection with this solicitation or any resulting contract, except as provided in its disclosure statement. In the disclosure statement, list any potential or actual organizational conflicts of interest. Describe all relevant information concerning any past, present, or planned interests bearing on whether this firm (including its chief executives and directors, any proposed consultants or subcontractors) may have a potential organizational conflict of interest. If no potential or actual conflicts exist, so indicate with a check mark:

____ No potential or actual organizational conflicts of interest are known.

3. Failure to provide the disclosure or representation will be deemed a minor informality (FAR 14.405) and the offeror will be required to promptly correct the omission. Refusal to provide the disclosure or representation and any additional information as required will result in disqualification of the offeror for award.

4. The contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer, which shall include a description of the action which the contractor has taken or proposes to take to avoid, eliminate, or neutralize the conflict. The Government may, however, terminate the purchase order for the convenience of the Government if it would be in the best interests of the Government.

Solicitation No. F15PS00007 Page 14 of 49

5. In the event that the contractor was aware of organizational conflict of interest prior to the award of this purchase order and failed to disclose the conflict to the Contracting Officer, the Government may terminate the purchase order at no cost to the Government.

6. If the Contracting Officer determines that a potential or actual conflict exists, the offeror will not receive an award unless the conflict can be avoided or otherwise resolved through the inclusion of a special clause or other appropriate means. The terms of any special clause are subject to negotiation. Offerors should refer to FAR Subpart 9.5 for policies and procedures for avoiding, neutralizing, or mitigating organizational conflicts of interest.

DOI AGENCY PROTESTS Agency Protests

(a) Interested parties may request an independent review at a level above the Contracting Officer of protests filed directly with the agency. This review is available as an alternative to consideration of the protest by the Contracting Officer or as an appeal of the Contracting Officer's response to the protest. An interested party may:

(1) Protest to the Contracting Officer;

(2) Protest directly to the Bureau Procurement Chief without first protesting to the Contracting Officer; or

(3) Appeal a contracting officer’s decision to the Bureau Procurement Chief.

(b) Requests for Bureau Procurement Chief review should be addressed to:

KRISTIN YOUNG, BUREAU PROCUREMENT CHIEF

US FISH AND WILDLIFE SERVICE - CGS

5275 LEESBURG PIKE,

FALLS CHURCH, VIRGINIA 22041

(c) Requesting independent agency review will not extend the Government Accountability Office’s (GAO’s) timeliness requirements. Any subsequent protest to the GAO must be filed within ten days of knowledge of initial adverse agency action (see 4 CFR 21.2(a)(3).)

(End of Clause)

I - Contract Clauses

Clauses

52.203-13 Contractor Code of Business Ethics and Conduct. (APR 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)

52.204-13 System for Award Management Maintenance. (JUL 2013)

(a) Definitions. As used in this clause-

Solicitation No. F15PS00007 Page 15 of 49

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

Data Universal Numbering System+4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

Registered in the System for Award Management (SAM) database means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes-

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications…