WRNF_Consulting_Services_SOW.docx

TABLE OF CONTENTS

Solicitation: 1282D718Q0003 Engineering Services Support - IDIQ USDA White River National Forest Service

SECTION B - SCHEDULE OF ITEMS

All unit prices listed below are “best estimates” and subject to confirmation and further negotiation on individual task orders. Positions may be deleted and/or new positions added to this contract by negotiated modification and mutual agreement of the parties.

Base Year

Note: Item 0001 Unit pricing shall include labor rates, overhead, profit, Item 0002 Travel Expenses shall include Airfare, Lodging, Per-diem, Rental and all related travel cost.

Option Year One

Option Year Two

Option Year Three

Option Year Four

Required Contractor Business Information:

Name: ______________________________________

DUNS: ______________________________________

Phone: ______________________________________ E-mail: ______________________________________

SECTION C - PERFORMANCE WORK STATEMENT (PWS)

C.1 Introduction The USDA Forest Service, Rocky Mountain Region, White River National Forest has a need for Temporary Engineering Staffing Services. The primary purpose is for Consulting Services in the inspection of existing bridges as well as site survey, design review and construction management of in-house or partner/proponent-funded and constructed trail bridges across the White River National Forest. The primary partner for such work is the United States Air Force Academy’s Department of Civil Engineering, with whom we recently signed a 5-year agreement. This requirement is advertised as a 100% small business set-aside. Individual task orders will be issued under the proposed contract for each project.

1. Award of Task Orders:

The White River National Forest expects to issue no less than one task order for the duration of the IDIQ with the option to extend beyond the base year in order to issue additional task orders.

2. Task Order Period of Performance:

Each Task Order will cover a minimum of one (1) in-forest project/visit and no more than five (5) in-forest projects/visits during the period of performance under the task order. Each task order shall cover of a minimum of 5 days and no more than 25 days maximum of chargeable hours

A Task Order is the contractual instrument issued by the authorized and warranted Contracting Officer to the Contractor to order work. The Task Order is issued upon agreement between the Government and the Contractor on the scope of work, performance time, and the fixed price for the work. Contractors are bound to accept Task Orders within the contract scope and ordering limitations defined in the ordering clauses. Only written task orders issued by a warranted Forest Service Contracting Officer or Purchasing Agent on an SF 1449 are authorized under this contract.

C.2 Description of Work It is the intent of this contract to procure as-needed Consulting Services with a background in professional engineering services for consulting with the Forest Service on site survey, bridge inspection, design review, and construction management of in-house or partner or proponent-funded and constructed trail bridges on the White River National Forest.

The First Task Order is expected to be issued to support the US Air Force Academy students enrolled in the course entitled “CE495 – Forest Service Bridge Design”.

1. Special expertise is needed in Consulting Services in the design review, constructability evaluation and material selection. This work will take place between 1 Feb 18 and 1 July 18 and is estimated to be about 40-80 hours of work.

2. The students will be coming to the Forest from 15 July – 8 Aug 2018 to construct the bridge. Special expertise is needed to support the construction and to serve as the USFS representative for technical questions as well as questions about resource protection, safety, material rigging and slinging using rocks and trees in the area. Expertise in USFS safety policy and communication devices is also necessary. This portion of work is estimated to be about 120 hours of work.

C.3 Location of Project The services to be performed under this contract shall be located at a Forest Service Region 2 or White River National Forest facility (Regional Office, Forest Supervisor Office, or District Office) or in the field at a project worksite, trial, or road as directed and approved by the Contracting Officer issuing the task order.

The first project will be the McCullough Gulch Bridge; Dillon Ranger District, Breckenridge CO. Project is accessible by trailhead north of Hoosier Pass of US Highway 24. Some walking to the jobsite is required.

C.4 Materials, Equipment and Training

1. Government Furnished Property:

The Government will provide the workspace and lend associated equipment and materials sufficient for the contractor support staff to properly perform the tasks associated with this contract. The United States Forest Service (USFS) shall retain ownership of all Government furnished facilities, equipment, and materials furnished under this contract (e.g. computers, printers, telephones, office supplies, etc.) All furnished property shall be accounted for and returned to the Government at the end of this contract.

The personnel employed under this contract may have access to the use of Government furnished vehicles. The Contractor shall ensure that the Contract Support Personnel comply with the requirements of the Federal Acquisition Regulation 45.304 and Forest Service Manual 1580, which include:

· Contract Support Personnel (CSP) must hold a valid State driver’s license.

· CSP must complete a defensive driving course prior to using a Government vehicle.

· CSP must read a copy of the Forest Service Driver Operating Guide (EM-7130-2).

· CSP must operate all Government vehicles in accordance to all Forest Service rules and regulations

· CSP must provide proof of insurance and maintain a comprehensive liability insurance policy of no less than $100,000 per occurrence of bodily injury and property damage.

2. Contractor Shall Furnish:

All labor, supervision, training and support necessary to fulfill the requirements herein.

C.5 Deliverables The deliverables specified herein shall be produced in hard and soft copy using media compatible with Government software applications:

C.5.2 A002: Consulting in Design Review (as directed) C.5.3 A003: Consulting in Construction Plan (as directed) C.5.4 A004: Bridge Inspection Reports (as directed) C.5.5 A005: Weekly Activity Status Report C.5.6 A006: Fund and Man Hour Expenditure Report C.5.7 A007: Hour Tracking Report for Each Individual Task Order and Employee

C.6 Reporting The Contractor support staff shall provide weekly (or as specified in task order) status reports via electronic email on tasks being worked and those completed. The reports should summarize tasks as assigned with status updates and project details. Monthly “Usage and remaining hour’s reports” are to be submitted to the Contracting Officer (CO) and Contracting Officer Representative (COR) electronically. Contractor shall notify the CO if remaining hours are less than 32 hours.

(1) Contractor shall submit reports to the CO and COR on a weekly basis for each Task Order.

(2) Weekly reports are due on Mondays at 8 am Mountain Standard Time.

(3) Reports will be formatted using Microsoft Office suits (e.g. Word, Excel) and other standard software (e.g. Adobe) as appropriate.

(4) Reports will be formatted with one (1) inch margins and ten (10) point Times New Roman font.

(5) Contractor shall include the following items in the report, as a minimum:

a. Name and Address of Contractor

b. Date

c. Contract Number

d. Contract Line Item Number list of assigned/completed tasks

C.7 Governing Regulations, Handbooks, and References The following regulatory guidance shall be adhered to during the performance of this contract as may be applicable:

· Federal Acquisition Regulation (FAR),

· Agriculture Acquisition Regulation (AGAR),

· The Federal Property Management Regulations (FPMR)

· General Services Acquisition Regulations

· Forest Service Acquisition Regulations (FSAR),

· Forest Service Handbooks,

· Forest Service Manuals,

· Agencies Appropriation Act, and

· Other applicable United States Code and Public Laws pertaining to acquisition and related activities.

AGAR 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

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

(End of Clause)

SECTION D - PACKAGING AND MARKING

{There are no clauses for this Section.}

SECTION E - INSPECTION AND ACCEPTANCE

FAR 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996) is incorporated by reference. (See www.acquisition.gov/far for full text.)

AGAR 452.246-70 Inspection and Acceptance. (FEB 1988) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the deliverables and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: the worksite.

E.1 DEDUCTION RATE

It is the objective of the Government to complete and satisfactory performance in accordance with the terms of the specifications and requirement sin this contract. To this end, the Government is contracting for the complete performance of each task identified in the specifications, and deductions may therefore, be made stipulated in this Section.

Withholding Monies for Non-submission of Reports. If the contractor fails to prepare and/or submit acceptable reports as called for in Section C, within the required time frame, this may be construed to mean that contract work has not been performed and the Government will withhold $100 per full or partial day that a satisfactory report is not provided to the COR.

E.2 ADDITIONAL REQUIREMENTS FOR INSPECTION OF SERVICES

(a) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (d) below.

(b) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(c) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(d) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(e) The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test or when prior rejection makes re-inspection or retest necessary.

E.3 FAILURE TO PERFORM

(a) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. If the work remains deficient, the COR may have the work accomplished by other means and deduct the cost thereof from the monthly payment. When the defects in services cannot be corrected by reperformance, the Government may--

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(b) If the Contractor fails to promptly perform the services in conformity with the contract requirements or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may--

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for cause.

SECTION F - DELIVERIES OR PERFORMANCE

FAR 52.242-15 Stop-Work Order. (AUG 1989) FAR 52.242-17 Government Delay of Work. (APR 1984) Are incorporated by reference. (See www.acquisition.gov/far for full text.)

AGAR 452.211-74 Period of Performance. (FEB 1988) The period of performance of this contract is from Date of Award through one (1) year from award date. All Task Orders shall be performed within the performance period specified in the task order.

AGAR 452.211-75 Effective Period of the Contract. (FEB 1988) The effective period of this contract is from Date of Award through one (1) year from award date. Each option year period of performance will be the proceeding following year of the base contract end date. Total contract time will not exceed five (5) years and six (6) months, inclusive of any options that may be exercised.

F1. RECOGNIZED HOLIDAYS

The Government recognizes the following holidays. Should a recognized holiday fall on a weekend, the alternate day designated by the Government shall be recognized as the holiday. Work will not be performed on these holidays as Government offices will be closed, therefore the Contractor shall not bill for any hours during these holidays or at other times when the Government Facility is closed due to local or national emergencies, administrative closing, or similar Government directed facility closings.

F2. PLACE OF PERFORMANCE

The services to be performed under this contract and all subsequent Task Orders shall be the Contractor will support the White River National Forest Supervisor offices and District offices within the White River National Forest located in Colorado.

F3. HOURS OF OPERATION

Normal operating hours are between 6:00AM and 6:00PM, Mountain Time, Monday through Friday; core hours are 10:00AM to 2:00PM. Work shall be performed as directed on each task order based on this schedule.

SECTION G - CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within ten (10) days after the date of contract award. The conference location will be determined at a later date.

(End of Clause)

G.1 INVOICES:

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's electronic Invoice Processing Platform (IPP); all invoices shall be submitted via IPP. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at https://www.ipp.gov/index.htm.

The successful offeror must register at https://www.ipp.gov/vendors/enrollment-vendors.htm upon contract award if an IPP account has not previously been established.

G.2 GENERAL INFORMATION:

1. Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

2. Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed in association with each individual Task Order.

3. Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

4. Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

5. Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract issuance of task order(s) and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

6. Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

G.3 FOREST SERVICE REPRESENTATIVES:

Lonnie D Root will serve as the Contracting Officer on the base contract. He will have full warrant authority over all contract issues. He can be reached at (970) 945-3225 or via email at lroot@fs.fed.us

Administrative Contracting Officers (ACO’s) will be appointed at the time of award of each Task Order.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SPECIAL CONTRACT REQUIREMENTS

H.1.1. GOVERNMENT – CONTRACTOR RELATIONSHIPS:

a. The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services and the parties recognize and agree that no employer/employee relationship exists or will exist under the contract between the Government and the Contractor and/or between the Government and the Contractor’s employees. It is therefore in the best interest of the Government to afford both parties a full and complete understanding of their respective obligations.

b. Contractor personnel under this contract shall not: (1) be placed in a position where they are employed by a Federal Officer, or under the supervision, direction, or evaluation of a Federal Officer. (2) Be placed in supervision or administration or control over civilian personnel, or personnel of other contractors, or become a part of the Government organization. (3) Be used in administration or supervision of civilian procurement activities.

c. Employee Relationship: (1) The services to be performed under this contract do not require the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor’s employees will act and exercise personal judgment and discretion on behalf of the Contractor.

H.1.2. AUTHORITY: The Contractor shall not in any way represent that he is a part of the United States Government or that he has the authority to contract or procure supplies on the credit of the United States of America.

H.1.3. REPRESENTATIONS: The Government assumes no responsibility for an understanding or representations made by any of its officers or agents during or prior to execution of any contract resulting from this solicitation, unless (1) such understanding or representations are expressly stated in the contract and (2) the contract expressly provides that the responsibility therefore is assumed by the Government. Representations made but not so expressly stated and for which liability is not expressly assumed by the Government in the contract shall be deemed only for the information of the Contractor.

H.1.4. CONTRACTOR PERSONNEL:

a. The Contractor shall be responsible for selecting personnel who are well qualified to perform the required services, for supervising techniques used in their work and for keeping them informed of all changes and method of operations.

b. The Contracting Officer may direct the Contractor to remove, and the Contractor shall remove any employee from an assignment to perform services under this contract for reasons of security, performance, and/or misconduct.

c. Where the reason for the removal request is due solely to misconduct or security on the part of the employee, replacement will be at the Contractor’s expense and not chargeable to the Government.

d. The Government shall not exercise any supervision or control over Contractor employees performing services under this contract. Such Contractor employees shall be accountable not to the Government, but solely to the Contractor, who, in turn, shall be accountable to the Government.

H.1.5. PERSONNEL:

The Contractor shall provide the Contracting Officer a listing of all employees who will require access to the facilities. The listing shall contain the full names, home address, and position of each individual. The Contractor shall send changes to the Contracting Officer as necessary to keep listing current.

With the exception of Government owned facilities provided for Contractor use, Contractor personnel shall not enter any building without prior permission of the Contractor Officer.

H.2 RECORDING PRESENCE:

All contract employees, performing working under this contract, must sign in and sign out in accordance with local work location procedures. Task orders should specify check in and check out procedures for duty location.

H.3 PROFESSIONAL CONDUCT AND PERFORMANCE:

The Contractor's staff is expected to adhere to professional conduct standards that include appearance, professional courtesy, and punctuality. Should any of the Contractor’s staff be determined to be unacceptable in terms of professional conduct during duty hours, the Government COR shall inform the Contractor’s Project Manager of such conduct and/or performance and allow the Contractor to either remedy the situation to the Government’s satisfaction or remove and replace the unacceptable on-site personnel at no additional costs to the Government.

The Contractor shall not employ persons for work under this contract without assuring the personnel do not pose potential risk to health, safety, security, general well-being or operational mission of the facility and its employees. In the event that any of the Contractor’s staff is identified to be a potential threat to the operational mission of the facility and its employees, the Government COR shall inform the Contractor’s Project Manager of such unacceptable personnel and that the Contractor is requested to immediately remove and replace the unacceptable on-site personnel at no additional costs to the Government.

H.4 CONTRACTOR IDENTIFICATION:

All Contractor/subcontractor personnel will identify themselves as contractor employees during all forms of communications such as: business meetings, telephone conversations, electronic mail, attendance sheets, coordination documentations, reports, and the signature blocks utilized in all correspondence. The Contractor/subcontractor personnel shall wear a picture identification badge and identify their workspace area with their name and company affiliation.

H.5 INHERENTLY GOVERNMENT FUNCTIONS:

Contractors will not perform services that provide inherently Governmental functions. In performing the tasks in this PWS, the contractor shall immediately stop work and notify the Government Contracting Officer in writing regarding situations where they believe, or have reason to believe, they have been tasked to perform an inherently Governmental function as defined by FAR subpart 7.5.

H.6 TRAVEL:

Travel, if required, to include all costs for airfare, lodging, per diem, and car rental will be at the cost of the contractor and should be reflected and quoted within the contractors bid. All travel will be done in accordance with the Federal Travel Regulations and coordinated with the COR and CO. No additional direct or administrative costs shall be applied to travel. Travel will not be reimbursed when working at a Government Facility.

H.7 PREWORK CONFERENCE:

Prior to commencement of work and after issuance of any Task Order(s), the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, and fire prevention plans shall be finalized in writing.

SECTION I - CONTRACT CLAUSES

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

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

www.acquisition.gov/far www.usda.gov/procurement/policy/agar.html

(End of clause)

FEDERAL ACQUISITION REGULATIONS (FAR):

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.204-7 System for Award Management. (JUL 2013) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUL 2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.208-9 Contractor Use of Mandatory Sources of Supply or Services. (OCT 2008) 52.209-1 Qualification Requirements. (FEB 1995) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) 52.211-18 Variation in Estimated Quantity. (APR 1984) FAR 52.212-4 Contract Terms and Conditions - Commercial Items (MAY 2015) 52.215-2 Audit and Records - Negotiation. (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-8 Utilization of Small Business Concerns. (OCT 2014) 52.219-11 Special 8(a) Contract Conditions. (FEB 1990) 52.219-14 Limitations on Subcontracting. (NOV 2011) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2014) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-17 Non-Displacement of Qualified Workers (MAY 2014) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.232-1 Payments. (APR 1984) 52.232-18 Availability of Funds. (APR 1984) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-25 Prompt Payment. (JUL 2013) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.242-13 Bankruptcy. (JUL 1995) 52.246-20 Warranty of Services. (MAY 2001) 52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

AGRICULTURAL ACQUISTION REGULATIONS (AGAR):

452.237-75 Restrictions Against Disclosure. (FEB 1988)

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.

(End of clause) FAR 52.207-3 Right of First Refusal of Employment. (May 2006)

(a) The Contractor shall give Government personnel, including currently contracted support personnel, who have been or will be adversely affected or separated as a result of award of this contract the right of first refusal for employment openings under the contract in positions for which they are qualified, if that employment is consistent with post-Government employment conflict of interest standards.

(b) Within 10 days after contract award, the Contracting Officer will provide to the Contractor a list of all personnel who have been or will be adversely affected or separated as a result of award of this contract.

(c) The Contractor shall report to the Contracting Officer the names of individuals identified on the list who are hired within 90 days after contract performance begins. This report shall be forwarded within 120 days after contract performance begins.

(End of clause)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (MAY 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved)

[] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[X] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[X ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

[ ] (10) (Reserved)

[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[ ] (ii) Alternate I (NOV 2011) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (JAN 2011) of 52.219-4. [ ] (13) (Reserved) [ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [ ] (ii) Alternate I (NOV 2011).

[ ] (iii) Alternate II (NOV 2011).

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644). [ ] (ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)). [ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (OCT 2001) of 52.219-9.

[ ] (iii) Alternate II (OCT 2001) of 52.219-9.

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[ ] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[ ] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).

[ ] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

[ ] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (JUN 2014) of 52.223-13.

[ ] (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ] (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514).

[ ](ii) Alternate I (JUN 2014) of 52.223-16.

[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[ ] (41) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[ ] (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (MAY 2014) of 52.225-3.

[ ] (iii) Alternate II (MAY 2014) of 52.225-3. [ ] (iv) Alternate III (MAY 2014) of 52.225-3.

[ ] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ ] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[ ] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (49) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (51) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (53) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[ ] (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[X] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[ ] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[ ] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[ ] (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xi) _X_ (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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 activities designated in the Schedule. Such orders may be issued from date of contract award through the last date of contract performance, including any option periods of performance exercised.

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

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

(End of clause)

FAR 52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $250,000.00;

(2) Any order for a combination of items in excess of $250,000.00; or

(3) A series of orders from the same ordering office within sixty (60) days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ten (10) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

FAR 52.216-22 Indefinite Quantity. (OCT 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after five (5) years from date of award.

(End of clause)

FAR 52.217-8 Option to Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.