20180817FinalSol12034318Q0263CI_SciTech.pdf

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

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 923828 38

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

DATE

12034318Q0263

DATE

08/17/18

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

7. FOR SOLICITATION Jeanne Windle, njwindle@fs.fed.us calls) 406-329-3756 LOCAL TIME

09/06/18 4pm l.t.

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

USDA – Forest Service

Region 1, Acquisition Management

Northern Region Acquisition

Management

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM

BUSINESS

24 Fort Missoula Road

Missoula, MT 59804

EDWOSB NAICS: 541690

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: ____________________________________________

Tax Identification 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

Scientific & Technical Services for RO Geospatial &

Vegetation Analysis Team

Northern Region, Regional Office

Missoula County, Missoula, Montana

PLEASE PLACE YOUR OFFER IN

SCHEDULE OF ITEMS, page 3.

FURNISHING QUOTATION: Complete Standard

Form 1449, Schedule of Items, Experience

Questionnaire, Proposal Information, and Solicitation

Provisions as your offer. Please return to the address shown in Block 9. Place “Solicitation No.

12034318Q0263 on the envelope.

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

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 THREE 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) 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 mailto:njwindle@fs.fed.us 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

Scientific & Technical Services

SERVICES AND PRICES

GEOSPATIAL SERVICES GROUP AND VEGEGATION ANALYSIS TEAM

Schedule of Items

The Contractor shall provide professional services on a Firm Fixed Price task order basis, for services stated on the following pages for Statement of Work. In establishing the fixed price for individual task orders, the fully burdened fixed hourly rates listed below will be used in the negotiation.

Fixed hourly rates below shall be all inclusive, to include wages, overhead, profit, general and administrative (G&A) costs, and all employee fringe benefits, such as retirement, withholding for

FICA and taxes, unemployment, workman's compensation, union dues, etc. Contractor shall fill in the blanks below.

Categories

Unit

Base

Year

Option

Year 1

Year 2

Year 3

Year 4

Analyst

*HR

Technician

*HR

*Hourly

NOTE: THIS SCHEDULE IS FOR TASK ORDER NEGOTIATION ONLY. SEE

EVALUATION FACTORS UNDER SOLICITATION PROVISIONS, FAR 52.212-2

Evaluation – Commercial Items (OCT 2014).

Estimated Quantities Estimated Quantities for Price Evaluation Only: The following chart contains an estimated amount of hours needed for each year. These quantities will be calculated by the prices offered for each pay item. The result will be used to evaluate quoter’s prices.

*Categories OY 1 OY 2 OY 3 OY 4 OY 5 Analyst 1850 hours 1850 hours 1850 hours 1850 hours 1850 hours

Analyst 1850 hours 1850 hours 1850 hours 1850 hours 1850 hours

Technician 1850 hours 1850 hours 1850 hours 1850 hours 1850 hours

*Two separate analysts may be needed rather than doubling the amount of hours needed.

Option Year (OY)

STATEMENT OF WORK

Scope of Contract

The Contractor shall provide technical and operational support to the Northern Region Geospatial

Services Group and Vegetation Analysis Team. Services shall include but not be limited to the following:

Perform scientific and technical evaluation, correlation, synthesis, interpretation, and presentation of important data in the complex fields of geospatial and statistical analysis.

Provide consultation and make recommendations regarding technical analytical processes consistent with best available science.

Provide scripting and programming services using USFS corporate software to support process automation.

Provide on-going technical support to field users of geospatial and other analysis applications.

Write reports and review analysis summaries to support technology transfer applications.

Develop and conduct training modules in the use of USFS corporate (Regional & National) natural resource applications.

Collection and distribution of remotely sensed image data.

Technical support shall be performed on-site for projects and technology transfer conducted by the

Regional Office Geospatial Services Group and Vegetation Analysis Team throughout the Northern

Region. The Contractor shall furnish all labor, supervision, and supplies (other than for those listed as Government-furnished items) necessary to conduct on-site work at the USDA Forest Service

Regional Office, Missoula, MT. There may also be field work involved at various locations throughout the region depending on each individual Task Order requirement. Work will be administered via Task Orders. Each Task Order will cover one project with an identifier.

Location

The Contractor shall provide day-to-day, on-site technical and analysis support at the R1 Regional

Office facility, located at 26 Fort Missoula Road, Missoula, MT. Delivery of project support will require contract personnel to travel to field locations throughout the Region as designated by the

Contracting Officer’s Representative via the Contracting Officer’s approval. Normal working hours are defined as an 8 hour day and may begin no earlier than 7:00 a.m. and may not work later than

6:00 p.m., Monday through Friday, except federal holidays. Normal tasks will be accomplished within an 8 hour day. At certain times during the year, Contractor personnel may have to work extended hours during the week and weekend; therefore, Contractor personnel will need to flex

(cumulative work hours for the work week will not exceed 40 hours) their work schedule within the

40 hour work week. This is necessary to facilitate coordination with project cooperators and sponsors. When in travel status, Contractor personnel may need to flex their work schedule in order to maximize field data collection in remote locations, not to exceed 12 hours in one day and 10 days in one trip. Virtual/remote support may be allowed if authorized in writing by the Contracting

Officer.

Government Furnished Property

Most of the work within this contract will be performed at the facilities of R1 Regional Office, using government furnished equipment and supplies. The rest is performed off-site, in the field, or at client specified sites (training, project support, etc), which may be located throughout the Region One.

Workstations and other computer equipment, internet and intranet access, GIS and other software, multimedia equipment, phones, FAX, copy machines, and limited clerical and technical support services reside at R1 Regional Office and are available (shared with other staff and support personnel) for the Contractor's use in accomplishing assigned tasks.

The Government will provide to the Contractor the following listed materials, supplies, property, and services (hereafter referred to as "Government Furnished Property", (GFP)) listed below.

1. Limited administrative support.

2. Office space, desk, chair, and office supplies for use by the Contractor in performance of contract.

3. A keycard for authorized building access will be issued to the Contractor.

4. Analytical equipment (servers, workstations, PCs, printers, plotters, etc), photographic interpretation equipment (stereoscopes, light tables, scanners, printers, etc.), and laboratory space, shared with other staff and support personnel.

5. Government owned data and information relevant to performance of contract.

6. Available project plans for related projects, project technical requirements, standards, and results of relevant feasibility studies.

7. Equipment such as multimedia projector, portable computer, photo viewing devices, cameras, GPS units, etc., and supplies needed to deliver multimedia supported training and presentations at primary and field sites as needed.

8. Background Check, “Link” Pass to access building and Government computer, and other security checks/items required to work in a Federal Government building.

The Contractor shall be liable for all loss or damage to such GFP until completion and final acceptance of deliverables required under this contract. If the Government fails to make timely delivery of GFP suitable for its intended use, and upon written request from the Contractor, the

Contracting Officer may make an equitable adjustment of contract delivery or performance dates.

Technical Specifications

The Contractor shall provide skilled personnel with a broad range of Analyst/Technician skills, computer programming and database support, and computer science (with emphasis on mobile technology). Contractor shall provide expertise in conducting specific projects as described on the task order.

Types of expertise to be provided include; image analysis, image segmentation, image classification, accuracy assessment, statistical analysis, tool development and technology transfer to field units.

Types of projects that may be ordered include preparation of project plans, preparation of project reports, integration of GIS/remote sensing analysis, research and data capture, project design, coordination of data acquisition, database design and management, script writing for corporate applications and mobile devices, coordination of mobile device and platform pilot testing, producing analysis findings and providing briefings on project results to field offices.

Contractor Availability

The Contractor shall provide day-to-day support to the Northern Region Geospatial Services Group and Vegetation Analysis Team and other Forest Service personnel.

CONTRACTOR-FURNISHED CRITICAL ITEMS/SERVICES

Required Workforce Experience

Demonstrated experience and knowledge is required in the following areas: 1) general landscape level GIS/remote sensing, 2) statisitical analysis, 3) project design and management, 4) data acquisition and integration for natural resource management, 5) expertise in current vegetation classificaton and mapping, 6) programming skills for developing custom applications including mobile devises, website programming, database analysis, design and integration, 7) provision of specifications/requirements for image data acquisition and QA/QC procedures.

The Contractor shall provide expertise and experience in the design, development, and integration of landscape level remote sensing vegetation classification and mapping to support a wide range of natural resource-related project requirements. Skills required include:

Technical knowledge on natural resource data acquisition and management including the R1

Classification, Mapping, Inventory and Analysis System.

Technical knowledge of GIS, remote sensing, and analysis techniques to be used with spatial and tabular databases.

Technical knowledge of USFS corporate software databases and systems.

Excellent oral and written communication skills.

The Contractor shall provide expertise and experience in design, development, and maintenance of web-based applications, databases, and mobile applications to support a wide range of natural resource-related information requirements. Skills required include:

Web programming and development for projects and operational programs o Ability to develop and support both internal and external websites for a variety of applications

Scripting/programming for web page development/maintenance o HTML o PHP o Java

Database design, development, implementation and maintenance in support of web applications development o MySQL, Oracle

PERFORMANCE WORK STATEMENT TASK/CRITICAL SUBTASKS

Performance

There are two categories of tasks: 1) Provide project support to R1 Engineering Geospatial Services

Group and Vegetation Analysis Team, and 2) Provision of image collection/acquisition services.

Performance will be evaluated accordingly. Performance of each project shall include the following:

1. Preparation of a Project Plan – such plan shall be developed in collaboration with project partners, and shall include a clear and concise objective, a list of tasks, schedule to accomplish these tasks, anticipated results and deliverable products, cost breakdown, quality assurance procedures, list of reports and/or publications, and technology transfer.

2. Performance of specific project tasks, as outlined in the plan, which include; gathering background information, coordination with project partners, developing solutions, collection of data, analysis, project documentation, delivery dates, etc.

3. Preparation of final project report, analysis results, accuracy assessments, if applicable, technology transfer to Forest Service personnel, briefing papers and presentation materials, posters and other items necessary to disseminate the information.

Project Examples

Analyst/Technician project support – Develop a system to use remote sensing technology to classify and map current vegetation on the Bitterroot National Forest. This would include investigating and selecting the correct sensor, developing a classification solution (e.g. canopy cover, dominance type, size class) and data acquisition in the field and from various available remote sensing sensors.

Analyst/Technician project support – Store, maintain, and analyze inventory data stored in

USFS Region 1 corporate database (i.e., FSVeg, FACTS, R1-SDB) to support natural resource management questions pertaining to vegetation condition, wildlife habitat, fire risk, an others.

Image Data collection – providing image acquisition services as needed to support the needs of resources specialists. An example of this is collecting high-resolution imagery post-fire in a timely manner, or the collection of LiDAR to support resource objectives.

Ordering Procedures

(a) Northern Region Geospatial Services Group and Vegetation Analysis Team personnel will identify need for services and prepare a description of work and a Government estimate.

(b) An Integrated Acquisition System (IAS) requisition will be created and submitted with the above documents to the local Acquisition Unit.

(c) The Contracting Officer will contact the Contractor to negotiate a Lump Sum Price for the needed work (including travel/expenses for field work).

(d) Once fair and reasonable agreement is reached, a task order will be issued and the agreement will be binding and the order will become a contract.

Task Order Performance

Pre-work meeting between the Contractor and the Government may be held prior to beginning work on any task order. The purpose is to discuss specific requirements, and to clarify work performance and work schedule described in the specific task order. Once the task order has been issued, the

Contractor shall commence work on the task within three days of the start date identified in the task order, and shall complete the required task by the date specified in the task order.

Level of Effort

The level of effort may change. Should the level of required support increase, the Contracting

Officer will negotiate a change to the task order and the Contractor shall provide the services of appropriately skilled individuals in a timely manner for the needed duration of the support, as defined in task orders.

Travel Costs

Travel and per diem expenses will be negotiated at the time travel is authorized by the Government and the contractgor will be reimbursed for travel expenses in accordance with Federal Travel

Regulations (FTR) (www.gsa.gov/ftr) while in travel status on government business, including ground transportation, business related incidental expenses, meals, etc. For reimbursement, claims for expenses (except per diem expenses) must be supported by signed, dated receipts bearing the name of the vendor for mileage claims for POV, the beginning and end mileage written on the form used for claiming reinbursement. Airline tickets must be purchased by the Contractor, and the cost of tickets will be reimbursed by the Government with other travel expenses, even if the cost, at the lowest rate the purchaser can obtain, exceeds the Government rate. Per diem and mileage rates shall not exceed those established in the Federal Travel Regulations. Contractor shall be a local person or be moved into area during task order performance.

Communication costs while in travel status shall be reimbursed when calls are made from lodging facility. To the fullest extent possible, the Government will provide access to phones located at

Government facilities. With prior approval by the Contracting Officer, the use and reimbursment of phone cards, overruns on cellphones, or other miscellaneous expenses required for the performance of the contract will be reimbursed.

Coordination

Project support requirements are highly variable and reflect the current needs of the Government, the sponsors of the Northern Region Geospatial Services Group and Vegetation Analysis Team and thlevel of effort required for each task. These can, but usually will not, require work on weekends or any other time day or night, depending on weather, equipment availability, data requirements, required coordination with cooperating agencies, or other project related variables.

Proprietary Rights

Deliverables provided under this contract will be the property of the Government to retain and use in perpetuity as it sees fit. The Contractor may; however, retain or create at his/her own expense, for his/her own use, copies of project support materials provided as deliverables under this contract without restriction by the Government.

Deliverables

Deliverables include completed projects, geospatial applications development and support and data analysis reports.

QUALITY CONTROL/ASSURANCE PLAN REQUIREMENTS

Individual Quality Control Plans shall be provided for each task order. The Contractor shall outline how quality control will be monitored and maintained for all work under the contract, and each task order.

http://www.gsa.gov/ftr

Quality assurance will be performed by the Government during the contract at regular intervals.

Methods may include visual survey and customer comments. Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction.

Performance Summary

TASK/CRITICAL

Subtask

QUALITY

STANDARDS

Means of

Measurement

Disincentive Incentive

Task 1:

Technology

Transfer projects

Complies with specifications within the task order.

Delivery within specified time.

COR /Inspector

Review

Rework any deficiencies at no cost to government.

Noncompliance will be reflected in performance evaluation. Task may be terminated.

Full compliance will be reflected in performance evaluation.

Task 2:

Image Data

Acquisition

Data collected shall meet USDA standards.

Complies with specifications within the task order.

Delivery within specified time.

COR/Inspector

Review

Rework any deficiencies at no cost to government.

Noncompliance will be reflected in performance evaluation. Task may be terminated.

Full compliance will be reflected in performance evaluation.

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions—Commercial Items

(Deviation 2017-1) (AUG 2017)

(a) Inspection/Acceptance. 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.

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(g) Invoice.

(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 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 performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(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.

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

(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 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_2.html#wp1079912 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031290 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031326

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

(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; 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.

http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

(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.

(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 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 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 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.

FAR 52.212-4 Addendum to - Contract Terms and Conditions-Commercial Items

(Deviation 2017-1) (AUG 2017)

Requirement to Complete USDA Privacy Basics Course USDA Policy requires that all Contractors who have access to processes or maintains protection of personal information maintained by the Forest Service successfully complete the USDA Privacy Basics training course. Contractors are required to complete the course prior to the performance start date or no https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_8.html#wp1029202 https://www.acquisition.gov/ later than 30 days after contract award or notice to proceed. The Contractor will be provided training course materials and instructions for course completion.

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of

Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards

Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the

Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a

Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the

Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract

Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;

and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph

(c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have

Federal contract information residing in or transiting through its information system.

AGAR 452.204-71 Personal Identity Verification of Contractor Employees (OCT 2007)

(a) The Contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 2620-002 series.

(b) Should the results of the PIV process require the exclusion of a Contractor’s employee; the

Contracting Officer will notify the Contractor in writing.

(c) The Contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a

USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the Contractor. Contractor employees may be barred by the Government from performance of work should they be found ineligible or have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine unaccompanied physical access to a Federally-controlled facility and/or routine unaccompanied access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the COR/COTR, unless otherwise specified in this contract. The PIV Sponsor will be available to receive Contractor identity information from 8:00 a.m. to 4:00 p.m. Monday through Friday at the

Lolo National Forest, 24 Fort Missoula Road. The Government will notify the Contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the

Contractor’s responsibility to meet all aspects of paragraphs (c), (d),and (e).

FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or…