grooming_2018.docx

Sierra National Forest Snow Grooming, High Sierra RD

THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES PRICES/COST

SNOW GROOMING

HIGH SIERRA RANGER DISTRICT,

SIERRA NATIONAL FOREST

BASE ITEM

The Contractor shall furnish all equipment, labor, supplies, supervision, transportation, and incidentals necessary to perform the work in accordance with the specifications, terms, and conditions contained within. Grooming is paid by the mile for one way only except as noted later in the contract. This includes mitigating minor hazards. Item four is for hourly labor that might be necessary to deal, if possible, with major hazards such as large trees which have fallen across the trail. This might be hand work or work done with the grooming machine.

ITEM

NO

QTY

PRICE

TOTAL

PRICE

Kaiser Pass Trail (7.3 miles) Kaiser Pass trail extension(9.4 miles) White Bark Vista Trail (1 mile) Edison Lake Trail (8.1 miles) Florence Lake Trail (6 miles) Bear Butte trail (6.1 miles) Total of 37.9 miles of trail.

ITEM

NO

QTY

PRICE

TOTAL

PRICE

QTY

PRICE

TOTAL

PRICE

Total of 33.5 miles of trail

TOTAL grooming miles High Sierra R.D.

MI

Hourly rate for Large Hazard mitigation.

$/hr

SNOW GROOMING

HIGH SIERRA RANGER DISTRICT,

SIERRA NATIONAL FOREST

OPTION YEAR ONE

The Contractor shall furnish all equipment, labor, supplies, supervision, transportation, and incidentals necessary to perform the work in accordance with the specifications, terms, and conditions contained within.

ITEM

QTY

PRICE

TOTAL

PRICE

Kaiser Pass Trail (7.3 miles) Kaiser Pass trail extension(9.4 miles) White Bark Vista Trail (1 mile) Edison Lake Trail (8.1 miles) Florence Lake Trail (6 miles) Bear Butte trail (6.1 miles) Total of 37.9 miles of trail.

ITEM

QTY

PRICE

TOTAL

PRICE

QTY

PRICE

TOTAL

PRICE

Total of 33.5 miles of trail

TOTAL grooming miles High Sierra R.D.

Hourly rate for Large Hazard mitigation.

Note: The Government shall make the determination as to whether or not to enter into any, all, or none of the option year periods.

SIERRA NATIONAL FOREST

OPTION YEAR TWO

The Contractor shall furnish all equipment, labor, supplies, supervision, transportation, and incidentals necessary to perform the work in accordance with the specifications, terms, and conditions contained within.

ITEM

QTY

PRICE

TOTAL

PRICE

Kaiser Pass Trail (7.3 miles) Kaiser Pass trail extension(9.4 miles) White Bark Vista Trail (1 mile) Edison Lake Trail (8.1 miles) Florence Lake Trail (6 miles) Bear Butte trail (6.1 miles) Total of 37.9 miles of trail.

ITEM

QTY

PRICE

TOTAL

PRICE

QTY

PRICE

TOTAL

PRICE

Total of 33.5 miles of trail

TOTAL grooming miles High Sierra R.D.

Hourly rate for Large Hazard mitigation.

Note: The Government shall make the determination as to whether or not to enter into any, all, or none of the option year periods.

SIERRA NATIONAL FOREST

OPTION YEAR THREE

ITEM

QTY

PRICE

TOTAL

PRICE

Kaiser Pass Trail (7.3 miles) Kaiser Pass trail extension(9.4 miles) White Bark Vista Trail (1 mile) Edison Lake Trail (8.1 miles) Florence Lake Trail (6 miles) Bear Butte trail (6.1 miles) Total of 37.9 miles of trail.

ITEM

QTY

PRICE

TOTAL

PRICE

QTY

PRICE

TOTAL

PRICE

Total of 33.5 miles of trail

TOTAL grooming miles High Sierra R.D.

Hourly rate for Large Hazard mitigation.

Note: Offerors are urged to inspect work sites prior to submitting proposals. For information regarding directions, contact the Contracting Officer’s Representative (COR) Ray Acker at 559-855-5355 ext. 3312.

Proposal must include information on your proposed ‘Contractor Furnished Property’, as detailed in paragraph 4(b) of the Statement of Work. In addition, proposal must include a list of your snow grooming contracts for the last three years. Include in your list the contract number, dollar amount, name, and phone numbers of the company that received the snow grooming services. Offeror is required to submit the attached past performance questionnaire (or any form addressing the past performance criteria set forth in the questionnaire).

TOTALS:

OPTION YEAR THREE

**All items may be awarded to one or more contractors.

Taxpayer ID______________________________________

Contractor DUNS No._______________________________

_____ I certify that I am a small business under NAICS code 115310

_____ I certify that I am registered with System for Award Management (SAM) www.sam.gov formally Central Contractor Registration (CCR)

Company Name

PART I – THE SCHEDULE

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SNOW GROOMING

HIGH SIERRA RANGER DISTRICT

SIERRA NATIONAL FOREST

C.1. SCOPE OF CONTRACT (Statement of Work)

The Contractor shall furnish all labor, equipment, supplies, state required insurance, incidentals, and transportation necessary to perform snow grooming of snowmobile trails on the High Sierra Ranger District of the Sierra National Forest. The grooming shall provide a smooth trail surface, upon which an average snowmobile user can safely travel at speeds up to 30 MPH.

The intent of this contract is to provide a safe and smooth surface for snowmobile use and use by other non-motorized winter recreation users (Nordic skiers, snowshoe enthusiasts, snow campers, sled dog racers, etc.). The groomed trail shall be flat, smooth, free of moguls and bumps, and clear of hazards. Snow set up time should be planned so the set up groomed trail is a compacted, durable, groomed surface.

The winter snowmobile season historically has consisted of approximately 20 weeks starting in Nov/Dec and ending in Mar/April. Snow conditions can vary greatly from year to year. In the past grooming has begun as early as November or as late as January. In an exceptionally dry year grooming may not be possible all winter long due to lack of snow or other weather conditions. Grooming operations may end as early as mid-March or continue into late April.

The objective of this contract is to groom selected trails weekly. Grooming will normally be completed on Thursday or Friday in anticipation of the weekend use. The Government will notify the contractor each week before Thursday of what trails are to be groomed that week. The contractor should not complete any grooming until instructed to do so.

C.2. DESCRIPTION AND LOCATION

The trails to be groomed are on the High Sierra Ranger District of the Sierra National Forest. The access is California State Highway 168. Items 1 & 2 originate in the Huntington Lake area and Item 3 starts at the Tamarack Sno-Park. This snow park is on the east side of Highway 168 between Shaver Lake and Huntington Lake.

Item 1 – Kaiser Pass area: There are (5) five trails to be groomed in this item. The Kaiser Pass Trail (7.3 miles) is on Forest Service road 5S80; the White Bark Vista Trail (1 mile) is on Forest Service road 7S32; the Kaiser pass extension trail (9.4miles) continues on road 5S80, the Edison Lake Trail (8 miles) is on Forest Service road 5S80; the Florence Lake Trail (6 miles) is on Forest Service road 7S01 .

Item 2 – Huntington Lake area: There are seven (7) trails to be groomed. The Huntington Lake Trail (east)(7 miles) is on the Huntington Lake County road; the Dowville Trail (1 mile) is on Dowville West Tract road, the Mushroom Rock Trail (4.8 miles) is on Forest Service road 8S32, the Grouse Creek Trail west (4.9 miles) begins at Keola Rd and ends at HWY 168, The Big Creek Trail (4.4 miles) begins off the Grouse Trail near Huntington Lake and travels around the south end of the lake ending at China Peak Trail and the Huntington Lake trail west (1.5miles) which connects the Huntington east with the Grouse creek trail.

These trails are in and near the Huntington Lake Recreation Area, at Lakeshore, California off of Highway 168.

Item 3 – Tamarack area: There are five trails to be groomed. The Grouse Trail (1.7 mi) begins at Tamarack Sno-Park end ends at HWY 168, Tamarack Trail (10.3 Miles) begins at Tamarack Sno-park and circles the Tamarack area, Bald Mtn. Trail (3.8 mi) begins from the Tamarack Trail and ends at Bald MT Lookout, and Red/Coyote Trail (10.6 miles) and the grouse creek trail east which starts at Highway 168 and ends at the Tamarack trail.

Total of 33.5 miles of trail.

In each Item there are core trails which are the grooming priority, other trails may or may not be groomed depending on snow conditions and funding.

Item One: priorities are the Kaiser Pass and White Bark vista trails.

Item Two: priorities are the Huntington Lake trail to dam 3 and the Mushroom rock trail.

Item Three: priorities are the Tamarack and Bald MT trails.

Grooming is paid for one way only. The mileages above reflect the one way distance.

There are two trails where payment is made for two ways. This is because these two trails are on a road which is wide enough for two passes and the objective is to groom the entire road width.(Note that the mileages listed for these trails is for one way so payment would be made for twice that, assuming the contractor has groomed the full width to specification).

The section of the Huntington Lake trail from Lakeshore Sno-Park to Dam # 3 is to be groomed to its full width which requires grooming out and back. This milage is 5.3 miles one way.

The Kaiser Pass trail is to be groomed to full width from the Eastwood Sno-Park to the “elephant gate”. The distance from eastwood to the elephant gate is 5.8 miles.

C.3. TECHNICAL SPECIFICATIONS

(a) Definitions of Terms

1) Minor clearing hazard - trees or tree limbs less than 24 inches in diameter that protrude into the clearing limits of groomed trail; and snow/mud slides that come onto the groomed trail. The diameter is measured at the large end of the tree at the point it crosses the trail.

2) Minor trail-bed hazard - loose rocks up to 24 inches in diameter, debris created by removing trees or limbs from within the clearing limits, and blocks of ice/snow up to 24 inches in size.

3) Outslope - the slope of the road from the inside edge to the outside edge.

(b) Equipment. The snow groomer shall have the ability to create a flat, smooth trail at least 12 feet wide on the designated trails and in the variable conditions found in the winter environment.

1) The snow groomer shall be an over-snow specific machine with adequate horse power and dimension to negotiate all the trails and run the required 10 way blade, tiller and compaction bar. Note: some trail areas are not suitable to machines wider than 14 feet.

2) The snow groomer shall be equipped with headlights, a flashing amber warning light that can be seen from the front and rear, exterior rear view mirrors, a back-up alarm, windshield wipers, first aid kit, and fire extinguisher. The warning lights must be on whenever the groomer is in operation under this contract.

3) The equipment shall be able to either travel on paved roads or a trailer shall be available to transport equipment to the winter closure point. Note Item 3 begins at Tamarack Sno-Park. This is where payment will begin for grooming ordered in this Item.

4) The groomer and implements shall include a 10-way blade, a tiller and a compaction bar. It is also recommended that the contractor carry an appropriately sized chain saw on the groomer.

5) Contractor shall supply the groomer with survival gear and have it in the groomer during all operations, the gear must be in good condition and includes at a minimum a sleeping bag, spare clothing including warm socks, a warm hat, jacket and gloves. Food and water sufficient for 24 hours and a pair of snowshoes. This also includes a means of communication with a base of operations. The communications must work over the entire trail system, cell phones are probably not adequate. When ever grooming is going on someone must be available to receive communication from the groomer.

6) The equipment must be in reliable, properly maintained operating condition through-out the total contract performance period. It will be subject to inspection, by the Government, prior to use and throughout the contract performance period. It must be capable of accomplishing the work described in the Statement of Work.

7) Staging of equipment: If necessary the contractor may stage the grooming machine at designated locations near the trail systems. For Items 1 & 2 the staging location is the Kokanee work center. For Item 3 it is off the trail near the Tamarack sno-park. These areas are for staging of the machine only. No improvements, fuel or other storage or camping at these sites is allowed. Small repairs and maintenance are allowed but for major work transportation off site may be required. The staging areas have access to the trail systems.

8) The government assumes no liability for the staged equipment from vandalism, weather, falling trees or any other potential causes.

(c) Work Methods and Standards for Snow Grooming:

1) Communication & Direction: The contractor shall conduct grooming only when directed to by the Government. The contractor is not to start or complete grooming unless directed to by the Government. Payment for any grooming completed by the contractor without being instructed to do so is not guaranteed. The intention is to complete grooming weekly or on an as needed basis. The work will usually be completed on Thursdays and Fridays, so the trails will be prepared for the weekend. The Contractor will be notified by the government, usually before Thursday, which trails are to be groomed that week. In times of new snow fall, or depending on use patterns, this may be adjusted but in all circumstances the contractor must receive instruction on what trails to do before starting work. The contractor is to notify the Government when he will be doing the grooming and when he expects to be done. The contractor shall then notify the Government as soon as possible when the grooming is actually completed. In the event that the contractor can not complete the assigned work he shall notify the government immediately. The contractor shall complete only the work directed to do, any other work he completes has no guarantee of payment. A process for meeting these objectives will be determined at the pre-work conference.

2) The trails shall be groomed, where possible, to a minimum trail width of 12 feet for the entire length of the groomed trail system. The exception to this is the Huntington Lake Road and the Kaiser Pass road. On the Huntington Lake road, between Lakeshore snow-park and Dam 3, the contractor shall groom to the full width of the road. This requires grooming one side on the way out and the other on the way back. The same is true for the Kaiser Pass Road between Eastwood Sno-Park and “the elephant gate”. These two sections of road are paid for both directions. The groomer is not to leave the road base of any trail. On the return trip the contractor shall take care to not creat a berm in the trail this is especially true when doing the twop way roads.

3) Typically, a minimum of 12 inches of snow base must be on the roadways before grooming operations start. There may be circumstances when grooming may be directed with less than 12 inches of snow.

4) Grooming activities should be completed at night. The temperature should be a maximum of 35 degrees Fahrenheit and falling. The government may direct grooming during the day if necessary but normally the grooming is to be completed at night. The work should be finished by 0800 hours on Saturday morning or at another agreed to time.

5) Hazards: The contractor is responsible for clearing the trails of all minor hazards. This is considered part of the grooming process. The cleared area will be at least one foot on either side of the trail beds and to a height of 10 feet above the snow level on the trails. Hazards that cannot be corrected shall be identified and marked by the Contractor with markers acceptable to the CO or COR. Photos of these hazards and a GPS point shall be taken and provided promptly to the Government. The contractor is to make the government aware of any un-safe condition on the trail as soon as possible. The contractor shall immediately correct any hazards created by the grooming activity such as holes, dips, bumps or berms.

Trees blocking the trail that are larger than 24inches in diameter are considered major clearing hazards. If it is possible for the contractor to clear the tree from the trail with the equipment at hand while he is in the process of grooming, the contractor may be eligible for payment at the hourly rate listed in Item 4. The contractor will have to have a photographic record of the work. This record must clearly show the major hazard on the trail before work is done and then after. A GPS point is to be taken and information regarding this hazard provided to the Government as soon as possible. If it is not possible to mitigate the hazard the contractor shall mark the hazard as discussed in the previous paragraph.

6) All snowdrifts are to be limited so that no portion of groomed trail is outsloped more than 10 percent. Avalanches will be graded to an outslope of 10%, but this may not always be possible due to rocks, mud, etc.

7) All dips and rises, commonly known as moguls or washboard, shall be properly broken/cut down and reworked to provide a flat, smooth, durable groomed surface.

8) The Contractor shall maintain a communication link to ensure emergency contact between the equipment operator and a base station during snow grooming operations. Forest Service personnel must have communication access to the base station (radio, phone).

9) There may be snow conditions during the season, which cause the closure of portions of the trail system. The Contractor is required to access and work all portions of the trail system that can be done safely.

10) Normally the Contractor shall not begin grooming operations until 12 inches of new snow has fallen. Circumstances when grooming can be done with less than 12 inches of snow shall be approved in advance by CO or COR. Remember the contractor is not to initiate grooming without authorization from the Government

11) The Contractor will begin snow grooming operations within 24 hours of notification by the CO and/or COR, or at an agreed date and time. Typically, work needs to be completed before Saturday morning at 0800hrs. If on an alternate schedule because of weather or other circumstances work must be completed within 48 hours of notification or at an agreed to date and time.

12) There may be times when fresh snow does not fall, but grooming shall be necessary to knock down the moguls, or repair other deficiencies in the trail surface. The CO or COR will inform the Contractor when grooming is necessary in this situation. This may not always be the case so it is possible that grooming may not be necessary every week. If the priority trails are not in need the Government may elect to do an alternate trail(s) or not groom at all.

(d) Inspection of Equipment. Prior to award, the Government reserves the right to inspect the equipment to be furnished. If the equipment is found to be in such condition as to indicate the need for frequent repairs and delays in performance, it will be rejected. The COR will check communication access to the Contractor’s base station. If Forest Service personnel cannot access the station communication system it shall be replaced at the Contractor’s expense with a system that will allow for Forest Service access.

(e) Maintenance and Repairs. The Contractor shall furnish all fuel, lubricants, and any other aids or personal gear necessary for operation of the equipment. All repairs, service and replacements are the responsibility of the Contractor and shall be at the Contractor’s expense. If during the contract period the equipment requires repairs before operations can continue, it shall be the responsibility of the Contractor to complete such repairs, or furnish substitute equipment acceptable to the CO within 48 hours of notification of the need for repairs. Continual breakdowns are unacceptable and may be cause for termination of the contract. It is the Contactor’s responsibility to furnish properly working equipment to complete the job in a timely manner and to specification.

In the event the contractor is unable to meet their obligations the government may elect to find other means to complete the work. The contractor should expect that those miles will be removed from his contract. ( See also the inspections clause E.1)

(f) State and Local Laws. The Contractor shall comply with all state and local laws and requirements.

Trail Inspection. The CO or COR will inspect groomed trail within 24 hours of notification of completion. Coordination between the COR and Contractor is a must so the COR can arrange for prompt and timely inspection. 90% of groomed trail shall be free of defects. Rework of work that does not meet specification shall be done at the Government’s request, and at the contractor’s expense. The re-work needs to be done promptly.

(g) The contractor is to provide a daily diary of all grooming performed. It shall provide the dates, time, trail and milages completed. It shall also include an identifier for the machine used and the operator’s name. The diary should be completed as the work is completed. These diaries shall be available to the Government and a copy shall be provided every two weeks.

Part I – The Schedule Section E Inspection and Acceptance

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

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

E.1. 52.246-1 Contractor Inspection Required (Apr 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts. This clause takes precedence over any Government inspection and testing required in the contract’s specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of clause)

E.1.2 52.246-4 Inspection of Services—Fixed-Price (Aug 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) 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. 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.

(f) If the Contractor fails to promptly perform the services again 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 default.

(End of clause)

Section F Deliveries or Performance

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

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

FAR 52.242-17 – Government Delay of Work (APR 1984)

F.1 DELIVERIES OR PERFORMANCE

ITEM 1 ESTIMATED STARTING DATE CONTRACT TIME

**Option Year (2) December 1, 2020 *One Year (Est.)

**Option Year (3) December 1, 2021 *One Year (Est.)

*The contract period and each option year period are for one year, but the estimated actual work period is five months (December thru the end of April).

**The Government shall determine whether or not to enter into any, all, or none of the option year periods. Contract time shall begin on the date stipulated on the Notice to Proceed, or 10 calendar days after the Notice to Proceed is mailed, whichever is later.

F.1.2. WORK PRIORITIES AND CONDITIONS OF SNOW GROOMING

(a) Snow grooming on the assigned trails is to be performed weekly or on as needed basis as determined by the Contracting Officer (CO) and/or the Contracting Officer’s Representative (COR). The COR will arrange work with the Contractor. Grooming shall not be done without authorization from the COR. The COR will inspect the groomed trail within 24 hours. Grooming will usually be done at night/day as agreed upon by the COR and Contractor, between Monday and Saturday morning in accordance with the following conditions:

1) The air temperature shall be 35 degrees Fahrenheit, with the temperature dropping when grooming. This will be during the night or early morning unless otherwise directed by the COR.

2) The trail system shall be completely groomed and clearing widths maintained by 8:00 a.m. on Saturday morning.

(b) On return trips, the operator shall groom as wide as possible without leaving the road base. No berm is to be left in the middle of the trails, even if this means only grooming the trails the width of the snow grooming equipment. No grooming shall be done off of road surfaces unless agreed to by CO and/or COR and the Contractor.

(c) Once the trailbed is established, the Contractor is responsible for removing minor hazards within the clearing limits. Clearing limits are the width of the groomed trail plus one foot on each side and vertically up 10 feet above the groomed trail. For larger hazards within the clearing limits, the Contractor is responsible for marking the hazard with stakes and brightly colored flagging and promptly notifying the COR of its presence. Minor hazard reduction requiring the use of the snow grooming equipment will be paid for at the contract unit rate for snow grooming. When the hazard reduction is performed by hand or with a chainsaw the work will be considered incidental to snow grooming. Any hazards that are caused by Contractor's operations (such as holes, bumps, berms, etc.) shall be removed immediately by the Contractor.

Section G Contract Administration Data

G.1. MEASUREMENT AND PAYMENT

Payment will be made for the number of actual miles groomed and accepted by the Government. Track packing will only be done with prior approval from COR and is not billable mileage

G.2. PAYMENTS

Invoices shall be submitted to the following Email addresses:

In accordance with the Federal Acquisition requisitions, (FAR), Subpart 32.905 (1) and other applicable policies, proper invoice at minimum must include the following items or it may be rejected:

1. Name of the Contracting Officer (Clayton Hanna)

2. Name and address of the Contractor

3. Invoice date and invoice number

4. Contract/Order number: 12XXXX

5. Description, quantity, unit of measure, unit price

6. Name, title, phone number and mailing address of person to notify in the event of a defective invoice.

To inquire on an invoice, call the National Finance Center at (800) 421-0323, option 2, then option 3.

Invoicing should take place every two weeks and the final invoice within two weeks of the last completed work.

PART 1 – THE SCHEDULE

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 MINIMUM WAGES

Wage Determination #15-5609 (Rev.-6) dated 01/16/2018, is currently in effect for these services and is included as an attachment.

H.2 POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offer is required. It will be scheduled and held within10 days after the date of contract award. The conference will be attended by the Contracting Officer, the Contractor, and the Contracting Officer’s Representative (COR), and Forest Service representatives who may be involved in the administration of the contract. The conference may be conducted by telephone. The meeting will be held by the Contracting Officer to discuss the resulting contract details.

PART II – CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

I.1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

52.212-4 Contract Terms and Conditions – Commercial Items (FEB 2012) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-7 Central Contractor Registration (AUG 2012) 52.237-3 Continuity of Services (JAN 1991) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) I

I.2 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (FAR 52.232-19) (APR 1984)

Funds are not presently available for performance under this contract beyond 09/30/2013. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 09/30/2013, until funds are available to the Contracting Officer for performance and until the contract received notice of availability, to be confirmed in writing by the Contracting Officer.

I.5 ADDENDUM TO FAR 52.212-4:

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years.

Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items . 52.212-5 (Aug 2012)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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) (Pub. L. 108-77, 108-78).

(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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_X_ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] _X_ (12)(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).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

_X_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (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) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (May 2012) (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, and 112-42).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Mar 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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) 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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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)

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FAR 52.212-1)

(FEB 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other…