AG-0116-S-09-0090_solicitation.pdf

REQUEST FOR PROPOSALS

Proposal Due Date:

7/16/2009

Solicitation No: AG-0116-S-09-0090

PROJECT NAME: Engineering Technical Services (Small Business set-aside)

QUICK INDEX

Section Item Description A SF 33, Solicitation, Offer and

Award

B Schedule of Items

C Description and Specifications

D Packaging and Marking

E Inspection and Acceptance

F Deliveries and Performance

G Contract Administration Data

H Special Contract Requirements

I Contract Clauses

J List of Attachments

K Representation/Certifications

L Instructions to Offerors

M Evaluation Factors

PROPOSAL REMINDERS

Submit printed copy of offer to the address listed on the enclosed SF 33.

Before submitting your offer, please review the following:

Have you rechecked your figures?

Have you completed the Schedule of Items?

Have you completed and signed the SF 33, Solicitation, Offer & Award?

Have you acknowledged all amendments?

Have you completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov

Have you submitted your Technical

Proposal and a copy of a Business/Cost Proposal per Instructions in Section L?

Technical Proposals must sufficiently address Evaluation Factors listed in Section M.

Have you registered in the Central

Contractor Registration database? (Section I)

ISSUING OFFICE:

USDA – Forest Service Federal Building, 648 Mission St.

KETCHIKAN, AK 99901

Phone (907) 747-4273 – Fax (907) 228-6241 http://orca.bpn.gov/

SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 700) 1 42 PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

SEALED BID (IFB) NUMBER Engineering Technical Services

(Small Business Set-aside)

AG-0116-S-09-0090 NEGOTIATED (RFP)

June 16, 2009 #288582

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7) Tongass National Forest Federal Building – 648 Mission Street

Ketchikan, AK 99901

Same as Block 7

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Room 216 until 2:00 PM local time 7/16/2009 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

A. NAME

B. TELEPHONE NO. (NO COLLECT

CALLS)Area Code/Number/Extension

C. E-MAIL ADDRESS

CALL: A Kay Steffey (907) 747-4273 ksteffey@fs.fed.us

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 11-18

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 3 - 6 X J LIST OF ATTACHMENTS 19-29

X D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E

INSPECTION AND ACCEPTANCE 7 K REPRESENTATIONS, CERTIFICATIONS AND

X F DELIVERIES OR PERFORMANCE 7

X

OTHER STATEMENTS OF OFFERORS

30-34

X G CONTRACT ADMINISTRATION DATA 8 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 35-37

X H SPECIAL CONTRACT REQUIREMENTS 9-10 X M EVALUATION FACTORS FOR AWARD 38-42

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated):

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN 15A.

NAME AND

ADDRESS

OF OFFEROR

OFFER (Type or Print)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER 15B. TELEPHONE NO. (Include area code and extension)

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

Technical Services AG-0116-S-09-0090

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Engineering Technical Services

(A) Item

(B) Description

Technical Services

(D) Unit

(E) Estimated Quantity

(E) Unit Price

Base Year

Road/trail Location Services

Hour 480

Construction Inspector Hour 480 $ Data Collection/Contract preparation Hour 480 $

(A)

Item

(B) Description

Technical Services

(D) Unit

(E) Estimated Quantity

(E) Unit Price

Option Year One

Road/trail Location Services

Hour 480

Construction Inspector Hour 480 $ Data Collection/Contract preparation Hour 480 $

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $5,000, but not in excess of $150,000.

Vendor Name: Phone

Signature: Fax

Address: Email

City, State, Zip: TIN#

Duns#

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Work

This solicitation, and any resulting contracts, is for technical services within the Tongass National Forest. Work includes furnishing all labor, equipment, supervision, transportation, operating supplies and incidentals necessary to perform various engineering technical services including contract administration (inspector) for road & trail projects, location for new road & trails, road & trail maintenance information collection and contract preparation support services, in support of the Tongass National Forest transportation program specified in Task Orders.

Road & trail Locator: Encompasses all aspects of road & trail location such as ground reconnaissance of trial routes, coordination with other resource personnel (such as timber/logging engineer, fisheries biologists), flagging of final road & trail location on the ground, transferring on-the-ground information to aerial photos and contour maps.

Contract administrator: Encompasses all aspects of road & trail construction and maintenance inspection, including monitoring contractors work on a daily basis, writing daily diaries and reports, communications with COR’s and CO’s, interpreting contract specifications.

Road & trail maintenance information collection and contract preparation: Collecting on the ground information and/or updating existing information in order to assemble road & trail maintenance, reconstruction, surfacing and road storage contracts. Assemble the technical portions, such as work lists and specifications, of the contract as directed by FS personnel.

Volume of Work: The estimated quantities stated in the Schedule of Items are for pricing purposes only for this contract. The actual volume of work included in each task order will depend upon available funding.

C.2 Place of Performance

Primary place of performance varies: This contract covers the entire Tongass National Forest.

Most Road & trail location activities will occur out of Ketchikan, Petersburg or Wrangell AK.

Most contract administration activities will occur out of Ketchikan, Petersburg, Wrangell and Thorne Bay, AK (Prince of Wales Island)

The contractor may work at a remote location or different Forest Service office, as specified in each individual task order. The task orders will also specify what items will be provided by the Forest Service, such as transportation, field accommodations, phone and internet service, as well as a laptop computer with necessary software and access to Forest Service systems necessary to perform the work required.

As applicable the contractor shall agree to security clearance procedures where access to Government buildings and computers are required.

C.3 Duration and Frequency of Services

The duration of this contract will be a base season starting July 30, 2009 thru October 31, 2009, and one option season starting June 1, 2010 thru October 31, 2010. The work contemplated by this contract is seasonal and cyclic in nature. There will be periods within the contract term that may require a greater effort than other periods. Work schedules shall be coordinated with the Contracting Officer.

C.4 Hours of Services

Unless otherwise authorized by the Contracting Officer (CO), the services shall be performed within the regular work week, Monday through Friday between the hours of 7:00 a.m. and 5:00 p.m. Occasional weekend work and work outside of regular work hours may be required to accommodate travel and contract inspection.

C.5 Contractor Performance

Contractor shall submit resumes that address the qualifications of the individuals planned for doing the work associated with this contract. The resumes must address the attached experience requirements for the type of work the contractor expects to perform.

Personnel assigned by the Contractor to the performance of work here under must be acceptable to the Government in terms of personal and professional conduct. Should the continued assignment to this contract of any person in the Contractor’s organization be deemed by the CO to conflict with the interests of the Government, that person shall be removed from the assignment. The Government will provide the Contractor supporting documentation upon request.

Should it become necessary to replace key personnel described above during the term of the contract, replacement personnel’s qualifications shall meet or exceed those minimum qualifications set forth. The Contractor shall submit resumes of replacement personnel’s qualifications to the CO prior to any such replacement action.

a. Complete all ordered services by the completion date stated in each Task Order.

For all tasks, the penalties for poor performance are:

a. Contractor may be required to re-work the unacceptable portion of the work, at the

Contractor’s expense;

b. Contractor may receive a poor performance rating for this contract;

c. Government may withhold partial, or full, compensation;

d. Contractor may be required to replace lost, or damaged Government property; and

e. Contract may be terminated for the contractor’s default.

For all tasks, the incentives for high quality performance are:

a. Contractor will receive a superior performance rating; and

b. The Government is more likely to select the Contractor for future Task Orders.

C.6 Government-Contractor Relationships

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 relationships exist 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 the parties a full and complete understanding of their respective obligations.

Contractor personnel under this contract shall not:

1. Be placed in a position where they are appointed or employed by a Federal Officer or are under the supervision, direction, or evaluation of a Federal Officer.

2. Be placed in a position of command, supervision, administration, or control over federal personnel or personnel of other contracting companies.

3. Be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations applicable to Federal Agencies.

C.7 Employee Relationship:

The services to be performed under this contract do not require the Contractor or its 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.

C.8 Facilities, Supplies and Services

The Contractor shall furnish all management, administrative, and supervisory functions required for the effective performance of this contract.

1. The Government shall furnish at no cost to the Contractor:

2. All equipment, work space, and supplies necessary to complete the services;

3. Government forms, publications, and documents, except those offered for sale to the public;

4. Access to computers, terminals, common use software, data entry services, communication networks, and other resources owned or leased and operated by the Government.

5. Transportation and field subsistence as required by each task order. The contractor may be required to stay in government owned field camps and use field subsistence methods while on remote projects.

Transportation such as float planes, boats and vehicle travel will be provided by the forest service.

Travel between larger cities by commercial means will need to be provided by the contractor and as outlined in each task order.

C.9 Resources Provided by the Contractor

The Contractor shall assume all risk, loss, damage, or expense arising out of the prosecution of the work, except as otherwise provided in the contract.

A. Unless otherwise stated in the solicitation, the contractor shall furnish all material required for performance of the contract. All material shall comply with these specifications.

B. The Contractor shall furnish and deliver the material to the site of the work in such a manner that their quality and fitness for the work is preserved.

C. The Contractor shall start work within ten calendar days after each Task Order is approved.

The Contractor shall notify the CO the day before work commences on a Task Order.

D. Measurement and payment for contract work will be made only for those pay items included in the Schedule of Items.

C.10 Telephone Service for Conducting Official Business

The Contractor may have access to Government-furnished telephones. The Government provided long distance phone system can be used for all long distance calls made in the performance of a the services.

Telephone calls to conduct Contractor company business or other Contractor matters other than local calls shall not be made on the Government phone system or otherwise billed to the Government. Such calls shall be made through the use of the company credit card or other means of billing the company.

C.11 Government Furnished Property

The Contractor will be responsible and accountable for Government property furnished to the Contractor for contract performance.

Responsibility for Government property. The Contractor assumes full responsibility for and shall compensate the Government for any and all loss or damage whatsoever to any and all Government property, including any equipment, supplies, accessories, or parts while in his/her custody or care for storage, repairs, or services to be performed under the terms of this contract, resulting in whole or part from negligent act or omissions of Contractor and subcontractor or any employee, agent, or representative of Contractor or subcontractor.

Hold harmless and indemnification agreement. The Contractor shall save and hold harmless and indemnify the Government against any and all liability, claims, and costs of whatever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work under the terms of this contract resulting in whole or in part from the negligent acts or omissions of Contractor and subcontractor, or any employee, agent, or representative of Contractor or subcontractor.

Damage to Government property from causes other than Contractor’s negligence. Nothing in the above paragraphs shall preclude the Government from receiving the benefits of any insurance the Contractor may carry which provides for indemnification for any loss or destruction of or damage to Government property in the custody and care of the Contractor. The Contractor shall do nothing to prejudice the Government’s right to recover against third parties for any loss, destruction of, or damage to Government property and shall furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and execution of instruments or assignments in favor of the Government) in obtaining recovery.

C.12 Restrictions and Standards of Conduct

The Contractor and its employees shall conduct only business covered by this contract during periods paid for by the Government and will not conduct any other business on Government premises. Contractor employees will abide by normal rules and regulations applicable to the Government premises on which they work, including any applicable safety and security regulations as well as any measures necessary to verify Contractor labor hours.

In the performance of this contract, the contractor and its employees may have access to sensitive data including but not limited to Tax Identification Numbers, Social Security Numbers and other data. . No unauthorized disclosure or use of such information will be permitted. The contractor shall adhere to the same ethical standards of conduct as employees, 5 CFR 2635, with respect to use and disclosure of information.

C.13 Travel

The Forest Service will determine needed travel and all travel will be authorized in the task order. Off-site assistance and travel for additional projects/meetings will be negotiated by the Government and reimbursed in accordance with Federal Travel Regulations. Costs for transportation and per diem (lodging, meals, and incidental expenses) will be in accordance with the regulatory implementation of Public Law 99-234, Federal Acquisition Regulation (FAR) 31.205-46, Travel Costs. Safety training for travel on authorized government furnished aircraft shall be mandatory.

SECTION D--PACKAGING AND MARKING

D.1 Project Labeling for Official Correspondence

The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project.

The Government issued contract number is to be referenced on all official communication starting upon notice of award.

Note: The main or parent contract number of the IDIQ will have “C” for contract indicator in the number. Task Orders will have a similar number format but will have a “D” in place of the “C”.

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.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.arnet.gov/far/

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F.2 AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from date of award through October 31, 2010. Task orders awarded prior to October 31, 2010 may have task order contract time up to October 31, 2010.

http://www.arnet.gov/far/

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 Administration

(a) CONTRACTING OFFICER’S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer’s Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government.

The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer.

The term “Contracting Officer” as used throughout the contract shall be interpreted to include the Contracting Officer’s designated representative(s) acting within the limits of their delegation of authority.

(b) CONTRACTOR’S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.

G.2 Government-Furnished Property

The Government may provide item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

G.3 Payment

(a) Final Payment. The invoice for task orders must be notated if they are final payment.

(b) In addition to the invoice requirements in FAR 52.232-25 - Prompt Payment, invoices submitted under this contract shall be submitted on a monthly basis.

(c) Proper invoices shall be submitted for payment to the designated billing office identified below unless otherwise specified in a task order:

Contracting Officer, Tongass National Forest, 648 Mission St., Ketchikan, AK, 99901 or faxed to same office at 907-228-6254.

Prior to submission of invoice, contractor shall review invoice statements with designated Contracting Officer Representative to establish advance agreement on invoicing amounts.

G.4 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror(s) will be scheduled if required by the Contracting Officer. It will be scheduled as soon as possible after the date of contract award. Dates and locations of the conferences will be mutually agreed upon.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 Contract Prices and Task Order Prices

(a) The Government may use the prices in this contract, within any conditions specified, for task orders issued under this contract. However, whenever the Government issues a task order with a contractor or provides an opportunity to more than one contractor to compete for a task order, the contractor may offer discounts to this contract's prices or other concessions which might enhance its likelihood to be selected for award of the task order.

(b) Any discounts or concessions offered by a contractor for a task order apply only to that particular task order, and do not modify this contract or affect already-completed, on-going, or future task orders.

(c) For the purpose of this clause, discount means a reduction to the contract prices.

(d) For the purpose of this clause, concession means any benefit, enhancement or privilege (other than a discount), which either reduces the overall cost of the Government's acquisition or encourages the Government to select the contractor offering the concession.

(d) Task orders with item quantity amounts more than those stated in the contract’s quantity groups in the Schedule of Items may be awarded at the same price of the largest quantity group for that item or may be further discounted.

H.2 Task Ordering Procedures

To order services under this contract, a task order announcement will be forwarded to the Contractor(s) identifying the specific requirements of the individual order on an SF-18 or other form.

The Contractor(s) shall prepare and submit a response to the task announcement by the due date stated on the announcement. Upon award of a task announcement, the Contracting Officer will issue a written task order for work on a SF-26.

Any warranted Contracting Officer within the USFS Alaska Region may issue a task order exceeding $3,000 for this contract. The Contracting Officer will issue a task order announcement to all contractors within a designated area. If a Fair Opportunity exception applies, the task order announcement will be issued to one contractor. The task order announcement will include a due date for proposal submission and a Statement of Work (SOW) which includes a detailed description of work to be accomplished, a listing of the deliverables required, and additional data as appropriate.

H.2.1 Task Order Announcement Media

As Government needs are identified, Task Announcements detailing the specific services to be provided will be issued in writing and may be transmitted by any of the following media: Fax, US Mail, Email, FedEx, or UPS.

The Government will make every effort to provide adequate time for contractors to make informed responses to task announcements. Typical announcement times will be from 21 to 30 days between issuance and closure. Shorter times may be necessary to fill more urgent requirements.

Offerors are urged and expected to inspect the site where the work will be performed on resulting task orders.

H.2.2 Award of Task Orders & Fair Opportunity

Contractors are bound to accept task orders within the ordering limitations defined in the ordering clauses (See Section I.7 Ordering Limitations).

If a contractor is awarded multiple task orders, work shall be completed concurrently unless otherwise specified in a task order.

Competitive task order awards will be made to the Contractor(s) who provide the best value to the Government, including:

(a) Past performance on earlier task orders under this contract including quality and timeliness.

(b) Potential impact on other orders placed with the contractor.

(c) Price including price realism and price reasonableness as per Section M.5.

The Contracting Officer will give every contractor a fair opportunity to be considered for a task order unless one of the following exceptions applies:

1. The Governments need for the service is so urgent that providing a fair opportunity would result in unacceptable delays.

2. The order must be issued on a sole source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

3. It is necessary to place an order to satisfy a minimum guarantee.

H.3 Fair Opportunity Ombudsman

Ombudsman Description. In accordance with FAR 16.505(a)(6), no protest under FAR subpart 33.1 is authorized in connection with CO decisions regarding fair opportunity or the issuance of a TO under this contract, except for a protest on the grounds that a TO increases the scope, period, or maximum value of the contract. The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered consistent with the procedures in the ontract. Complaints to the USDA Forest Service Ombudsman must be forwarded to: c

Assistant Director for Operations, Acquisition Management, Washington Office Ronald Wester 1621 N Kent Street, Plaza E, Suite 707 Arlington, VA 22209 Phone (703) 605-4665 Facsimile (703) 605-5100

H.5 Contractor Responsibility To Notify Government

The Contractor will notify the COR when leaving the project area of any task orders for 3 or more days and within 24 hours before returning to the project area.

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

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) 52.215-1 Instructions to Offerors—Competitive Acquisition.

52.215-2 Audit and Records -- Negotiation (MAR 2009) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and

Other Eligible Veterans (SEP 2006) 52.222-41 Service Contract Act of 1965, as Amended (NOV 2007) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-1 Payments (APR 84) 52.232-8 Discounts for Prompt Payment (FEB 2002) http://www.usda.gov/procurement/policy/agar.html

52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-11 Extras (APR 1984) 52.232-17 Interest (OCT 2008) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 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) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007) 52.246-25 Limitation of Liability—Services (FEB 1997) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988)

I.2 452.204-7 Personal Identity Verification of Contractor’s Employees (OCT 2007)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor’s employee, the contracting officer will notify the contractor in writing.

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

(d) The responsibility of maintaining a sufficient workforce remains with the contractor.

Employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

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

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the Contracting Officer Representative (COR), unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from * (hours and days) to * (hours and days) at * (office address for registration). The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor’s responsibility to meet all aspects of paragraphs (c), (d), and (e).

I.3 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or http://fedgov.dnb.com/webform

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I.4 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class

Monetary Wage- Fringe Benefits

Laborer GS-11 $23.74 Hourly Wage

(Retirement) 20.4%

(Life & Health Insurance)

3.7%

(Workman’s Compensation)

1.9%

I.5 FAR 52.246-20 Warranty of Services (MAY 2001) http://www.ccr.gov/

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance by the Government. This notice shall state either--

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

I.6 52.216-18 Ordering. (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of Task Orders by the individuals or activities designated in the Schedule. Such orders may be issued from Notice of Award through October 31, 2010.

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

(c) If mailed, a Task 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.

I.7 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 $5,000, 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 task order in excess of $150,000.

(2) Any order for a combination of task orders in excess of $150,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (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 5 days after issuance, with written notice stating the Contractor’s intent not to proceed with the task order called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.8 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 October 31, 2010. (No task orders issued prior to the end of the contract term will have established performance time going beyond October 31, 2010 exclusive of any task order modifications.)

I.9 Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts)( 52.222-43)(NOV 2006)

(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements.

(b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(c) The wage determination, issued under the Service Contract Act of 1965, as amended, (41 U.S.C. 351, et seq.), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract. If no such determination has been made applicable to this contract, then the Federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract.

(d) The contract price or contract unit price labor rates will be adjusted to reflect the Contractor’s actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of:

(1) The Department of Labor wage determination applicable on the anniversary date of the multiple year contract, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour;

(2) An increased or decreased wage determination otherwise applied to the contract by operation of law; or

(3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

(e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (d) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers’ compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit.

(f) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the Contracting Officer. The Contractor shall promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and any relevant supporting data, including payroll records, that the Contracting Officer may reasonably require.