AG0120S130018_FishWasteMgmtPlanFNL.pdf

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

Offeror to complete blocks 12, 17, 23, 24, & 30 642948 1 of 48

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

AG-0120-S-13-0018 26 July 2013

7. FOR SOLICITATION

a. NAME b. TELEPHONE (No Collect Calls) 8. OFFER DUE DATE/

LOCAL TIME

INFORMATION CALL Denise Murphy – denisemurphy@fs.fed.us 907-743-9531 14 Aug 2013 by 2 pm

9. ISSUED BY (MAIL OFFERS TO) CODE 10. THIS ACQUISITION IS UNRESTRICTED or SET-ASIDE. 100% FOR

USDA, Forest Service

Chugach National Forest

161 East 1 st Avenue, Door 8

Anchorage AK 99501

SMALL BUSINESS WOMEN-OWNED SMALL

BUSINESS (WOSB)

HUBZONE SMALL NAICS: 541620

BUSINESS ECONOMICALLY DISADVANTAGED

SERVICE-DISABLED WOMEN-OWNED SMALL BUSINESS

VETERAN-QWNED (EDWOSB)

SMALL BUSINESS SIZE STANDARD: $14 million 8(A)

11. DELIVERY FOR FOB DESTINATION UNESS | 12. DISCOUNT TERMS

BLOCK IS MARKED |

SEE SCHEDULE |

| 13b. RATING

13a. THIS CONTRACT IS A RATED ORDER |_______________________________________________

DPAS (15 CFR 700) | 14. METHOD OF Solicitation

| RFQ IFB RFP

15. DELIVER TO: CODE 16. ADMINISTERED BY CODE

USDA, Forest Service

Chugach National Forest, Seward Ranger District

29847 Seward Highway

Seward AK 99664

USDA. Forest Service

Chugach National Forest

161 East 1 st Avenue, Door 8

Anchorage AK 99501

17a. CONTRACTOR/OFFEROR CAGE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

USDA, Forest Service

Chugach National Forest

161 East 1 st Avenue, Door 8

Anchorage AK 99501

TELEPHONE: TIN: 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER IS CHECKED: SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

001 Development of Fish Waste Management Plan 1 LS $___________ $__________

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 and ADDENDA ARE ARE NOT ATTACHED.

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

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ORIGINAL TO ISSUING OFFICE.

CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN.

29.

AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED

(BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 3/2011) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR (48 CFR) 53.212 mailto:denisemurphy@fs.fed.us

ADDENDA SHEET

PROJECT: Fish Waste Mgmt Feasibility Study

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OF

19. ITEM NO 20. SCHEDULE OF SUPPLIES/SERVICES 21. QTY 22. UNIT 23. UNIT PRICE 24. AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVT.

REPRESENTATIVE

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

REPRESENTATIVE

32.e MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32.f TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32.g E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

COMPLETE PARTIAL FINAL

PARTIAL FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

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

STANDARD FORM 1449 (REV. 3/2011) BACK

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DESCRIPTION OF SERVICES IDENTIFIED IN BLOCK 20

Purpose

Develop a fish waste management plan for the Chugach National Forest, in cooperation with other members of the Russian River Interagency Coordination Group (RRICG), to manage human-generated fish waste at the Kenai-Russian River area from June-September of each year.

The management agencies have concluded that the fish waste management strategies implemented throughout 2006-2012 need to be augmented. The objective of the management plan is to evaluate options to minimize fish waste available to bears as a food source.

Background

Alaska’s Kenai and Russian River Complex (KRRC) is managed as a highly utilized recreational area that boasts a rich cultural heritage and one of the State’s most popular sockeye salmon sport fisheries. Over the past 10 years, an increase in human/bear conflicts has been documented in the area, with a serious mauling in 2003 and other less serious but concerning incidents.

Bears are naturally attracted to the Kenai Russian River area during the summer season because of the abundance of salmon. Salmon also attract anglers, who primarily target sockeye salmon available during two separate runs (early June-July and late July-August). The first run spawns in the upper reaches of the drainage and lakes system and not within the area of high human use. A portion of the second run, however, spawns in the high-use area and generates naturally occurring fish carcasses for bears to obtain.

While bears will continue to access the area and feed on naturally generated fish carcasses, managers believe that reducing the presence of human-generated fish waste (and other human-generated attractants) would decrease the potential for human-bear conflicts.

Quantity of fish waste – The estimated annual weight of fish waste generated in the area between June th

- August 20 th averages 114,000 thousand pounds (minimum 58,000; maximum 179,000 thousand pounds), based on harvest data from 1991-2010. This is based on an assumption that approximately 10% of fish would be taken out whole and cleaned elsewhere and that each fish cleaned would generate an average of two pounds of fish waste. It is believed that approximately 25% of the harvest takes place on the Russian River and 75% on the Kenai River (from the confluence down to the power line below the ferry).

To minimize bears attaining fish waste, the management agencies implemented numerous strategies between 2006-2012 including:

“Stop, Chop, and Throw” which encourages anglers to use fish cleaning tables to chop fish waste into numerous small pieces and throw the pieces into the fast moving river current.

1. Manual raking and other fish waste dispersal/removal methods have been engaged in by volunteer groups and staff. While raking, staff explained what they were doing and why, and emphasized how anglers can benefit by helping out and being a part of the solution. Manual raking was primarily done during the first run of salmon. Raking was coordinated with the schedule for monitoring fish waste accumulation to avoid confounding monitoring results.

Manual fish grinder and a manual fish chopper were each developed, but field testing of each design did not work effectively.

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Strategic placement of fillet tables in the confluence and ferry areas and limiting number of tables to discourage filleting in the clear waters of the Russian River to reduce fish waste loading in problem areas).

2. Encouraging anglers to take fish out whole (gut-and-gilling is acceptable) and process fish waste offsite in a responsible manner based on local solid waste standards.

3. Anglers were asked to help by regularly moving any fish waste they encountered near shore into faster moving water where it would move downstream. Agency, Alaska Recreation Management staff and Stream Watch volunteers also moved fish waste as time and opportunity allowed.

In addition to these strategies, in 2013 the Russian River Interagency Coordination Group (RRICG) completed a two-year planning process to develop an action plan. The plan outlines management objectives and actions to implement in the Kenai-Russian River area in 2013-2017. The plan’s goal is to minimize human-bear conflicts and related public/employee safety concerns, while continuing to provide recreation opportunities and conserve fish and wildlife resources at the Kenai-Russian River area. The plan emphasizes reducing availability of human-generated food sources, including disposed fish waste, and implementing other actions to minimize food conditioning of bears and risk of human-bear conflicts.

As a result of the planning process, the agencies want to pursue a combination of actions to reduce the availability of fish waste to bears at the Kenai-Russian River area (see actions below). The near-term emphasis will be on on-site disposal of fish waste, as these options seem most practical, lower cost, and responsive to the public interest of returning nutrients in fish waste to the river systems. However, off-site disposal options (such as exporting waste for disposal or for use in production of a manufactured product) may need to be further considered and pursued if on-site disposal options do not meet the objectives.

Scope of Work and Deliverables

The scope of this project consists of assessing the feasibility of various strategies/actions that can be developed into a “systems approach” to manage fish waste in the Kenai Russian River Complex (KRRC).

The deliverable shall be a final report due no later than 1 April 2014. The report shall be submitted both electronically and in hard copy that documents alternative actions and recommends the most effective and sustainable suite of actions to address the following elements:

Minimize human-generated fish waste available to bears as a food source throughout the season

(June 11-Sept 1) but, to the degree possible, leaves nutrients from fish waste in the KRRC aquatic habitats.

Evaluate options based on investment and long term costs associated with construction, operations and maintenance.

Options should be user friendly, convenient for use, and safe to operate (not creating an attractant or unintended consequences on or offsite).

Options should be sited appropriately considering the location of the fishery, existing trails and roads, and utility infrastructure.

Compliant with appropriate regulations and laws (e.g., water quality and waste disposal standards).

Due to the variety of locations, types of transportation and utility infrastructure, and public use patterns, a strategy that includes a mix of tactics may be most appropriate to assess. It is assumed that all strategies/actions will require public outreach and some may eventually require regulation(s).

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Task 1 – Conduct Kickoff Meeting and Monthly Meetings Description: Conduct initial kickoff meeting with the Forest Service project coordinator, Contracting

Officer’s Representative and representatives of the Russian River Interagency Coordination Group to discuss contract tasks, identify potential partners, sources of information and options that should be incorporated in Fish Waste Management Plan. Conduct approximately four (4) monthly meetings with the Contracting Officer’s Representative and Forest Service project coordinator, to report on the progress of the project. It is anticipated that the kick off meeting will be six to eight (6 – 8) hours long and the monthly meetings will each be four (4) hours long. The Forest Service will provide meeting locations and/or conference lines as necessary to conduct monthly meetings. (as schedule permits).

Stipulation: None

Deliverable: Meeting summary and agendas identifying objectives for next month (via email).

Task 2 – Develop Draft Fish Waste Management Plan and Distribute to Reviewers Description: In coordination with the Forest Service project coordinator and Contracting Officer’s

Representative, develop a fish waste management plan covering the components listed below. The plan shall evaluate options, including potential costs, and implementation recommendations. Provide the draft

Fish Waste Management Plan to the Forest Service project coordinator and Contracting Officer’s

Representative for review and comment. It is anticipated that Forest Service will need approximately one

(1) month to review the draft plan.

Stipulation: None

Deliverable: First draft Fish Waste Management Plan due by 03 Feb 2014.

Elements of the “system’s approach” that shall be analyzed or developed includes, at a minimum:

Fish Waste Processing Facility o Russian River Campground

Manual Removal of Fish Waste o Angler assistance o Staffed crew for raking/removal effort

Collection of Waste at Central Locations o Off-site disposal o For transport to grinder o For other beneficial uses

Grinding Station/s o Electric grinder and non-electric grinders concepts o Small scale processing facility on river o Dispersed angler operated grinders o Consider strategic placement

Mobile Unit to Manage Fish Waste Offsite o Fish processing vendor to provide fish processing services and potentially on-site or off-site freezer capabilities for anglers.

Develop Floating Structure o Develop floating dock/structure/s that can be angler operated and anchored near shore on the Kenai River with tables and flowing water and moved if necessary as water level changes during the season. The intent is to have the floating structure and associated

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tables placed in fast moving water to facilitate the movement of fish waste out of the area.

Additional Angler Implemented Strategies o Stop, Chop and Throw o Take out whole/process responsibly offsite

All options shall be analyzed taking into consideration the following:

Infrastructure required

Operations required (staffing, concessionaire, contractor, partnership)

Effectiveness

Costs (initial, operating, maintenance)

Regulations required (enforcement of regulations)

Permits required

Options for covering costs (e.g., user fees, other)

Discuss the availability of contractors/vendors available to accomplish work

Comparison to fish waste management in terms of costs and effectiveness

Task 3 – Identify Opportunities for Collaboration/Implementation Description: Collaborate with the Contracting Officer’s Representative and the Forest Service project coordinator to identify organizations that could provide (1) reasonable and feasible options for disposal or beneficial use of fish waste, (2) technical assistance in implementing the plan.

Stipulation: None.

Deliverable: Incorporate this information as a section in the Plan.

Applicable Documents

This section lists all the documents that will be made available by the government (either electronically or hardcopy).

Five (5) Year Action Plan can be found at the following link (public document):

http://www.fs.usda.gov/detail/chugach/landmanagement/resourcemanagement/?cid=STELPRDB

5406471

Currently known grinder designs will be made available to the successful contractor. (San

Dimas, UAA)

Fish Waste Management Plan, Kenai Personal Use Dipnet Fishery, City of Kenai (public document):

http://dec.alaska.gov/water/wnpspc/protection_restoration/KenaiRiverWQ/pdfs/KenaiFishWaste

ManagementPlan.pdf

Technical Requirements for Final Report

General Stipulations A. Any conflicting technical requirements between the referenced documents and/or the statement of work will be resolved in negotiation with the Contracting Officer, the Contracting Officer’s

Representative and the Forest Service project coordinator.

B. The contractor shall perform all work in accordance with applicable local, state and federal laws and regulations.

http://dec.alaska.gov/water/wnpspc/protection_restoration/KenaiRiverWQ/pdfs/KenaiFishWasteManagementPlan.pdf http://dec.alaska.gov/water/wnpspc/protection_restoration/KenaiRiverWQ/pdfs/KenaiFishWasteManagementPlan.pdf

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C. Requested formats for text and images, in the final report:

Documents shall be created using Times New Roman, with 12 font size

Color images and pictures shall be saved in JPEG format.

The electronic version of the report shall be submitted in MS Word or EXCEL format.

The Forest Service will need approximately one (1) month to review the final report.

In accordance with FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper, hard copy report shall be submitted as stipulated in the clause.

The place of performance, for this contract, is unknown. The possible area of performance, that the contracting officer has already identified, is Anchorage, AK. The contracting officer will obtain wage determinations for additional possible places of performance if asked to do so in writing. Offerors must notify the contracting officer of additional places of performance by 2pm on 7 Aug 2013.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS

(AUG 2012)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-

613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, REFERENCE NO. OF DOCUMENT BEING CONTINUED

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fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

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

EFT.

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

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

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment

Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://acquisition.gov/comp/far/current/html/52_212_213.html#wp1179527

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

Contractor shall—

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section

611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

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

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

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

http://acquisition.gov/comp/far/current/html/Subpart%2033_2.html#wp1079912 http://acquisition.gov/comp/far/current/html/Subpart%2032_6.html#wp1031290 http://acquisition.gov/comp/far/current/html/Subpart%2032_6.html#wp1031326

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with

31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the 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.

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

CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the 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.

(3) 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

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.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or

269-961-5757.

ADDENDUM TO FAR 52.212-4

The following clauses are hereby incorporated by reference or full text as appropriate:

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 15 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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.

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(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.

AGAR 252.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX

DELINQUENT STATUS FOR CORPORATE APPLICANTS Alternate 1 (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L.

No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it-

(1) does not have a tax delinquency, meaning that is it not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal Law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled within 15 days after the date of contract award. The conference will be held at a mutually agreed upon date and time.

(b) Contractor designated representative shall be present at the prework conference.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS- COMMERCIAL ITEMS (JAN 2013)

(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)(22U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22U.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:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 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. 251note)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009).

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012), (Pub. L.

109-282 (31 U.S.C. 6101 note).

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

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(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. 601 note). (Apples if contract award is

$30,000 or more.)

(7)52.209-9, Updates on Publicly Available Information Regarding Responsibility Matters (Jan 2012)

(41 U.S.C.2313).

(8)52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (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). Exceptions to this prohibition are located at 9.108.2

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

Alternate I (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]

(12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii)Alternate I (Nov 2011) of 52.219-6. (iii) Alternate II (Nov 2011) of 52.219-6.

(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.

(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)(Nov 2011) (15 U.S.C. 644 (r))..

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

(18)(i) 52.219-16, Liquidated Damages-Subcontracting 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) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(ii) Alternate I (Jun 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).

(23) 52.219-28, Post Award Small Business Program Representation (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. (Nov 2011)

(25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Elegible Under the WOSB Program. (Nov 2011)

(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).

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

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

(30) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible 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 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 Products (May

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items).

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(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)(i) 52.223-18, Contractor Policy 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 (Nov 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 Pub.

L.103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-

42, and 112-43).

(ii) Alternate I (ar 2012) of 52.225-3. (iii) Alternate II (Mar 2012) of 52.225-3.

(iv) Alternate III (Nov 2012) of 52.225-3.

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

(42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s., proclamation and statutes administered by Office of Foreign Assets Control for the Department of 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)).

(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 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:

(1) 52.222-41, Service Contract Act of 1965, as Amended (Nov 2007) (41 U.S.C. 351, et seq.).

(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.). Fill ins: GS-11 $30.04; GS-12 $36.01

(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 U.S.C. 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) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495).

(8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)( Pub. L. 110-247).

(9) 52.227-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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(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 paragraphs (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) 52.222-17, Non displacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and

Other Eligible 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, as Amended (Nov 2007) (41 U.