PART I�THE SCHEDULE

Pre-REQUEST FOR QUOTATION (THIS IS NOT AN ORDER) 1. REQUEST NO. 2. DATE ISSUED PAGE THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. UNDER BDSA REG. 2  AND/OR DMS REG. 1 6. DELIVER BY (Date) OF PAGES 1 RATING 28 AG-52B1-S-09-0010 5a. ISSUED BY: 1/15/2009 Hoosier National Forest 811 Constitution Ave Bedford, IN 47421 Attn: Roger Manning NAME 5b. FOR INFORMATION CALL (NO COLLECT CALLS) TELEPHONE NUMBER AREA CODE NUMBER Period of performance: 3/02/2009 thru 8/03/2009 7. DELIVERY FOB DESTINATION Roger Manning 8. TO: a. NAME c. STREET ADDRESS d. CITY 10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5A ON OR BEFORE CLOSE OF BUSINESS (812) b. COMPANY 276-4771 OTHER (See Schedule) 9. DESTINATION TELL CITY RANGER DISTRICT a. NAME OF CONSIGNEE CHRIS THORNTON b. STREET ADDRESS 248 15TH ST. c. CITY TELL CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE INDIANA 47586 3:00 PM (est) 2/2/2009 ITEM NO. (a) IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter. 11. SCHEDULE (Include applicable Federal, State and local taxes) SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (b) (c) (d) (e) (f) PLEASE PROVIDE ORIGINAL & 1 COPY OF QUOTE. The Contractor shall furnish all labor, equipment, transportation, supervision, supplies (except those designated as Governmentfurnished), incidentals, and perform all work necessary to conduct Timber Stand Improvement as indicated in the following pages. a. 10 CALENDAR DAYS (%) 12. DISCOUNT FOR PROMPT PAYMENT  b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS d. CALENDAR DAYS NUMBER PERCENTAGE NOTE: Additional provisions and representations 13. NAME AND ADDRESS OF QUOTER a. NAME OF QUOTER b. STREET ADDRESS are are not attached. 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION 16. SIGNER a. NAME (Type or print) b. TELEPHONE AREA CODE 15. DATE OF QUOTATION c. COUNTY d. CITY NSN 7540-01-152-8084 Previous edition not usable e. STATE f. ZIP CODE c. TITLE (Type or Print) 18-121 NUMBER STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a) SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 2 of 28 PART I—THE SCHEDULE SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS Timber Stand Improvement Tell City Ranger District Hoosier National Forest Work Item BASE ITEM 0001 BASE ITEM 0002 Sub Item/Description German Ridge Grape Vine Cutting Compartment 6 Unit of Measure Acre Acre Est. Quantity 88 30 Unit Price $__________ $ Total Amount $____________ $ $____________ TOTAL QUOTE PRICE BASE SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 3 of 28 PART I – THE SCHEDULE SECTION C - SPECIFICATIONS C. 1. INTRODUCTION. C.1.1. Background. The Hoosier National Forest proposes to contract for technical forestry services to conduct timber stand improvement in the form of grape vine cutting and crop tree release. C.1.2. Scope of Contract . Work shall consist of locating grape vines in the treatment stands and cutting them at ground level. A second portion of the contract involves releasing crop trees. The trees to be cut will be identified by paint. The Government will be responsible for marking the trees. The Contractor shall furnish all personnel, materials, services, and facilities necessary for the project and performance of this contract. The work performed shall be in compliance with the terms, specifications, conditions and provisions of this solicitation. C.1.3. Location and Description. This solicitation is for Timber Stand Improvement on the Hoosier National Forest, Tell City Ranger District. Project work areas can be found on the attached project area and vicinity maps, see Section J. Base Item 0001This item is located in the German Ridge Area. The treatment area is divided into two locations. The first treatment area (grape vine cutting) is located approximately one mile south of the town of Gerald along Urban Road. The second area (grape vine cutting) is located approximately two miles northwest of the German Ridge Campground along a portion of the German Ridge Multiple Use Trail. Base Item 0002 This item is located in the Oriole area. The treatment area (crop tree release) is located approximatly one mile east of the town of Oriole. Access to the site is via an old woods road that is not drivable. C. 3. GOVERNMENT FURNISHED PROPERTY AND SERVICES. The Government shall provide the Contractor the following listed materials, supplies, property or services, for use in the performance of this contract, hereinafter referred to as GovernmentFurnished Property. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause, (Reference Clause 52.245-4). SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 4 of 28 Item 3.1 Project Area Map. Description Maps depicting all project locations. Where, When, How Provided in Section J, Exhibit 1. C. 4. CONTRACTOR WORK REQUIREMENTS and STANDARDS. C.4.1. General. C.4.1.1. Contractor-Furnished Property The Contractor shall provide all equipment to complete the project. This includes, but is not limited to chain saws, fuel, bar oil, chaps, ear protection, eye protection, hard hats, and gloves. C.4.1.2. Performance period. Multiple award of items shall not change the required performance period for each item. If multiple items are awarded to one Offeror, the respective performance times shall run concurrently, not consecutively. Work may be performed on each item in succession, provided the required rate of progress is maintained. The Government shall issue a Notice to Proceed as soon as the weather and ground conditions are favorable for work. The count of contract time shall start on the date specified on the Notice to Proceed. C.4.1.3. Rate of progress. The Contractor shall maintain the rate of progress specified in the Contractor’s Resource Plan. The minimum acceptable rate of progress shall occur when the percent of work completed falls within 10 % of the time used. C.4.1.4. Access. The Forest Service assumes no obligation to plow snow or do special maintenance to keep roads open. The project areas are accessible by some combination of 2 or 4-wheel drive vehicle and foot travel. The Contractor shall be responsible for obtaining all necessary permission, through privately owned land, to gain access to stand locations. C.4.1.5. Locked gates In cases where areas are behind locked gates, authorization for limited motorized use may be granted. All requests for motorized travel of closed roads must be submitted in writing to the COR for specific roads and specific periods of time. If access is granted behind a gate, the Contractor will be responsible to ensure that gates remain closed and locked at all times and will be subject to all other restrictions of administrative use. The Contractor shall be permitted to drive from the locked gate to the stand with only the minimum number of vehicles necessary for SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 5 of 28 efficient transport of the crew. No firearms are permitted behind locked gates. No access to contractors or employees will be allowed behind locked gates after periods of work. Motorized access will not be permitted behind locked gates during hunting season of turkey or deer. Contractor shall adjust work schedule to take the closure time into consideration. No Suspend Work Orders will be issued; contract time will run during this period. Any miss use of gates may constitute loss of privileges. C.4.2. Timber Stand Improvement. C.4.2.1. Grape Vine Cutting. The treatment areas are pine stands. The contractor is responsible for identification and cutting of all grape vines at ground level. C.4.2.2. Crop Tree Release. The Contractor shall cut down or double girdle all trees identified by the government by a paint mark on the bole. If the contractor chooses to cut down the tree, the tree will be brought to the ground. Trees left hanging in the canopy are not acceptable. If the contractor chooses the double girdle method, the girdle must penetrate the cambium at least 0.5 inches. C.4.3. Work Plan and schedule. The Contractor shall prepare a work plan and schedule that demonstrates work will be completed within the performance period described in Section F.2. - Deliveries. The Contractor shall provide a general plan with the technical proposal. A supplementary plan and schedules will be provided after contract award, but 5 days before the start of work. The Contractor shall advise the Contracting Officer or COR of any periods that the Contractor will not be working that is not specified in the accepted Work Plan. The Contractor may update the work plan when work is in progress and the Contracting Officer may accept the updated work plan. C.4.4. Camping and Worksite Conditions. If the Contractor recommends camping, the Contractor shall prepare a Camping and/or Worksite Plan and operate in a manner that will protect the environmental resources and the public facilities. The conditions will be consistent with the requirements of Section H.4. – Camping And Worksite Conditions, Section I.2 – Use of Premises, and supplementary attachments in Section J. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 6 of 28 Camping behind locked gates will be accessed on case-by-case bases by District Ranger. Contractor shall request camping plans in writing, within 5 calendar days of camping date, specifying exact time and dates of use behind locked gates. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 7 of 28 PART I - THE SCHEDULE SECTION E - INSPECTION AND ACCEPTANCE E. 1. 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): http://www.arnet.gov/far FAR 52.246-4 Inspection of Services – Fixed Price (Aug 1996) E.2. ACCEPTANCE AND REWORK E.2.1.1. Acceptance will be determined based on compliance with the contract specifications. Noncompliance will result in non-acceptance of the work. If the Contractor’s work is determined to be unacceptable, the Government may initiate any remedies described in FAR 52.246-4 Inspection of Services. E.2.1.2. When the Contractor’s inspection results fall below the work standard in C.4.2 based on the Government inspection, acceptance and payment will not be made until the deficiency(s) has been corrected. E.2.1.3. Payment will be made only on completed areas unless otherwise agreed upon by the Contracting Officer. E.2.1.4. The Government shall initiate a pass-fail check of specified standards and procedures for each inspection block. E.3.1 Rework. E.3.1.1. Upon notification to the Contractor of a failed an inspection block, the Contractor shall be required to rework all deficient items in every area within the inspection block before beginning work on another inspection block. E.3.1.2. The Government is not required to provide more than 2 inspections on any single inspection block. Results of the last inspection will supercede any prior results for determining acceptability and payment. Failure to pass 2 inspections on a single inspection block may result in contract default. E.3.1.5. The Government will assess the Contractor the actual costs of conducting any additional inspections. Items that may be included in the actual damages include but is not limited to: wages of the COR and Government inspector(s), costs of vehicles, meals and lodging. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 8 of 28 SECTION F--DELIVERIES OR PERFORMANCE FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from 2 March 2009 through 3 August 2009. F. 2. DELIVERIES F.2.1. Contract Performance Time and Required Rate of Progress The Contractor shall maintain progress at a rate that will assure completion within the performance period. The minimum acceptable rate of progress shall occur when the percent of work completed falls within 10% of the time used. F.2.2. Contract Time. The Contractor shall start work promptly after receipt of Notice to Proceed unless otherwise agreed with COR. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. All bid items should be completed as cited below. The exact start date is negotiable. Item 1-2 Estimated Beginning Date March 2, 2009 Acres 118 Required Completion Date August 3, 2009 If the offeror is unable to accomplish the work in the time frame provided please indicate below the desired dates and times of performance. Item 1-2 Estimated Beginning Date Plots Required Completion Date It is required that Contractor(s) submit a minimum of 10% of work for inspection/acceptance within 30 calendar days of effective date of Notice to Proceed, and, 50% of the respective Contractor's work must be completed and submitted for inspection/acceptance within 90 calendar days of effective date of Notice to Proceed unless otherwise agreed with COR. The Government will issue A Notice to Proceed as soon as weather, vegetation, and ground conditions are favorable for work on one or more of the areas. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; Or (2) Contract Time will start on the third-day after the post office has issued a Notice of Certified Mail to the Contractor. Failure of the Contractor to pick-up Certified Mail will not be considered excusable. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 9 of 28 F.2.3. Work Completed after the performance period. Whenever the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed actual damages. Items to be included in the actual damage includes but is not limited to: wages of the COR and Government inspector(s) for quality assurance after the performance period, costs of vehicles, meals, and lodging that are incurred while administering the contract after the performance period. F. 3. FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR. At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 10 of 28 SECTION G--CONTRACT ADMINISTRATION DATA AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is to be arranged at time of award. G.1. SUBMISSION OF DATA AND INVOICES G.1.1. The Contractor shall submit completed payment items within fourteen (14) days after completion of work. G.1.2. The unit of measure shall be the acre. 100% of the areas will be inspected. G. 2. METHOD OF MEASUREMENT G.2.1.1 The Government’s inspection will not be initiated until the Contractor notifies the government that an area is complete. The area will be walked and evaluated for completeness. G.2.1.2. If during the inspection, the COR determines a discrepancy trend is occurring, the COR shall notify the Contractor of the finding. G.2.1.3. If any discrepancy trend continues in any inspection, the inspection block(s) will be returned for rework. G.2.2. Re-evaluation. If the COR’s original inspection results are unacceptable to the Contractor; the Contractor has the option to request, in writing, a re-evaluation. Requests for reevaluation shall be made within five (5) calendar days after receipt of non-compliance and shall contain documentation to support the probability that an error exists. The contractor may accompany the Contracting Officer’s Representative during the re-evaluation. G.2.2.1. If re-evaluation supports the government’s findings, it will be used for the basis of pay determination. The Contractor shall pay for the actual cost of re-evaluation. G.2.2.2. If re-evaluation results supports the contractor, payment shall be based on the reevaluation results and the Government shall pay for the re-evaluation. G. 3. METHOD OF PAYMENT G.3.1. Payment . Payment will be based upon the Contracting Officer’s evaluation of results and not upon the frequency or method of performance. Payment will be made within 30 days of acceptance of work and receipt of proper invoice. The Forest Service will maintain inspection forms that will constitute a project record for the contract. These inspection forms shall constitute the basis for acceptance by the Forest Service for the work performed. Full payment will not be made for less than full service. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 11 of 28 PART I - THE SCHEDULE SECTION H - SPECIAL CONTRACT REQUIREMENTS H. 1. KEY PERSONNEL H.1.1. The Contractor shall assign to this contract the key personnel identified in their technical proposal and that list may include the following:   CONTRACTOR REPRESENTATIVE FOREMAN/WOMAN H.1.2. The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer within a reasonable timeframe and in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced. H.1.3. The Contractor shall make no diversion of personnel without the written consent of the Contracting Officer. H.1.4. The contract will be modified to reflect any approved changes of key personnel. H. 2. PREWORK CONFERENCE Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, camping/worksite plan and communications shall be finalized in writing. A prework meeting location will be determined once the contract is awarded. H. 3. CAMPING AND WORKSITE CONDITIONS H.3.1. Camping and Worksite Plan shall be consistent with requirements set forth in this section, Section I.2, the camping permit if required, and supplementary requirements in Section J, if any apply. The Contractor shall provide a general plan with the technical, and shall provide a more specific plan based on items awarded, prior to start work. H.3.2. The Contractor shall be aware of and abide by the rules of the Hoosier National Forest applicable to forest visitors. If the Contractor’s crew camps on the National Forest, the Contractor is responsible for campsite clean up and his/her employees conduct while camping on National Forest land. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 12 of 28 H.3.3. Contractor Information: The Contractor shall abide by the OSHA’s Field Sanitation Standard Fact Sheet No. OSHA 92-25, which applies to agricultural establishments hiring 11 or more workers for hand labor. H-4 . PERSONAL PROTECTIVE EQUIPMENT 1. The contractor will train in the safe operation and use of equipment to all workers using such equipment. 2. 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 necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body. 3. Defective or damaged personal protective equipment shall not be used. 4. The contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg. 5. 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. 6. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997. 7. 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. 8. 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 e.g., chain saw operation. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 13 of 28 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT (MINI TEMPLATE) INSTRUCTIONS TO USER: INCLUDE THE FOLLOWING CLAUSES FOR PREDOMINATELY MANUAL FORESTRY OR AGRICULTURAL WORK SECTION H 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 undocumented workers. 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 SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 14 of 28 labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and 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. "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, record keeping, 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. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 15 of 28 (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 register all vehicles used 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. (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 referenced at 29 CFR 500.105. All drivers must have a current, valid State driver’s license and must comply with Department of Transportation work/rest requirements. (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 in accordance with applicable state requirements. (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: SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 16 of 28 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 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 SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 17 of 28 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. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 18 of 28 PART II--CONTRACT CLAUSES SECTION I--CONTRACT CLAUSES FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.204-9 52.209-6 52.215-8 52.219-6 52.222-3 52.222-21 52.222-26 52.222-35 52.222-36 52.222-37 52.222-41 52.223-5 52.223-6 52.232-1 52.232-8 52.232-11 52.232-23 52.232-25 52.232-33 52.233-1 52.233-3 52.233-4 52.237-2 52.243-1 52.245-4 52.249-1 Personal Identity Verification of Contractor Personnel (JAN 2007) Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) Order of Precedence--Uniform Contract Format (OCT 1997) Notice of Total Small Business Set-Aside (JUN 2003) Convict Labor (JUN 2003) Prohibition of Segregated Facilities (FEB 1999) Equal Opportunity (APR 2002) Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (DEC 2001) Affirmative Action for Workers with Disabilities (JUN 1998) Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (DEC 2001) Service Contract Act of 1965, as Amended (JUL 2005) Pollution Prevention and Right-to-Know Information (AUG 2003) Drug-Free Workplace (MAY 2001) Payments (APR 84) Discounts for Prompt Payment (FEB 2002) Extras (APR 1984) Assignment of Claims (JAN 1986) Prompt Payment (OCT 2003) Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) Disputes (JULY 2002) Protest After Award (AUG 1996) Applicable Law for Breach of Contract Claim (OCT 2004) Protection of Government Buildings, Equipment, and Vegetation (APR 1984) Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) Government-Furnished Property (Short Form) (JUN 2003) Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 19 of 28 52.249-8 52.253-1 Default (Fixed-Price Supply and Service) (APR 1984) Computer Generated Forms (JAN 1991) AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES 452.237-70 452.237-75 Loss, Damage, Destruction or Repair (FEB 1988) Restrictions Against Disclosure (FEB 1988) 52.204-7 Central Contractor Registration (JUL 2006) (a) Definitions. As used in this clause"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government. "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern. "Registered in the CCR database" means that(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and (2) The Government has validated all mandatory data fields and has marked the record "Active". (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number(i) If located within the United States, by calling Dun and Bradstreet at 1-866705-5711 or via the Internet at http://www.dnb.com; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 20 of 28 (i) Company legal business. (ii) Trade-style, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and Zip Code. (iv) Company Mailing Address, City, State and Zip Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 21 of 28 "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-9615757. FAR 52.244-6 Subcontracts for Commercial Items (SEP 2006) (a) Definitions. As used in this clause"Commercial item" has the meaning contained in Federal Acquisition Regulation 2.202-1, Definitions. "Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier. (b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract. (c)(1) The following clauses shall be flowed down to subcontracts for commercial items: (i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212(a)). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39). (vi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (APR 2003) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR 52.247-64). (2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 22 of 28 FAR 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 re-perform any defective or nonconforming services; or (2) That the Government does not require correction or re-performance. (c) If the Contractor is required to correct or re-perform, it shall be at no cost to the Government, and any services corrected or re-performed 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 re-performance, the Contracting Officer shall make an equitable adjustment in the contract price. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 23 of 28 PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS --LIST OF ATTACHMENTS J. 1 EXHIBITS Exhibit 01 Exhibit 02 Project Maps Wage Determination No. 1981-1257, Revision No: 26 Dated 5/29/08 SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 24 of 28 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: HelpDesk@vets100.com Reporting Verification: Verify@vets100.com AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JANUARY 2005) The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below: Contract line item(s): ALL --NAICS Code 541990 --Size Standard $5mil 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. 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2007) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541990 [insert NAICS code]. (2) The small business size standard is ___$5 Million__________ [insert size standard]. (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. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 25 of 28 (b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) 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 (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (c) applies. [ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically 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. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 26 of 28 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) 52.204-6 52.215-1 Data Universal Numbering System (DUNS) (OCT 2003) Instructions to Offerors--Competitive Acquisition (JAN 2004) AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES 452.204-70 Inquiries (FEB 1988) FAR 52.236-27 Site Visit (Construction) (FEB 1995) Alternate I (FEB 1995) (a) There will be no site visit for this solicitation. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 27 of 28 AGAR 452.237-71 Pre-Bid/ Pre-Proposal Conference (FEB 1988) (a) There will be no pre-bid/pre-proposal conference for this solicitation. FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a Firm Fixed price performance based services contract resulting from this solicitation. FAR 52.233-2 Service of Protest (AUG 1996) (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 General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Contracting Office, Ohio River Procurement Cluster, c/o Hoosier National Forest, 811 Constitution Ave., Bedford, IN 47421 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. SERVICE RFQ SOL NO RFQ-AG-52B1-S-09-0010 UNIT: Hoosier NF, Tell City Ranger District PROJ NAME: Timber Stand Improvement PAGE 28 of 28 SECTION M--EVALUATION FACTORS FOR AWARD M.1 Technical/Business Proposal Specific Requirements 1. This award will be made on price and price related factors. M.2 Method of Award Award will be made to the Offerors whose price is most advantageous to the Government. M.3 Multiple Awards: Multiple awards may be made on a line item by line item basis.