1202NV18Q0061.pdf

INTERMOUNTAIN REGION INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

IDAWY ACQUISITION SERVICE CENTER

1405 HOLLIPARK DRIVE

IDAHO FALLS, ID 83401

SOLICITATION NO. 1202NV18Q0061

OFFERS ARE SOLICITED FOR: NATIONAL VISITOR USE MONITORING

SET-ASIDE: SMALL BUSINESS SET-ASIDE

IMPORTANT – NOTICE TO QUOTER:

AT A MINIMUM, QUOTER SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR

RESPONSE TO THIS SOLICITATION:

1.SF-1449 Request For Quotation (Complete, date, and sign)

2.Section I – Schedule of Items. (Complete Unit Price and Amount)

3.Experience Questionnaire with Response to Section VII -2 Evaluation

4.Representations and Certifications. (Complete the Representations and Certifications electronically via the System for Award Management (SAM) website at https://www.sam.gov)

5. Acknowledgement of Amendment (If Any)

IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR

ENVELOPE.

Return to: IDAWY Acquisition Service Center 1405 Hollipark Drive Idaho Falls, ID 83401 Solicitation No.1202NV18Q0061

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE SYSTEM FOR

AWARD MANAGEMENT SYSTEM PRIOR TO AWARD UNDER THIS SOLICITATION. SEE

CLAUSE 52.204-7 SYSTEM FOR AWARD MANAGEMENT FOR DETAILS ON HOW TO APPLY.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE

SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDERAL BUSINESS

OPPORTUNITY WEBSITE AT WWW.FBO.GOV.

https://www.sam.gov/

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

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

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

1202NV18Q0061

DATE

04/09/2018

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION AMELIA RIOS VELASCO calls) 208-557-5848 LOCAL TIME

INFORMATION CALL: 4/27/18 1:00 p.m. MST

9. ISSUED BY CODE 10. THIS ACQUISITON IS UNRESTRICTED OR SET ASIDE: 100% FOR

USDA – Forest Service Region 4, Acquisition Management IDAWY Acquisition Service Center

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM

BUSINESS

1405 Hollipark Drive Idaho Falls, ID 83401

EDWOSB NAICS: 541910

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD: $15 MILLION

SMALL BUSINESS 8(A)

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR

700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Delivery Schedule

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR ADDRESS CODE

DUNS No: ____________________________________________ CAGE Code (see FAR Provision 52.204-16) __________________ Email Address: _________________________________________

18a. PAYMENT WILL BE MADE BY CODE

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via

IPP.

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NVUM Project, Supervisor Office, Bridger-Teton National Forest

PLEASE PLACE YOUR QUOTE IN

SCHEDULE OF ITEMS

FAXES WILL NOT BE ACCEPTED.

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

25. ACCOUNTING AND APPROPRIATION DATA

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

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

ADDENDA

ARE ARE NOT ATTACHED

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

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

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

AMELIA RIOS VELASCO

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 http://www.ipp.gov/

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL

COMPLETE PARTIAL FINAL

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

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

42a. RECEIVED BY (Print)

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

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

STANDARD FORM 1449 (REV. 2/2012) BACK

1202NV18Q0061 NVUM Survey

SECTION I--SUPPLIES OR SERVICES AND PRICES

NVUM SURVEY

SUPERVISOR OFFICE

BRIDGER-TETON NATIONAL FOREST

WYOMING, TETON COUNTY

I- 1 - Schedule of Items

Item No.

DISTRICT SURVEY TYPE QUANTITY Unit Unit Price Amount

Jackson Ranger District

Standard (sampling and traffic/trail count)

53 EA $ $

Traffic counter only 4 EA $ $

*Blackrock (Buffalo) Ranger District*

Standard (sampling and traffic/trail count)

9 EA $ $

Traffic counter only 2 EA $ $

3 Greys River Ranger District

Standard (sampling and traffic/trail count)

16 EA $ $

Pinedale Ranger District

Standard (sampling and traffic/trail count)

59 EA $ $

Traffic counter only 3 EA $ $

Big Piney Ranger District

Standard (sampling and traffic/trail count)

12 EA $ $

Traffic counter only 2 EA $ $ 6 Kemmerer

Ranger District

Standard (sampling and traffic/trail count)

15 EA $ $

TOTAL FOR ALL ITEMS $

*NB: Original survey design table refers to Blackrock Ranger District as “Buffalo Ranger District.”

I- 2: Quote on all items. Only quotes to the nearest cent will be accepted.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the quoter specifies otherwise in the quote.

SECTION II - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

II- 1 – Scope of Work

The Bridger-Teton National Forest (BTNF) will need a contractor to complete the scheduled surveys that begin at the height of our busy summer season, which is May 16, 2018 through September 30, 2018. These dates represents the performance period of this contract. In addition to these regularly-scheduled survey dates, there are an additional set of back-up survey dates the Contractor will be responsible for completing in the event regular survey dates are missed by the Contractor.

Complete 175 Forest-wide surveys (for all 6 Districts) as described in the Schedule of Items in Section I. Forest Service personnel will complete all surveys scheduled prior to May 16, and any back-up survey dates required due to missed surveys by Forest Service personnel prior to the start of this contract.

II- 2 – Location and Site Accessibility

This project is located in Teton County.

Accessibility by motor vehicle is generally good during the summer season. Most survey sites are reached by Level 2 or Level 3 Forest Service system roads and in few cases via paved roads; some routes may require four-wheel drive high clearance vehicles in wet weather conditions. Most wilderness surveys will be located at trailheads, however some may counters or surveys may be interior to wilderness boundaries and must be accessed by foot or horse (no motorized or mechanized vehicle use is permitted inside Congressionally-designated wilderness areas). Weather and wet road conditions could make access difficult in some of the more remote locations.

II- 3 – Specifications Actual duration of the surveys takes a minimum of 6 hours at the site (not including travel time, set-up, and take-down). In addition, vehicle or trail traffic counters (one or the other of which is required for all surveys as identified in the NVUM Handbook) shall be placed to count traffic for a 24-hour period of time, which includes the 6-hour survey period. Morning surveys will generally take place between 8am and 2pm (daylight/winter conditions permitting). Afternoon surveys will generally take place between 2pm and 8pm (daylight/winter conditions permitting). Survey times may be adjusted by the Contracting Officer Representative (COR) as needed to avoid conducting surveys before or after dark.

It is important that each survey be completed on the prescribed date and time as indicated on the survey design schedule (Exhibit 3). Back-up survey dates cannot be used out of convenience to persons performing the survey (e.g., travel distance, bad weather, cost, etc.). Allowable use of back-up surveys is outlined in the 2017 National Visitor Use Monitoring Guidebook (Exhibit 2);

determination of when and what back-up survey dates to use is at the sole discretion of the Government Representative (Forest Recreation Program Manager) and not the Contractor.

The Contractor will be responsible for completing surveys and hand tallies for both proxy and non-proxy sites. USFS will provide proxy information for recreation events, organization camps, and Forest-service managed fee sites (e.g., certain campgrounds, day use areas, and rental cabins). In most cases, surveys include in-person interviews, traffic or trail counts, and hand tallies. Proxy locations are those sites where a direct count of data (e.g., fee envelopes, ticket sales, rental receipts, event participants, etc.) is available, which represents visitation to the National Forest by an individual, group, or vehicle. Non-proxy surveys are locations where a direct count of data is not available. Proxy and non-proxy survey locations occur in general forest areas (GFA), wilderness areas (WILDERNESS), view corridors (VC), day use developed sites (DUDS), and overnight use developed sites (OUDS). These site types are further defined in the 2017 NVUM Training Manual.

Surveys are situated at exit points for specified developed recreation sites or other dispersed area locations on or near the National Forest as identified in the survey schedule for each survey site.

Completed survey forms must be returned to the Government Representative (Forest Recreation Program Manager) every two weeks (within two weeks of completion of each survey) to allow for regular quality assurance reviews and data entry into the NVUM database by the Forest Recreation Program Manager.

II- 4 – Survey Requirements

1. Contracted recreation use surveys shall be performed in accordance with the guidelines described in the National Visitor Use Monitoring Guidebook, dated July 2017 and the Bridger-Teton NF NVUM Survey Job Hazard Analysis (Exhibit 1), dated September 2017.

2. Surveys shall consist of exit interviews (only those individuals or groups leaving the site for the last time) during assigned 6-hour periods plus traffic or trail counts as directed by the above training manual and outlined in the survey design attached. Survey dates and locations shall be followed for successful completion of this contract.

3. The Contractor shall perform recreation use surveys on the dates and times scheduled on the Government-provided calendar. In cases of facilities being physically closed on planned survey days, back-up days may be assigned at the discretion of the Forest Recreation Program Manager. Back-up days will not be used in cases of convenience or bad weather.

4. The Contractor shall record survey data on Government-provided survey forms as directed by the training manual. Sample survey forms will be available for review prior to the start of work. Completed survey forms shall be submitted to the Government Representative (Forest Recreation Program Manager) in bi-weekly groupings by the 5th and 20th of each month.

5. At most survey sites, the Contractor shall perform hand tallies of exiting vehicles or trail users during the 6-hour survey period. An additional 24-hour traffic count, performed by the Contractor with Government-provided equipment (road or trail counters), shall be initiated at the survey site (depending on site type – see handbook for directions) starting at the time of each survey.

6. In some cases, multiple surveys are scheduled for the same day, especially in the summer season (approximately 69 for the Bridger-Teton between May 16 and September 30). Please refer to the survey design calendar for more information.

7. At the Government's discretion, a Government Representative will occasionally accompany the Contractor at the survey site and observe the survey process. The Contractor shall submit a list of survey workers who will assist the Contractor in survey performance. The list shall include survey dates and locations.

8. Survey form accuracy will be reviewed as requested by the COR or upon submission of bi-weekly survey files or at the time of individual survey observations.

9. The survey schedule reflects a random sample of recreation users. Deviation from the schedule will directly impact the accuracy of the study. Satisfactory contract performance depends on the extent the Contractor meets the set survey schedule and accurate completion of survey interview forms.

10. Missed survey dates or improperly recorded survey records would constitute unsatisfactory performance and may be considered reason for contract termination and default action.

11. The Contractor shall take necessary steps to become familiar with the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions, which can affect the work or its cost. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or proceeding to successfully perform the work without additional expense to the Government.

II- 5 - Period of Performance

The period of performance of this contract is from May 16, 2018 through September 30, 2018.

The start date of this project shall be May 16, 2018. Prior to this date, the Government Representative (Forest Recreation Program Manager) will meet with the selected Contractor to review survey standards, completion dates, and contract requirements. The ending date for the last survey is September 30, 2018.

II- 6 – Field Work Notice

The project area is located on the Bridget-Teton National Forest. The contractor will be working in remote areas and will be exposed to natural conditions including, but not limited to, traveling over uneven and rocky terrain, encounters with bears and other wildlife, and inclement weather. The contractor is responsible for ensuring that all employees are trained and have proper safety equipment prior to commencing work in the project area.

II- 7 – Maps

Maps will be provided to the Contractor to show the location of each survey site and Forest staff will be available throughout the survey year to assist with orienting the Contractor and/or his staff to survey sites.

The Contractor must adhere to travel regulations outlined in 36 CFR 261 Subpart B and the Bridger- Teton NF’s Motor Vehicle Use Map (MVUM), which can be downloaded from the following website: https://www.fs.usda.gov/main/btnf/maps-pubs.

II- 8 – Contractor-Furnished Property

The contractor shall furnish all equipment, labor, materials, transportation, supervision and incidentals necessary to perform Recreation Use Surveys at specified survey times and sites on the Bridger-Teton N. F as listed below:

1. Transportation to survey sites.

2. Clipboards.

3. No. 2 pencils, erasers, pencil sharpener.

4. Cell phone/radio for emergency communication.

5. Watches.

6. Folding chairs, tables, and awnings for surveyor comfort.

7. Hammer, pliers, other small tools for installation and removal of traffic and trail counters.

8. In addition, surveyors working in the field must maintain a professional appearance, wear clothing appropriate to the field setting, with a name tag identifying the surveyor and the organization for which he /she works.

II- 9 – Government-Furnished Property

The Government will provide the following items of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract. These items will be provided to the contractor prior to the work starting.

The Government will furnish the following NVUM property: survey handbook, Job Hazard Analysis, survey forms, traffic/survey signs, trail counters, traffic counters, and USFS maps.

All Government-furnished property (signs, counters, etc.) shall be returned to the Government Representative (Forest Recreation Program Manager) in Jackson, Wyoming no later than October 15, 2018.

The following items will be government furnished:

1. 2 sets of Forest visitor maps

2. Calendar of survey dates

3. Interview forms

4. Interview flash cards

5. Copy of "National Forest Recreation Use Monitoring" training manual

6. Traffic cones

7. "Traffic Survey Ahead" signs

8. "Survey site – Please Stop" signs

9. “Be Prepared to Stop” signs

10. Sign stands

11. Infra-red trail counters

12. Pneumatic hose traffic counters and accessories https://www.fs.usda.gov/main/btnf/maps-pubs

13. Black bags/briefcases to carry maps, calendar, forms, flash cards, manual, hand counter, and other miscellaneous items.

II- 10 – Sustainable Acquisitions

The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The contractor shall list products that may be used in this contract for which biobased products are available. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Clause * - Instructions for the Preparation of Technical and Business Proposals or Experience Questionnaire, pages **).

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

http://www.biopreferred.gov/

• The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

• Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

• Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

• The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

SECTION III - INSPECTION AND ACCEPTANCE

III-1 – Contractor Quality Control Inspection System

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

Quality Control Plan. The Contractor shall provide a general Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within 7 days before start work based on items awarded to the Contractor and Government comments. The contractor shall conduct quality control inspections on all aspects of work.

The Plan shall describe how quality will be monitored to assure the performance standards are met, the supervision of crew and work, and personnel that will be performing the quality control.

III- 3 - Acceptance

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 52.212-4 and Section III-4 Rework.

III- 4 - Rework

If the initial work is unacceptable to the Government, the Contractor may re-work the area if deficiencies can be corrected. The Government will assess the re-work after receiving the Contractor’s inspection records which reflect that all work meets specification standards.

The Contractor may be assessed actual damages which may include, but is not limited to: wages of the CO, COR, and Government inspector(s), costs of vehicles, meals, and lodging that are incurred during the additional quality assurance.

III- 5 - Government Quality Assurance Surveillance Plan

Quality assurance specific to individual items will be found in the NVUM Guidebook.

SECTION IV - CONTRACT CLAUSES

IV- 1 - FAR 52.212-4 Contract Terms and Conditions—Commercial Items (JAN 2017) )

(a) Inspection/Acceptance. (See additional Inspection/Acceptance Requirements). The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137572

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice;

and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

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(iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

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(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

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(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM 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 SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2) (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 FAR 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 SAM database; (B) comply with the requirements of Subpart 42.12; 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 (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM 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 “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM 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.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

IV- 2 - AGAR 452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate Applicants (FEB 2012) Alt I (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 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_8.html#wp1029202 https://www.acquisition.gov/

(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.

IV- 3- FAR 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

IV- 4- AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuance to FAR clause 52.228-5, Insurance-Work on a Government Installation, 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 Federal and State workers' compensation and occupational disease statutes. If occupational disease are not 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 http://www.biopreferred.gov/ http://www.sam.gov/ 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. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance and shall be required in the amount of $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft 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 injury.