Solicitation, Offer and Award s1

SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF UNDER DPAS (15 CFR 700) 1 48 PAGES 2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE SEALED BID (IFB) NUMBER AG-24H8-S-13-0008 02/11/2013 NEGOTIATED (RFP) 7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7) Northeast Acquisition Team, 4 Farm Colony Drive, Item 7, Attention: Melissa Conn Warren, PA 16365 No faxed or emailed offers. NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". SOLICITATION 9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Reception area until 4:30 pm ET local time 03/13/2013 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. 10. FOR B. TELEPHONE NO. (NO COLLECT A. NAME C. E-MAIL ADDRESS INFORMATION CALLS)Area Code/Number/Extension CALL: Melissa Conn 814-728-6241 [email protected] 11. TABLE OF CONTENTS (X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S) PART I - THE SCHEDULE PART II - CONTRACT CLAUSES x A SOLICITATION/CONTRACT FORM 1 x I CONTRACT CLAUSES 27-33 x B SUPPLIES OR SERVICES AND PRICES/COSTS 2-4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH. x C DESCRIPTION/SPECS./WORK STATEMENT 5-7 x J LIST OF ATTACHMENTS 34 x D PACKAGING AND MARKING 8 PART IV - REPRESENTATIONS AND INSTRUCTIONS E x INSPECTION AND ACCEPTANCE 9-16 x K REPRESENTATIONS, CERTIFICATIONS AND 35-41 x F DELIVERIES OR PERFORMANCE 17 OTHER STATEMENTS OF OFFERORS x G CONTRACT ADMINISTRATION DATA 18 x L INSTRS., CONDS., AND NOTICES TO OFFERORS 42-46 x H SPECIAL CONTRACT REQUIREMENTS 19-26 x M EVALUATION FACTORS FOR AWARD 47-48

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period. 12. In compliance with the above, the undersigned agrees, if this offer is accepted within 60 calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. 13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) % % % % 14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated): 15A. CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN NAME AND OFFER (Type or Print) ADDRESS OF OFFEROR 15C. CHECK IF REMITTANCE ADDRESS 18. OFFER DATE 17. SIGNATURE 15B. TELEPHONE NO. (Include area IS DIFFERENT FROM ABOVE - ENTER code and extension) SUCH ADDRESS IN SCHEDULE. AWARD (To be completed by Government) 19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253(c) ( 5 ) (4 copies unless otherwise specified) 24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE Melissa Conn (Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice. AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV.9-97) Prescribed by GSA - FAR (48 CFR) 53.214(c) Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 2 of 48

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

Green Mountain National Forest – South Half Treatment type Unit Base Option Option Option Option Year Year 1 Year 2 Year 3 Year 4 Broadcast spray Acre Repetitive mowing and weed- Acre whipping Foliar spot spray to treat herbaceous Acre plants Foliar spot spray to treat woody Acre plants Herbicide application to aquatic Acre NNIP Cut stump herbicide application to Acre treat woody plants, using hand or chain saws Cut stump herbicide application to Acre treat woody plants, following mastication of all woody material, with herbicide applied to NNIP cut stumps On-site chipping of all treated woody Acre material after treatment (e.g., after pulling, digging, or cut stump herbicide) Basal bark or frill application to treat Acre woody plants Stem injection (e.g., for Japanese Acre knotweed) Manual (pulling, digging, root 0.1 acres stabbing, etc.) herbaceous plants Manual/ mechanical (pulling, 0.1 acres digging) woody plants Manual followed by foliar spot spray 0.1 acres (e.g., for Japanese knotweed) Physical (e.g., covering plants with a Square Foot tarp, or placing a bottom barrier over aquatic plants) Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 3 of 48

Green Mountain National Forest – North Half Treatment type Unit Base Option Option Option Option Year Year 1 Year 2 Year 3 Year 4 Broadcast spray Acre Repetitive mowing and weed- Acre whipping Foliar spot spray to treat herbaceous Acre plants Foliar spot spray to treat woody Acre plants Herbicide application to aquatic Acre NNIP Cut stump herbicide application to Acre treat woody plants, using hand or chain saws Cut stump herbicide application to Acre treat woody plants, following mastication of all woody material, with herbicide applied to NNIP cut stumps On-site chipping of all treated woody Acre material after treatment (e.g., after pulling, digging, or cut stump herbicide) Basal bark or frill application to treat Acre woody plants Stem injection (e.g., for Japanese Acre knotweed) Manual (pulling, digging, root 0.1 acres stabbing, etc.) herbaceous plants Manual/ mechanical (pulling, 0.1 acres digging) woody plants Manual followed by foliar spot spray 0.1 acres (e.g., for Japanese knotweed) Physical (e.g., covering plants with a Square Foot tarp, or placing a bottom barrier over aquatic plants)

Additional Contractor Notes:

Contractor must be registered in www.sam.gov. Obtaining a DUNS number and registering in SAM is free.

There is a pre-bid conference call on Friday February 22, 2013 at 9 am ET. Phone in number is 888-858-2144 and participant access code is 7365941. The solicitation will be reviewed and questions will be answered at this time.

This contract will require registration in CPARS, a performance rating system. Details will be provided upon award. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 4 of 48

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) Contract. The Forest Service expects to award two IDIQ contracts from this solicitation although more than two may be awarded if it advantageous to the government. Task Orders for identified work shall then be competed between the contractors receiving an IDIQ contract award from this solicitation (exceptions to competition in section C.5).

You must submit pricing for all items and areas, including all option years. The schedule has been broken into North and South areas (see maps) so that distance can be factored into your prices. The pricing offered is considered by the Forest Service to be contractually binding unit ceiling pricing. If a contract is awarded, based on this pricing; the Contractor is bound to this offered pricing as the maximum pricing that can be offered when a task order is solicited. When offering a task order proposal, the IDIQ Contractor can elect to offer less than the contractually established ceiling pricing; however, this reduction is only in effect for that specific task order solicitation/issued task order, and does not constitute a contractual change to the unit ceiling pricing.

Price will be evaluated by multiplying each price by 1 unit and adding all items and years together.

452.216-73 Minimum And Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,500 but not in excess of $500,000. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 5 of 48

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

AGAR 452.211-72 Statement Of Work/Specifications (FEB 1988)

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

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988)

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

Description/Specifications/Statement of Work

C.1 Introduction The Green Mountain National Forest (GMNF) seeks to enter into a Performance Based Service Contract (PBSC) for forest-wide control of nonnative invasive plants (NNIP) using a combination of manual, mechanical, physical, and chemical treatments. The GMNF is divided into two administrative units: the North and South Halves of the GMNF in Vermont (VT).

C.2 Background

The GMNF administers over 400,000 acres in southwestern and central VT, comprising the South Half and the North Half of the Forest, respectively. The GMNF includes 900 miles of perennial streams and a large number of intermittent or seasonal streams, plus close to 400 bodies of water, about half at least an acre in size, but only 30 that are 10 or more acres in size. Private land parcels are scattered throughout the GMNF boundary. Both administrative units include a variety of upland and wetland habitats, including both forested and open lands.

The primary objective is to eradicate, reduce, or contain NNIP, thereby minimizing the threat to native plant communities, sensitive wildlife and fish habitats, rare species and their habitats, and recreational activities and reducing their economic impact. To accomplish this objective, the Forest Service uses an integrated pest management (IPM) approach, as required by the Green Mountain National Forest Land and Resource Management Plan (available on line at http://www.fs.usda.gov/land/greenmountain/landmanagement), as well as the environmental assessment (EA) done for invasive plant control on GMNF (available on line at http://www.fs.fed.us/nepa/nepa_project_exp.php?project=26620). Potential bidders are encouraged to browse the Land and Resource Management Plan and the invasive plant control environmental assessment.

Invasive plant control activities will be conducted along disturbance corridors (e.g. roads, trails, fence lines, and riparian corridors), at disturbed sites (e.g. timber harvest units and maintained openings), and in relatively undisturbed places (e.g. forest interiors and wetlands), as well as in ponds. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 6 of 48

C.3 Scope of Work

Work will be accomplished through task orders (TO), issued against an indefinite delivery, indefinite quantity (IDIQ) contract. IT IS THE INTENT TO HAVE MULTIPLE IDIQ CONTRACTORS WHO WILL COMPETE FOR EACH TASK ORDER. The awarded contract and TO shall constitute the entire agreement including all terms and conditions applicable to the contract.

The contractor shall provide all expertise, labor, supervision, services, herbicides, carriers or adjuvants, dyes or other herbicide markers, materials, equipment, tools, supplies, transportation, licenses, permits, worker personal protective equipment (PPE), and incidentals necessary to perform the required work, for which the desired outcome is in strict accordance with this contract and the standards attached to each TO. The PBSC Statement of Work (SOW) shall consist of completing the ordered tasks to the Acceptable Quality Level (AQL) required in section E.

Each TO will involve work that may include manual, mechanical, physical, chemical, or biological controls, or a combination of these. Infestations of NNIP to be treated include trees, shrubs, vines, and herbaceous plants, including aquatic NNIP. Some cut, pulled or dug plants may be able to be left on site, but most must be piled, chipped on site, or removed from the site and disposed of in a manner that prevents dispersal of viable plant material.

C.4 General Project Description and Specifications

Nonnative invasive plants needing treatment are in the attachment, “J1_GMNF NNIP List 2013”.

Task orders requesting specific NNIP to be treated using specific methods at specific sites will be developed by the Forest Service by following the Decision Guide developed as part of the environmental assessment. This Decision Guide is in this attachment: “J2_GMNF NNIP Treatment Decision Guide”. Potential bidders are encouraged to read this document. Please note that, although prescribed fire (including the use of weed torches), biocontrol, and domestic grazing are discussed in the decision guides, they are not part of this contract.

Methods that will be used for NNIP treatment are in the attachment, “J3_Methods and Specifications Contractors GMNF”. Many method-specific required specifications are included in this document. Additional required specifications are in the attachment, “J4_GMNF Design Criteria Contractors”.

Maps showing the location North Half (J5) and South Half (J6) are also attached. The Service Contract Act Wage Determination (J7) is attached that indicates pay and fringe requirements for service employees on this contract. An updated determination will be issued with each task order award.

C.5 Task Order Issuance

As mentioned in section C.3, TOs will be issued for each project. The Forest Service will normally compete each TO amongst the group of IDIQ contractors; however, the Forest Service can elect to issue a TO without competition. Reasons for not competing an order include: 1) meeting the contract minimum guarantee, 2) new work that ties directly with work previously completed by one of the IDIQ contractors, or 3) an emergency situation. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 7 of 48

Each TO that is competed will be done as best value, to include price, past performance, and a technical submission. The technical submission will include a draft Work Plan, Schedule, and Safety Plan. The draft Work Plan and Schedule should include a start date, production rate, completion date, labor, and equipment and personnel list. The Contractor shall demonstrate the ability to complete all tasks for completion of the work required by this Contract.

If issued the TO, the Contractor will then submit a final site-specific Work Plan, Schedule, and Safety Plan for approval by the COR. The approved Work Plan and Schedule will indicate how the Contractor intends to meet the required Acceptable Quality Level (AQL) values, as referenced in the Quality Assurance Plan, as well as the contract specifications. The Work Schedule will provide dates of work for each Contract Line Item Number (CLIN) addressed in the TO, to include completion of all work before the required final date specified. The Contractor shall inform the COR of completion of each TO line item. The Work Plan for the awarded TO shall include any changes in values or proposed chemicals differing from the initial Work Plan, and the Contractor will inform the COR of any relevant changes to the technical specifications when performing work under the TO.

C.6 Biobased & Recycled Content Products

Although no products have been specifically identified for use on this project, the government encourgages the use of supplies and materials that are of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to http://www.biopreferred.gov/bioPreferredCatalog/faces/jsp/catalogLanding.jsp

For more information regarding Environmental Protection Agency list of designate products to http:// www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 8 of 48

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section} Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 9 of 48

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

AGAR 452.246-70 Inspection and Acceptance (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project location.

PERFORMANCE-BASED SERVICE CONTRACT (PBSC) REQUIREMENTS Since this is a Performance Based Service Contract, inspections will be performed to be sure work is done in accordance with the contract and product specifications and also to be sure that the desired outcome is achieved. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 10 of 48

Quality Assurance Plan Green Mountain National Forest – North and South Half Treatment Quality Monitoring Acceptable Monitoring Incentive Disincentive type standards method Quality method (QS) Level(AQL) Broadcast ≥ 95% target Visual ≥ 85% target Visual Contractor Contractor spray infestation during or infestation during will will rework treated immediately killed treatment receive an at their own according to after and after incentive cost if QS contract and treatment adequate (bonus) of and/or AQL manufacture time for 3% (based are not met r specs herbicide on task and receive effect to be order line a 3% observed item deduction price) if (based on both the task order QS and line item the AQL price) to are met cover the cost of re- inspection.

Repetitive ≥ 95% target Visual ≥ 95% target Visual Contractor Contractor mowing and infestation during or infestation during or will will rework weed- treated immediately treated immediately receive an at their own whipping according to after after incentive cost if QS contract/TO treatment treatment (bonus) of and/or AQL specs 3% (based are not met on task and receive order a 3% price) if deduction both the (based on QS and task order AQL are line item met price) to cover the cost of re- inspection Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 11 of 48

Quality Assurance Plan Green Mountain National Forest – North and South Half Treatment Quality Monitoring Acceptable Monitoring Incentive Disincentive type standards method Quality method (QS) Level(AQL) Foliar spot ≥ 95% target Visual ≥ 85% target Visual, after Contractor Contractor spray to treat infestation during or infestation adequate will will rework herbaceous treated immediately killed AND < time for receive an at their own plants after 10% herbicide incentive cost if QS treatment mortality to effect to be (bonus) of and/or AQL non-target observed 3% (based are not met plant species on task and receive order a 3% price) if deduction AQL is met (based on task order line item price) to cover the cost of re- inspection. Foliar spot ≥ 95% target Visual ≥ 85% target Visual, after Contractor Contractor spray to treat infestation during or infestation adequate will will rework woody plants treated immediately killed AND < time for receive an at their own after 10% herbicide incentive cost if QS treatment mortality to effect to be (bonus) of and/or AQL non-target observed 3% (based are not met plant species on task and receive order a 3% price) if deduction AQL is met (based on task order line item price) to cover the cost of re- inspection Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 12 of 48

Quality Assurance Plan Green Mountain National Forest – North and South Half Treatment Quality Monitoring Acceptable Monitoring Incentive Disincentive type standards method Quality method (QS) Level(AQL) Herbicide All contract & Review of ≥ 85% target Visual, after Contractor Contractor application to task orders herbicide infestation adequate will will rework aquatic NNIP met application killed time for receive an at their own records herbicide incentive cost if QS effect to be (bonus) of and/or AQL observed 3% (based are not met on task and receive order a 3% price) if deduction AQL is met (based on task order line item price) to cover the cost of re- inspection Cut stump 100% target Visual 100% target Visual, Contractor Contractor herbicide infestation during or infestation during or will will rework application to treated immediately treated AND immediately receive an at their own treat woody after < 5% after work incentive cost if QS plants, using treatment mortality to is complete (bonus) of and/or AQL hand or chain non-target 3% (based are not met saws plant species on task and receive AND all T.O. order a 3% specifications price) if deduction followed AQL is met (based on task order line item price) to cover the cost of re- inspection Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 13 of 48

Quality Assurance Plan Green Mountain National Forest – North and South Half Treatment Quality Monitoring Acceptable Monitoring Incentive Disincentive type standards method Quality method (QS) Level(AQL) Cut stump ≥ 95% target Visual 100% target Visual, Contractor Contractor herbicide infestation during or infestation during or will will rework application to treated immediately treated AND immediately receive an at their own treat woody after < 5% after work incentive cost if QS plants, treatment mortality is (bonus) of and/or AQL following from completed 3% (based are not met mastication of herbicide to on task and receive all woody non-target order a 3% material, with plant species price) if deduction herbicide AND all T.O. AQL is met (based on applied to specifications task order NNIP cut followed line item stumps price) to cover the cost of re- inspection. On-site ≥ 95% target Visual ≥ 95% target Visual Contractor Contractor chipping of all material during or material during or will will rework treated woody chipped& all immediately chipped immediately receive an at their own material after contract & after after incentive cost if QS treatment task order treatment treatment (bonus) of and/or AQL (e.g., after specifications 3% (based are not met pulling, met on task and receive digging, or cut order a 3% stump price) if deduction herbicide) AQL is met (based on task order line item price) to cover the cost of re- inspection. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 14 of 48

Quality Assurance Plan Green Mountain National Forest – North and South Half Treatment Quality Monitoring Acceptable Monitoring Incentive Disincentive type standards method Quality method (QS) Level(AQL) Basal bark or ≥ 95% target Visual ≥ 90% target Visual, after Contractor Contractor frill application infestation during or infestation adequate will will rework to treat woody treated immediately killed AND < time for receive an at their own plants after 5% mortality herbicide incentive cost if QS treatment from effect to be (bonus) of and/or AQL herbicide to observed 3% (based are not met non-target on task and receive plant species order a 3% price) if deduction AQL is met (based on task order line item price) to cover the cost of re- inspection Stem injection ≥ 95% target Visual ≥ 90% target Visual, after Contractor Contractor (e.g., for infestation during or infestation adequate will will rework Japanese treated immediately killed AND < time for receive an at their own knotweed) after 5% mortality herbicide incentive cost if QS treatment from effect to be (bonus) of and/or AQL herbicide to observed 3% (based are not met non-target on task and receive plant species order a 3% price) if deduction AQL is met (based on task order line item price) to cover the cost of re- inspection. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 15 of 48

Quality Assurance Plan Green Mountain National Forest – North and South Half Treatment Quality Monitoring Acceptable Monitoring Incentive Disincentive type standards method Quality method (QS) Level(AQL) Manual ≥ 95% target Visual ≥ 95% target Visual Contractor Contractor (pulling, infestation during or infestation during or will will rework digging, root treated immediately killed AND < immediately receive an at their own stabbing, etc.) after 5% mortality after incentive cost if QS herbaceous treatment to non-target treatment (bonus) of and/or AQL plants plant species 3% (based are not met on task and receive order a 3% price) if deduction AQL is met (based on task order line item price) to cover the cost of re- inspection Manual/ ≥ 95% target Visual ≥ 95% target Visual Contractor Contractor mechanical infestation during or infestation during or will will rework (pulling, treated immediately killed AND < immediately receive an at their own digging) after 5% mortality after incentive cost if QS woody plants treatment to non-target treatment (bonus) of and/or AQL plant species 3% (based are not met on task and receive order a 3% price) if deduction AQL is met (based on task order line item price) to cover the cost of re- inspection Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 16 of 48

Quality Assurance Plan Green Mountain National Forest – North and South Half Treatment Quality Monitoring Acceptable Monitoring Incentive Disincentive type standards method Quality method (QS) Level(AQL) Manual 100% target Visual ≥ 90% target Visual, after Contractor Contractor followed by infestation during or infestation adequate will will rework foliar spot manually immediately killed AND < time for receive an at their own spray (e.g., for treated & ≥ after 10% herbicide incentive cost if QS Japanese 95% target treatment mortality effect to be (bonus) of and/or AQL knotweed) * infestation from observed 3% (based are not met sprayed herbicide to on task and receive non-target order a 3% plant species price) if deduction AQL is met (based on task order line item price) to cover the cost of re- inspection Physical (e.g., 95% target Visual 95% target Visual Contractor Contractor covering infestation during or infestation during or will will rework plants with a covered & all immediately covered immediately receive an at their own tarp, or contract & after after incentive cost if QS placing a task order treatment treatment (bonus) of and/or AQL bottom barrier specifications 3% (based are not met over aquatic are met on task and receive plants) order a 3% price) if deduction AQL is met (based on task order line item price) to cover the cost of re- inspection

If contractor achieves less than 50% of AQL in any unit after re-work, a 50% deduction in payment will be applied to that unit, unless that outcome is beyond the control of the contractor.

*Payment for manual followed by foliar spot spray will be 90% upon completion of first year of treatment (as long as Quality Standard and AQL have been met for that year – e.g., as soon as you can see the effects of herbicide, which could take about 30 days), and then the remaining 10% after either 1) monitoring the next spring shows no retreatment needed, OR 2) monitoring the next spring shows treatment needed, and they retreat, and they again meet the Quality Standard and AQL. Cost of 1st year treatment and 2nd year monitoring and possible retreatment should be included in total per acre costs on the price schedule in Section B. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 17 of 48

SECTION F--DELIVERIES OR PERFORMANCE

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

52.242.15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

AGAR 452.211-75 Effective Period of the Contract (FEB 1988)

The effective period of performance of this contract is 365-calendar days from the date of contract award.

NOTE: This contract contains option years. As such, the Forest Service may unilaterally exercise additional option periods not to exceed 4 total years. AGAR 452.211-75 reflect base year dates only. In the event that optional years are exercised, the dates cited in the corresponding contract modification will replace these indicated dates.

NOTE: individual task orders will identify the completion date required for each particular task. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 18 of 48

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

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

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

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

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

On all matters that pertain to the contract terms the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 19 of 48

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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 certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

FSAR 4G52.222-702 LABOR STANDARDS FOR CONTRACTS INVOLVING MIGRANT AND SEASONAL AGRICULTURAL WORKERS (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, site preparation, and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 20 of 48

"Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, recordkeeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

(iii) Payments must be made no less frequently than every two weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 21 of 48

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations at 29 CFR 500.105. All drivers must have a current, valid State drivers license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

Worker Housing

Supplement to 4G52.222-702 (d) (4) Add the following to the clause at H.8.2, subparagraph (4) Housing:

(iii) If the contractor is not furnishing worker housing:

Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, which meets all applicable state and federal standards for employee housing.

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the Contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

If the housing site is not located on a National Forest, the site must meet the applicable housing standards in MSPA.

If an exemption from the permit requirement is claimed, the contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 22 of 48

under that law, and identifying a USDOL employee or official who stated or concurred that the accommodations were exempt, citing name, date, and means of communication.

If the housing site is changed after approval by the Contracting Officer, the contractor must provide a new Permit or exemption statement. The above requirements are material conditions of this contract. If the contractor fails to comply, the Government may terminate the contract. In addition, other remedies or penalties prescribed by law may apply

Field Sanitation In accordance with US Department of Labor Fact Sheet No. ESA 97-28 “Field Sanitation Standards” (Ref. 29CFR 1928.110), employers must provide: ► Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees. ► Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary. ► Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize them.

Employees cannot be made to bear the costs incurred by the employer for providing required facilities.

FSAR 4G52.222-703 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT REGISTRATION (DEC 1999)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

4G52.222-704 PERSONAL PROTECTIVE EQUIPMENT (FEBRUARY 2007)

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 23 of 48

necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation.

4G52.222-705 CAMPING PROVISIONS FOR LABOR INTENSIVE CONTRACTS (FEBRUARY 2007)

The following provisions apply to all camping on National Forest lands during performance of this contract:

These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises”, in this contract.

Every structure used as shelter shall provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite shall be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping is permitted within developed recreation sites or along primary recreation roads.

The campsite shall have a clean appearance at all times. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10 calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 24 of 48

Unless otherwise designated by the Contracting Officer, the use of this area is not exclusive, and may be granted to other Permittees, contractors, or recreating public. Disorderly conduct is not permitted. Damaging or removing any natural feature or other property of the Forest Service is prohibited. Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area. Sanitary facilities shall be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, shall be provided and sufficient for the storage of perishable food items. An adequate and convenient potable water supply shall be provided in each camp for drinking and cooking purposes. Toilet facilities adequate for the capacity of the camp shall be provided and supplied with adequate toilet paper. Such facilities shall be serviced and maintained in a sanitary condition. Garbage shall be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

Basic first aid supplies shall be maintained, available, and under the charge of a person trained to administer first aid. The supplies shall include:

Gauze pads (at least 4x4 inches) Two large gauze pads (at least 8x10 inches) Box adhesive bandages (band-aids) One package of gauze roller bandage at least 2- inches wide Two triangular bandages Scissors At least one blanket Tweezers Adhesive tape Latex gloves Resuscitation device such as resuscitation bag, airway, or pocket mask

Any washing of laundry must be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material shall be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

The contractor shall comply with the following fire regulations during fire season:

During the fire season, a shovel, axe or Pulaski, 10- quart pail which is full of water for immediate use, and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required during the fire season.

All fire rings or outside fireplaces must be approved by the Forest Service representative. The area will be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace, and it will not have any overhanging material. Fire rings will be dismantled and material disposed prior to leaving the site. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 25 of 48

All generators and other internal combustion engines must be equipped with US Forest Service approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in (b).

All fuel must be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.

The Forest Service reserves the right to terminate a camping permit at any time.

In accordance with 29 CFR, Part 500-80 Payrolls Records Required, this contract requires: (a) Each farm labor contractor, agricultural employer and agricultural association which employs any migrant or seasonal agricultural worker shall make and keep the following records with respect to each worker including the name, permanent address, and social security number: (1) The basis on which wages are paid; (2) The number of piecework units earned, if paid on a piecework basis; (3) The number of hours worked; (4) The total pay period earnings; (5) The specific sums withheld and the purpose of each sum withheld; and (6) The net pay. (b) Each farm labor contractor, agricultural employer and agricultural association which employs any migrant or seasonal agricultural worker shall preserve all payroll records with respect to each such worker for a period of three years. (c) When a farm labor contractor furnishes any migrant or seasonal agricultural worker, and the farm labor contractor is the employer, the farm labor contractor must furnish the agricultural employer, agricultural association or other farm labor contractor to whom the workers are furnished, a copy of all payroll records required under paragraph (a) of this section which the farm labor contractor has made regarding such worker for that place of employment. The person receiving such records shall maintain them for a period of three years. (d) In addition to making records of this payroll information the farm labor contractor, agricultural employer and agricultural association shall provide each migrant or seasonal agricultural worker employed with an itemized written statement of this information at the time of payment for each pay period which must be no less often than every two weeks (or semimonthly). Such statement shall also include the employer’s name, address and employer identification number assigned by the Internal Revenue Service. The responsibility does not require needless duplication such as would occur if each provided the worker with a written itemized statement for the same work.

452-237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Work Leader or Site Supervisor.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 26 of 48

After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 27 of 48

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

52.202-1 Definitions (JAN 2012) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (OCT 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

52.204-99 System for Award Management Registration (AUG 2012) (DEVIATION)

52.204-7 Central Contractor Registration (DEC 2012) 52.204-13 Central Contractor Registration Maintenance (DEC 2012) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (AUG 2012) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (JAN 2011) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (APR 2012) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-17 Nondisplacement of Qualified Workers (JAN 2013) 52.222-20 Walsh-Healy Public Contracts Act (OCT 2010) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-25 Affirmative Action Compliance (APR 1984) 52.222-26 Equal Opportunity (MAR 2007) 52.222-35 Equal Opportunity for Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010)) 52.222-37 Employment Reports Veterans (SEP 2010) 52.222-40 Notification of Employee Rights Under Labor Relations Act (DEC 2010) 52.222-41 Service Contract Act of 1965, as Amended (JUL 2007) Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 28 of 48

52.222-43 Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) 52.222-50 Combating Trafficking in Persons (FEB 2009)) 52.222-54 Employment Eligibility Verification (JUL 2012) 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) Alt 1 (JUL 1995) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2011) 52.225-1 Buy American Act – Supplies (FEB 2009) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-11 Extras (APR 1984) 52.232-17 Interest (OCT 2010) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) Alt 1 (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.244-2 Subcontracts (OCT 2010) 52.244-6 Subcontracts for Commercial Items (JAN 2011) 52.246-25 Limitation of Liability—Services (FEB 1997) 52.248-1 Value Engineering (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237.75 Restrictions Against Disclosure (FEB 1988) Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 29 of 48

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from April 1, 2013 through March 31, 2018.

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

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

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor— (1) Any order for a single item in excess of $60,000 (2) Any order for a combination of items in excess of $75,000; or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in Section B up to and including the quantity designated in the Section B as the “maximum.” The Government shall order at least the quantity of supplies or services designated in Section B as the “minimum.” Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 30 of 48

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after December 31, 2018.

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (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

GS-7 Forestry Technician $18.59/hour, plus fringes

GS-4 General Forestry Laborer $13.41/hour, plus fringes

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

Funds are not presently available for performance under this contract beyond September 30 of each year. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of each year until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 31 of 48

52.246-20 Warranty of Services (May 2001)

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

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

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

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

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

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

452.228-71 Insurance Coverage (NOV 1996)

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

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

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

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on t he comprehensive form of policy. The policy shall provide for bodily injury and property dama ge liability covering the operation of all automobiles used in connection with performing the co Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 32 of 48

ntract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occur rence for property damage. (d) Air craft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS ALT 1 (DEVIATION 2012-01) (FEB 2012)

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

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

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

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

FAR 52.252-6 Authorized Deviations in Clauses

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

(b) The use in this solicitation or contract of any Department of Agriculture Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 33 of 48

Order of Precedence—Uniform Contract Format Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications) (2) Representations and Other Instructions (3) Contract Clauses (4) Other Documents, Exhibits, and Attachments (5) The Specifications (6) Drawings Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 34 of 48

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

J1_GMNF NNIP List 2013 J2_GMNF NNIP Treatment Decision Guide J3_Methods and Specifications Contractors J4_GMNF Design Criteria Contractors J5_North Half Map J6_South Half Map J7_Service Contract Act Wage Determination (1981-0213 dated 09/07/2012) Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 35 of 48

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address: U. S. Department of Labor VETS-100 Reporting 4200 Forbes Blvd., Suite 202 Lanham, MD 20703 Telephone: (301) 306-6752 Website: www.vets100.cudenver.edu Reporting Questions: [email protected] Reporting Verification: [email protected]

52.204-8 Annual Representations and Certifications (DEC 2012)

(1) The North American Industry classification System (NAICS) code for this acquisition is 115310.

(2) The small business size standard is $7 million average annual income.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_x] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 36 of 48

(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010,or 2012.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 37 of 48

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 38 of 48

(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-- Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

___ (i) 52.219-22, Small Disadvantaged Business Status.

___ (A) Basic.

___ (B) Alternate I.

___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

___ (iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

___ (vi) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 39 of 48

___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov . After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

52.209-7 Information Regarding Responsibility Matters (FEB 2012)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite- delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 40 of 48

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c) (1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c) (1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

AGAR 452.209-70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION ALT 1 (DEVIATION 2012-01) (FEB 2012)

(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 41 of 48

including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have 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. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 42 of 48

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.215-1 Instructions to Offerors--Competitive Acquisition (JAN 2004) 52.216-27 Single or Multiple Awards (OCT 1995) 52.237-1 Site Visit (APR 1984)

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

452.204-70 Inquiries (FEB 1988)

FAR 52.216-1 Type of Contract (APR 1984)

The Government contemplates award of Indefinite Delivery Indefinite Quantity contract resulting from this solicitation.

FAR 52.233-2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Contracting Officer, North East Acquisition Team, 4 Farm Colony Drive, Warren, PA 16365.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND BUSINESS PROPOSALS 452.215-71 (SEP 1999)

(a) General Instructions. Offers submitted in response to this solicitation shall be furnished in the following format with the numbers of copies as specified below. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 43 of 48

(1) The proposal must include a technical proposal and business/cost proposal. Each of the parts shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to cost.

(2) The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M of this RFP.

(4) Offerors shall submit their proposal(s) in the following format and the quantities specified:

(a) 1 copies of the completed, signed offer (Sections A and K of the solicitation)

(b) 2 copies of the technical proposal (see instructions below)

(c) 1 copies of the business/cost proposal (section B of the solicitation)

(b) Technical Proposal Instructions. The technical proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Government. Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed, description of the techniques, procedures and program for achieving the objectives of the specifications/statement of work. Proposals which merely paraphrase the requirements of the Government's specifications/statement of work, or use such phrases

as "will comply" or "standard techniques will be employed" will be considered unacceptable and will not be considered further. As a minimum, the proposal must clearly provide the following:

1) PERSONNEL: Provide the list of employees who will work on the project, to include: name, job title, years of experience working on similar work (e.g. similar invasive species and native plants), education, as well documentation to substantiate the requisite certification and licensing(s).

A. SUBCONTRACTORS: The same information is required of all proposed subcontractors.

B. **FAILURE TO SUBMIT AT LEAST ONE EMPLOYEE OR SUBCONTRACTOR EMPLOYEE STATE OF VERMONT (OR RECIPROCAL) LICENSING CERTIFICATION FOR HEBICIDE APPLICATION WILL RESULT IN THE PROPOSAL BEING DEEMED AS NONRESPONSIVE. OFFEROR AND SUBCONTRACTOR(S) SHOULD SUBMIT A COPY OF EACH LICENSED EMPLOYEE’S CERTIFICATE**. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 44 of 48

2) EQUIPMENT: The offeror will provide a list of the equipment to be used and/or dedicated to this work, to include motorized and non-motorized. Include any rented equipment.

A. List Motorized equipment that will be used on the project. Each piece of equipment should be identified by manufacturer and model#.

B. List Non-motorized equipment that will be used on the project. This equipment need only be identified by the estimated number of each.

C. SUBCONTRACTORS: The same information is required of all proposed subcontractors.

3) QUALITY CONTROL PLAN: The quality control plan should include, but is not limited to:

A. An inspection checklist used by the responsible staff or field supervisor, which is used to document that the work has been accomplished and meets the acceptable quality levels.

B. Documented evidence of each employee’s current training and/or experience in pesticide application on local flora and habitat.

C. SUBCONTRACTORS: The same information is required of all proposed subcontractors.

4) PAST PERFORMANCE AND EXPERIENCE ON SIMILAR PROJECTS: Furnish information regarding ONE (1) OR MORE projects completed that is similar in scope to the work described in Section C. The project can be federal, state or local government, as well as private contracts; all of which have been performed within the last THREE (3) years Specifically, provide the following:

A. Name of the project;

B. Whether your company was the general contractor or a subcontractor on the project;

C. The total dollar amount of the project. If your company was a subcontractor on the project, then your subcontracted dollar amount ;

D. Name of the customer/client, to include a point-of-contact and phone number;

E. General overview of the project, to include:

1. Controlling similar invasive species, through use of cutting and/or herbicide treatments, 2. Similar control techniques, Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 45 of 48

3. Controlling invasive species in sensitive areas, to include: native vegetation; rare, sensitive, or endangered species, as well as threatened species, 4. Equipment that was used on the project(s).

SUBCONTRACTORS: The same information is required of all proposed subcontractors

PAST PERFORMANCE NOTE: If an offeror has limited or no relevant project information, this should addressed in the technical proposal. The Forest Service recognizes that an offeror may have minimal experience. In this instance, it is advised that the offeror address how they intend on insuring successful completion of the work, for example: subcontracting certain aspects of the project.

5) SAFETY PROGRAM DOCUMENTATION: Provide a written safety plan which demonstrates how the contractor will ensure a safe work environment for themselves, Forest Service employees, as well as the general public. The safety plan should include:

A. A chemical spill plan documenting internal procedures, in the event of a pesticide spill on-site or in transport.

B. Documentation to substantiate that the offeror has an ongoing safety training program, to include specifics as to what type(s) of employee training is done.

C. Documentation regarding any Occupation Safety and Health Administration (OSHA) actions/citations issued within the previous three (3) years, to include follow-up measures taken. If there were no OSHA actions/citations within the last three years, please indicate such.

D. SUBCONTRACTORS: The same information is required of all proposed subcontractors.

(c) Business/Cost Proposal Instructions.

Section B, the Schedule of Items, will be considered the cost proposal. You must enter pricing for all areas, items, and years to be considered for award.

452.237-71 Pre-Bid/Pre-Proposal Conference (FEB 1988)

(a) The Government is planning a pre-bid/pre-proposal conference, during which potential offerors may obtain a better understanding of the work required. (b) Offerors are encouraged to submit all questions in writing at least five (5) days prior to the conference. Questions will be considered at any time prior to or during the conference; however, offerors will be asked to confirm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and answers, and a list of attendees, will be disseminated. Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 46 of 48

(c) In order to facilitate conference preparations, it is requested that the person named on the Standard Form 33 of this solicitation be contacted and advised of the number of persons who will attend.

(d) The Government assumes no responsibility for any expense incurred by an offeror prior to contract award.

(e) Offerors are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer.

(f) The conference will be held:

Date: February 22, 2013 Time: 9am ET Location: teleconference. Conference Call Number 888-858-2144 Participant Access Code 7365941 Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 47 of 48

SECTION M--EVALUATION FACTORS FOR AWARD

52.217-5 Evaluations of Options (JUL 1990) 452.216-72 Evaluation Quantities--Indefinite-Delivery Contract (FEB 1988)

AWARD DETERMINATION

The Forest Service’s source evaluation will be based on best-value principles. Accordingly, award will be made to the responsible Offerors whose proposals provide the greatest overall value to the Government, price and other factors considered. This best-value determination will be accomplished by comparing the value of the differences in the technical factors for competing offers, based on their strengths, weaknesses, and risks, with differences in their price to the Government. In making this comparison, the Government is more concerned with obtaining superior technical, and management capabilities than with making an award at the lowest overall cost to the Government. However, the Government will not make an award at a significantly higher overall price to achieve slightly superior technical approach. As technical scores become closer, price will become more important. The Offeror is advised that evaluation factors other than cost or price are significantly more important than cost or price. Only Offerors that demonstrate acceptable submission to the Government of all items in Section L of this solicitation (or amendments thereof) will be considered for award.

EVALUATION FACTORS

Technical evaluation will be accomplished by individually rating the technical submission against the technical evaluation factors listed below. Factor 1 is the most important, Factors 2-4 are next and of equal importance to each other, and Factor 5 is the least important.

1. TECHNICAL APPROACH The offeror has sufficient staff, to include the use of subcontractors; with the requisite skills necessary to accomplish simultaneous task orders. The offeror also has the proper equipment, both in type and quantity; to ensure concurrent accomplishment of several task orders. 2. . SAFE PERFORMANCE OF WORK: The offeror is able to safely perform the work; maintaining a level of safety that meets applicable laws and regulations, while ensuring the health and safety of its employees, Forest Service personnel, as well as the general public. The offeror proactively manages and controls the use of hazardous materials, to include use of established procedures for taking immediate action in the event that a chemical or hazardous spill should occur. Finally, the offeror’s emphasis on safety training ensures that all employees are abiding by proper safety policies and procedures when performing work. 3. PAST PERFORMANCE The Offeror has shown their ability to provide work of good quality in a timely, safe, and effective manner on previous projects. Previous customers indicate that they would hire the contractor again. Offeror’s without any past performance record will be rated neutral on this factor. 4. PAST EXPERIENCE WITH SIMILAR WORK Experience using mechanical and herbicide treatments to control invasive and similar species, as well as experience working in sensitive areas (high quality native vegetation areas or endangered species habitats). 5. QUALITY CONTROL & MANAGEMENT The offeror’s use of quality control Service RFP AG-24H8-S-13-0008 GMNF NNIP IDIQ PAGE 48 of 48

techniques ensures project control, while minimizing rework. The offeror proactively manages employee training and certification(s); assuring that all employees meet state requirements