1sol_Tech Services.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-0281-S-10-0010

6. SOLICITATION ISSUE DATE

January 13, 2010

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Sally Russell

b. TELEPHONE NUMBER (No collect calls) 208-765-7456

8. OFFER DUE DATE/LOCAL TIME

February 1 ,2010, 1600 Pacific Time

9. ISSUED BY CODE

USDA Forest Service Idaho Montana Acquisition Team (IMAT) 3815 Schreiber Way Coeur d’Alene Idaho 83810

|_| UNRESTRICTED

|X| SET ASIDE: 100% FOR

|X| SMALL BUSINESS

DESTINATION UNLESS BLOCK IS MARKED

|_||_| SEE SCHEDULE

UNDER DPAS (15 CFR 700)

NAICS: 561320

SIZE STANDARD: $13.5 Million

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |_| RFP

15. DELIVER TO CODE

Submit invoice to COR for the work rejected by the COR within 7 days of receipt of the invoice. Rejected invoices must be corrected and resubmitted. COR will forward the approved invoice to the CO who will submit to:

CODE

TELEPHONE NO. ________________________ DUNS NO.______________________

Submit invoice to COR for the work performed. Invoice will be reviewed and approved or rejected by the COR within 7 days of receipt of the invoice. Rejected invoices must be corrected and resubmitted. COR will forward the approved invoice to the CO who will submit to:

USDA,OCFO, COD,APB

PO Box 60075 New Orleans, LA 70160

United States Department of Agriculture National Finance Center PO Box 60000 New Orleans LA 70160

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

TEMPORARY HELP SERVICES ZONE WIDE for the Idaho Montana Acquisition Team (IMAT) Idaho Panhandle, Clearwater, Nez Perce and Kootenai National Forests.

PLEASE SUBMIT PRICES IN THE SCHEDULE OF ITEMS Continuation Blocks 19-24 Return your quote to the address shown in Block 9. Please place “Solicitation No.AG-0281-S-10-0010” on the envelope.

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

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

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

SALLY RUSSELL

31c. DATE SIGNED

AG-0281-S-10-0010 Temporary Help Services Zone Wide

Continuation Blocks 19-24.

SCHEDULE OF ITEMS, SERVICES AND PRICES

* PAY+FR is based on Idaho Wage Determination , Montana and Washington may apply depending on Forest requesting Tempory Help.

Address:

Email:

Check Box Yes/No

Idaho Panhandle National Forests

Clearwater & Nez Perce National Forests

Kootenai National Forests

NOTICE TO QUOTERS: This service is being solicited as a commercial item. Please refer to FAR Clauses 52.212-1 and 52.212-3 for further information you must submit as part of your quotation.

MINIMUM AND MAXIMUM CONTRACT AMOUNTS. The Government will place orders totaling a minimum of $1,000 and a maximum contract amount of $500,000 ( per contract if more than one contract is awarded)during the period specified in FAR clause 52.216-18, Ordering.

1. - PRICE SCHEDULE

This is a Request for Quotations for temporary help services, using simplified acquisition procedures for commercial items, per Federal Acquisition Regulations subpart 13.5 - Test Program for Certain Commercial Items. It is a performance based, fixed price, indefinite delivery, indefinite quantity contract. During the period of the contract, the Contractor shall furnish the services as described in the Scope of Contract (2.1) as ordered by the Government. No estimate of hours is provided.

Refer to the list for general types of positions in the Schedule of Items and furnish quotes for the regular, overtime and holiday bill rates for each position. Submit price quotes for the base year using the schedule above.

Many of the positions (non-professional) fall under the U.S. Department of Labor's Service Contract Wage Determinations which establishes the minimum worker's hourly rate and fringe benefits. Therefore, the bill rate quote should be be based on a percentage of the direct worker's hourly rate. (See FAR clause 52.212-4 Addendum, Measurement, for other pricing considerations.)

Fringe benefits are not required to be in the overtime rate.

1.1 - Travel/Per Diem Expenses. Should travel be necessary, travel per diem will be negotiated at the time travel is authorized by the Government. Per diem and milage rates shall not exceed those established in the Joint Federal Travel Regulation.

1.2 - Contract Period and Renewal Options. Refer to FAR clause 52.212-4 for further information. At the option of the Government, the contract may be renewed for additional one year periods, not to exceed four renewal periods. The renewal will be with the same terms and conditions except that any renewal is subject to the provisions of Contract Clauses, Option to Extend the Term of the Contract (FAR 52.217-9), and Fair Labor Standards Act and Service Contract Act-Price Adjustment (FAR 52.222-43) (Referenced).

1.3 - Basis of Evaluation and Award. The Government may award one or more contracts resulting from this solicitation to the responsible offeror(s) whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made on a Best Value basis considering the following factors that are listed in descending order of importance: 1) Experience; 2) Offeror’s past performance; and 3) price. The Governemnt will evauate offers for award purposes by considering the total price. Responses to the Experience Questionnaire will be used in the evaluation. The importance of price may become greater as the differnences between technical offers decrease. Where technical offers are determined to be substantially equal, price may control award.

Authorized Ordering Officials: The following individuals are authorized to place orders under this contract: R1-IMAT Warranted Contracting Officers and Warranted Purchasing Agents.

SUBMIT THE FOLLOWING AS YOUR QUOTE:

1. SF1449-signed

2. Schedule of Items with prices.

3. Experience Questionnaire, include Past Performance Information.

4. State of Idaho Certificate of Workers’ Compensation Insurance Form

5. Contractor must be registered in CCR and ORCA prior to award (see page 30, Section 52.212-3, paragraph b).

(recommend Contractor register in ORCA electronically at http://orca.bpn.gov)

Questions concerning registrations, certifications or assistance with preparing quotes, contact Procurement Technical Assistance Center (PTAC). http://www.aptac-us.org/new/ PTAC contact in Boise, Idaho, Sundi Neely at (208) 334-2650 ext 2133.

2. - STATEMENT OF WORK

2.1 - Scope of Contract

The purpose of this performance based contract is to meet the temporary staffing needs of the Idaho Montana Acqusition Team Zone which includes the Idaho Panhandle , Clearwater, Nez Perce and Kootenai National Forests, the Coeur d’Alene Nursery and Dispatch Centers . The Contractor shall be the legally responsible employer and maintains that relationship during the time its employees are assigned to the Government. The Contractor shall be responsible for payroll deductions and payment of income taxes, social security (FICA), unemployment insurance, workers' compensation, etc., and shall also provide required liability insurance and bonding. The contractor shall provide a Certificate of Insurance stating their limits of liability and bonding provisions. (See FAR clause 52.212-4 Addendum for the full text of FAR 52.228-5 Insurance-Work on a Government Installation.)

The Contractor shall provide the best qualified worker for each position requested and all other services necessary for furnishing workers to the point of hire. Due to urgent needs, the Contractor shall notify the Governemnt within 24 hours that they have a quialified worker who can meet the needs of the Governemnt. The Government will furnish tools, transportation from the point of hire, and special equipment, unless otherwise specified in the delivery order.

2.2 - Types of Services

The types of services which may be requested include field, warehouse, and office work. The Contractor may be asked to furnish workers skilled in clerical, forestry, general labor, etc. Field-going positions will generally require the Contract employee to operate Government vehicles, which are usually pickups or sedans with automatic or manual transmissions and are either 2 or 4 wheel drive.

Some positions may require collection activities; that is, selling maps and permits and the safe-keeping of Government money. Contractors shall bond each contract employee for protection from loss of receipts. Contract employees will be provided training by the Government in accordance with the Collection Officer's Manual and provided a safe-keeping place for money collected. The employee will be subject to internal controls and audits required by the Forest Service Fiscal Review and Analysis Handbook, Section 31, FSH1409.11.

In addition to the National Forests that may request temporary help, the Coeur d’Alene Interagency Dispatch Center, Kootenai Interagency Dispatch Center, Grangeville Interagency Dispatch Center may request help as needed and to support of the Coeur d’Alene Interagency Fire Cache which may have a need for warehouse and mechanical workers, data entry workers, and other similar positions.

2.3 - Qualifications of Workers

The Contractor shall maintain a quality control system of providing temporary employees that ensures quality of service. The Contractor shall also maintain a system to track hours worked. The Contractor shall use recruitment, screening, hiring, and matching techniques that are standard in the temporary services industry in order to provide the best qualified temporary employee for the position.

The Contractor shall provide to the Contracting Officer’s Representative (COR) for approval the names, previous evaluations, references, and relevant qualifications of proposed workers. Those who are selected for work shall report to the point of hire at a mutually acceptable time and date, appropriately equipped for the work specified in the request.

2.3 a USDA contract statements of work must indicate that all applicable contractor employees requiring routine physical access to Federally-controlled facilities or routine access to Federally-controlled information systems must go through the identity proofing and registration process, and must have been successfully identity proofed , and have a successfully adjudicated National Agency Check with (Written) Inquires (NACI) or Office of Personnel Management(OPM)/National Security (NS) Background Investigation (BI) to serve on the contract.

Contractor ID badges may be issued after successful identity proofing of the contractor employee applicant, and upon a successfully adjudicated NACI or OPM/NS BI. All contracts must detail periods of performance. Contractors must renew their cards at the end of their period of performance.

2.4 - Travel

Travel per diem shall be negotiated at the time travel is authorized by the Government. Per diem shall not exceed the maximum allowed for Government employees unless a reasonable basis is established.

2.5 - Substitutions

The Contractor shall notify the COR if an employee will be absent for any reason 24 hours in advance, if possible. The COR may request that the Contractor furnish another qualified worker.

2.6 - Workers Compensation Insurance

The Workers Compensation Insurance rate charged is directly related to the type of work performed. Workers will not be asked to perform in a more costly Workers Compensation Insurance category without prior notification of the Contractor. The Contractor shall ensure that the appropriate Workman's Compensation category is being paid in relation to the ordered work. The Contractor shall furnish definitions of these categories to the ordering office.

2.7 - Safety

a) Government-Furnished Property.

The Contractor will be furnished a current copy of the USDA Forest Service Health and Safety Code Handbook. Contract employees shall be made aware of the requirements contained in the Handbook for the type of work to be performed.

The Government will furnish hard hats, safety glasses, and other specialized safety equipment. Government-furnished property, as stated in the Government-Furnished Property clause, shall be returned to the Government upon termination of the work assignment.

b) Contractor Responsibilities.

The Contractor shall ensure that workers have appropriate basic personal protective equipment, such as serviceable boots with lug soles and 8-inch tops, gloves, and appropriate clothing. Workers dressed or equipped inappropriately will not be permitted to work.

The Contractor shall furnish to the ordering office instructions on what to do in the event of illness or injury of an employee.

2.8 - Wildfire Emergencies

In the event of a fire emergency and with notification to the Contractor and the consent of the employee, the Government may hire the Contractor's employees directly. No payment will be made to the Contractor for the time a worker is employed by the Government.

2.9 - Quality Assurance

The Government will provide technical instructions to the contract employee, review their work, and verify the temporary's weekly time card which shows the days and hours worked as furnished by the Contractor. If the performance or conduct of the contract employee is not satisfactory, the Government will alert the Contractor promptly for correction or replacement.

The COR will randomly sample weekly time cards and customer service reports (described in FAR 52.212-4 Addendum “Inspection/Acceptance”) to evaluate the contractor’s performance. Deductions will be taken for erroneous billing hours submitted at a rate of ½ % of yearly payment totals for each occurance of nonperformance exceeding 10 billings per year. In addition, for every 5 contract employees who are rejected by the Government for nonperformance, the Government will deduct ½ % from yearly payment totals. Disagreements as to the evaluation process will be handled by the Contracting Officer. The Government will consider the number of deductions in its decision to extend services beyond the contract base year.

2.10 - Ordering

(a) Procedure.

(1) The Idaho Montana Acquisition Team Contracting Officers and Purchasing Agents are authorized to place task orders by telephone, FAX, in person, or by mail. The requesting unit must submit an Integrated Acquisition System (IAS) requisition prior to initating any work under the task order. Orders must include an estimate of number of hours multiplied by the hourly rate with a total. If the original amount of the order will be exceeded a modification to the task order within IAS will be required prior to any additional work being performed.

(b) Limitations.

(1) Conditions for Government Use Services under this schedule may be used when one of the following short-term situations exists:

(i) An employee is absent for a temporary period because of a personal need including emergency, accident, illness, parental or family responsibilities, or mandatory jury service.

(ii) An agency must carry out work for a temporary period which cannot be delayed in the judgment of the agency because of a critical need.

(2) Exclusions. These services shall not be used:

(i) In lieu of the regular recruitment and hiring procedures under the civil service laws for permanent appointment in the competitive civil service; or

(ii) To displace a Federal employee.

(iii) To circumvent controls on employment levels.

(iv) In lieu of appointing a surplus or displaced Federal employee as required by 5 CFR part 330, subpart F.

(3) Time Limitations

An agency may use a temporary help services firm in a single situation, as defined in 5 CFR part 300.503, initially for no more than 120 workdays. Provided the situation continues to exist beyond the initial 120 workdays, the agency may extend its use of temporary help services up to the maximum limit of 240 workdays.

An individual employee of any temporary help firm may work at a major organizational element (headquarters or field) of an agency for up to 120 workdays (960 hours) in a 24-month period. The 24-month period begins on the first day of assignment. An agency may make an exception for an individual to work up to a maximum of 240 workdays only when the agency has determined that using the services of the same individual for the same situation will prevent significant delay.

(4) Avoiding Personal Services

Agencies must be careful to avoid entering into a personal services relationship with contract workers. Care must be taken to provide only technical, task-related instructions sufficient to allow the workers to perform their services under the contract, to ensure that no appearance of an employer/employee relationship exists as discussed in FAR Part 37.112.

(5) Inherently Governmental Functions

Discretion must be used to ensure contract workers do not perform duties which are inherently governmental in nature. Guidance in this area can be found in the OFPP Policy Letter 92-1, 9/23/92 found in Appendix 5 to OMB Circular A-76.

CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Items. (MAR 2009)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the 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, 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.

(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.

(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; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 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.

(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 the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

FAR 52.212-4 Addendum to Contract Terms (OCT 2003)

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): http://www.arnet.gov/far/ and the Agriculture Acquisition Regulations may be accessed at http://www.usda.gov/da/procure/agar/subchaph.html#l1.

Requirement to Complete USDA Privacy Basics Course

USDA Policy requires that all Contractors who have access to processes or maintains protection of personal information maintained by the Forest Service successfully complete the USDA Privacy Basics training course. Contractors are required to complete the course prior to the performance start date or no later than 30 days after contract award or notice to proceed. The Contractor will be provided training course materials and instructions for course completion.

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (SEPT 2007)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall 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.

452.204-71 PERSONAL IDENTITY VERICATION OF CONTRACTOR

EMPLOYEES (OCT 2007)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 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 Monday – Friday, 0745-1630 at the Idaho Panhandle National Forests Supervisor’s Office, 3815 Schreiber Way Coeur d’Alene, Idaho 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).

Alternate I: Pending issuance of USDA Directives 3800 series, replace paragraph (a) of 452.204-71 with the following paragraph (a):

(a) Before an employee may begin work on this contract, each employee must, as directed by the PIV Sponsor:

1. Complete either a SF-85, Questionnaire for Nonsensitive Positions, SF-85P, Questionnaire for Public Trust Positions, or SF-86, Questionnaire for National Security Positions, as appropriate, and items 1, 2, 8 through 13, 16 and 17a of the OF-306, Declaration for Federal Employment. The current versions of forms SF-85, SF-85P, and SF-86 carry Office of Management and Budget (OMB) control number 3206-0005. Form OF-306 has OMB control number 3206-0182. See http://www.opm.gov/forms/pdf_fill/sf85.pdf; or http://www.opm.gov/forms/pdf_fill/sf85p.pdf; or http://www.opm.gov/forms/pdf_fill/sf86.pdf; and http://www.opm.gov/forms/pdf_fill/of0306.pdf.

2. Complete a Fair Credit Reporting Release, and 2 FD-258, Fingerprint Charts. The Fair Credit Reporting Release is located at: http://www.usda.gov/da/pdsd/Web-Fair.htm. The FD-258, Fingerprint Charts, may be obtained by contract companies (not individuals) by faxing a request to US Investigations Services at 724-794-0012 Attn: Michelle Pennington. Include the requestor’s name, mailing address, and number of FD-258, Fingerprint Charts requested. Questions regarding fingerprint charts may be addressed to michelle.pennington@opm.gov. Contractor employees’ fingerprints shall be taken by a Federal security office, or Federal, State, municipal, or local law enforcement agency.

3. The contractor’s employee must appear in person in front of the PIV Sponsor or his or her designee with the completed forms and 2 identity source documents in original form. The identity source documents must be documents listed as acceptable for establishing identity on Form I-9, Employment Eligibility Verification, List A and B. The I-9 Form may be found at http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf. At least one document shall be a valid State or Federal government-issued picture identification (ID) card. Applicants who possess a current State Drivers License or State Picture ID card shall present that document as one identity source document before presenting other State or Federal government-issued picture ID cards. This shall be done before or at the time the contract employee begins work under the contract.

4. Receive a finding that no potentially disqualifying information is listed on the above noted forms.

After beginning work under the contract, the contractor employee must receive a favorable agency adjudication of the FBI fingerprint and NACI results, or other U.S. Office of Personnel Management or National Security community background investigation.

FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award for one year plus four one year optional extension.

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

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

FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50 , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $50,000.

(2) Any order for a combination of items in excess of $500,000 or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in subparagraph (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 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 Indefinite Quantity (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.