Solicitation.doc

AG-02NV-S-12-0021

BACKCOUNTRY WEED SPRAYING

IDAWY ACQUISITION SERVICE CENTER INSTRUCTIONAL COVER SHEET

issuing office:

U.S. Department of Agriculture

Forest Service

IDAWY Acquisition Service Center

1405 Hollipark Dr.

Idaho Falls, ID 83401

FAX (208) 557-5829

solicitation no.: AG-02NV-S-12-0021 offers are solicited for: BACKCOUNTRY WEED SPRAYING set-aside: SMALL BUSINESS important – notice to offeror:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS SOLICITATION:

1.SF-1449 Request For Quotation (Complete, date, and sign)

2.Section I – Schedule of Items (Page 4). (Complete Unit Price and Amount)

3.Experience Questionnaire (Pages 25-26)

4.Representations and Certifications (Pages 27-39). (Complete the Representations and Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov) IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to:

IDAWY Acquisition Service Center

1405 Hollipark Drive

Idaho Falls, ID 83401

Solicitation No. AG-02NV-S-12-0021 IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE CENTRAL CONTRACTOR REGISTRATION DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE 52.204-7 Central contractor registration FOR DETAILS ON HOW TO APPLY.

it is the offerors responsibility to watch for any and all amendments to the solicitation, which shall be issued electronically through fedbizops.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-02NV-S-12-0021

6. SOLICITATION ISSUE DATE

4/20/12

7. FOR SOLICITATION

INFORMATION CALL

(208) 557-5770

8. OFFER DUE DATE/LOCAL TIME

5/11/12 3:00 p.m. MST

9. ISSUED BY

CODE

UNRESTRICTED or FORMCHECKBOX

SET ASIDE: 100 % FOR:

IDAWY Acquisition Service Center

1405 Hollipark Drive

Idaho Falls, ID 83401

FORMCHECKBOX

Small Business FORMCHECKBOX Women-Owned Small Business (WOSB) Eligible Under the Women-Owned

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Hubzone Small Small Business Program NAICS: 115310 Business FORMCHECKBOX Economically Disadvantaged Women-

FORMCHECKBOX

Service-Disabled Owned Small Business (EDWOSB) Size Standard: $7.0 mil Veteran Owned Small Business FORMCHECKBOX 8(A)

FORMCHECKBOX

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

11. Delivery for FOB Destination unless Block is Marked

FORMCHECKBOX

See Schedule

12. Discount Terms

14. METHOD OF SOLICITATION

FORMCHECKBOX

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO

See Delivery Schedule Same as Block 9

17a. CONTRACTOR/

OFFEROR

FACILITY

TELEPHONE NO.:_____________________________________

DUNS NO:_____________________ TIN No. ___________________________ U.S. Dept. of Agriculture National Finance Center

P.O. Box 60000

New Orleans, LA 70160-0001

FORMCHECKBOX

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

FORMCHECKBOX

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

BACKCOUNTRY WEED SPRAYING, Greys River Ranger District, Bridger-Teton National Forest This requirement is being procured as a fixed-price Simplified Acquisition.

PLEASE PLACE YOUR QUOTE IN SECTION I- SCHEDULE OF ITEMS

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

25. ACCOUNTING AND APPROPRIATION DATA

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

FORMCHECKBOX

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

FORMCHECKBOX

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

28. FORMCHECKBOX

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _1__ COPIES 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. FORMCHECKBOX

AWARD OF CONTRACT: REF. ___________________ OFFER DATED _________________. YOUR OFFER ON SOLICITATION (BLOCK 5), 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 (TYPE OR PRINT)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV. 5/2011)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

FORMCHECKBOX

RECEIVED FORMCHECKBOX

INSPECTED FORMCHECKBOX

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ___________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

FORMCHECKBOX

COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

37. CHECK NUMBER

PARTIAL

FINAL

42.b. RECEIVED AT (Location)

Standard Form 1449 (REV. 5/2011) Back

SECTION I--SUPPLIES OR SERVICES AND PRICES

BACKCOUNTRY WEED SPRAYING

GREYS RIVER RANGER DISTRICT

BRIDGER-TETON NATIONAL FOREST

WYOMING, LINCOLN COUNTY

I-1 Noxious Weed Spraying

I-2: Quote on all items. Only quotes to the nearest cent will be accepted.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the quoter specifies otherwise in the quote.

The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

SECTION II - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

II-1 Scope of Work The contractor shall provide any and all labor, equipment, supplies, services, permits and licenses necessary to apply herbicides to noxious weed infestations on the Bridger-Teton National Forest during the period of June 15, 2012 through September 30, 2012 in the specified treatment area on the Greys River Ranger District.

The primary target noxious weed species to be treated are leafy spurge, Dalmatian toadflax, yellow toadflax, Dyer’s woad, musk thistle, black henbane, houndstongue, and spotted knapweed. The contractor shall be required to apply herbicides to all infestations of noxious weeds within the area defined by the bid item. The Contractor shall provide all supporting treatment data including, but not limited to, a map of all treatments.

Services shall be performed in compliance with the terms, conditions, and specifications herein.

II-2 Location Priority Weed-Infestations to be Treated

1. Spring Creek & Willow Creek drainages-(Spring Creek first and second creek drainages and unnamed drainages of Spring Creek, and Willow Creek)

The driving distance is 39 miles from Alpine, Wyoming (north end of Star Valley) and is about 11 miles from Smoot, Wyoming (south end of Star Valley). Only one entry point is available to treat the weed patches below. The elevation ranges from about 6,300 feet to about 8,400 feet.

Leafy Spurge — About 40 patches of leafy spurge (a total of approximately 12 acres) are scattered across approximately 20,000 acres of rangeland-forestland mix within about 8 miles of the parking area. The herbicide to be used for leafy spurge will be Tordon.

Dyer’s Woad and Musk Thistle — Dyer’s woad and musk thistle plants are scattered in several parts of the area identified in the previous bullet (a total of approximately 10 acres). The only Dyer’s woad and musk thistle that would be sprayed are located between the trailhead and leafy spurge patches. The main herbicides to be used for Dyer’s woad will be Salvo, and the main herbicide to be used for musk thistle will be Milestone. Treatment may include hand-pulling of Dyer’s woad where this would facilitate control.

Houndstongue and Black Henbane — Houndstongue and black henbane plants are scattered throughout the Spring Creek valley bottom and side drainages (a total of approximately 10 acres) in the area identified for leafy spurge. The only houndstongue and henbane that would be sprayed are located between the trailhead and leafy spurge patches. The main herbicide to be used for houndstongue and black henbane will be Salvo.

2. Star Valley Front-(Lost Creek, Dry Creek, Suter Canyon, Strawberry Creek, Willow Creek, Grover Park area, Swift Creek, Cottonwood Creek) Driving distances from Alpine range from 24 to 42 miles on Highway 89 and other paved roads, and driving distances from Smoot, Wyoming (south end of Star Valley) range from about 2 miles to 27 miles on Highway 89 and other paved roads. The distance from parking areas to weed patches ranges from less than ¼ mile to about 1-½ miles. Nine to twelve entry points are available. The elevation ranges from about 7,100 feet to about 8,000 feet.

Leafy Spurge and Yellow Toadflax — About 65 patches of leafy spurge and yellow toadflax (a total of approximately 22 acres) are scattered across approximately 3,000 acres of rangeland-forestland mix. The main herbicide to be used for leafy spurge will be Tordon, and the main herbicide to be used for yellow toadflax will be Telar.

3. Salt River Range-(Bear Creek, Elk Creek, Rock Lake Peak area, Three Forks Creek, Corral Creek) Driving distances from Alpine, Wyoming range from about 30 to 43 miles on gravel roads. The distance from parking areas to weed patches ranges from less than ¼ mile to about 9 miles. Four to five entry points are available. The elevation ranges from about 6,700 feet to about 10,200 feet.

Yellow and Dalmation Toadflax — About 35 patches of yellow and dalmation toadflax (a total of approximately 8 acres) are scattered across approximately 16,000 acres of high-elevation rangeland-forestland mix. The main herbicide to be used for toadflax will be Telar.

Musk Thistle — Musk thistle plants are scattered in several parts of the area identified in the previous bullet (a total of approximately 5 acres). The only musk thistle patches that would be sprayed are located between the trailhead and toadflax patches. The main herbicide to be used for musk thistle will be Salvo.

4. Wyoming Range-(Moffat Creek, Sheep Creek, Bug Creek, North Fork Sheep Creek, Marten Creek) Driving distances from Alpine, Wyoming range from about 26 to 37 miles on gravel roads. The distance from parking areas to weed patches ranges from less than ¼ mile to about 1-½ miles. Four to five entry points are available. The elevation ranges from about 6,700 feet to about 8,000 feet.

Yellow Toadflax — About 20 patches of yellow toadflax (a total of approximately 12 acres) are scattered across approximately 3,500 acres of high-elevation rangeland-forestland mix. The main herbicide to be used for toadflax will be Telar.

5. Little Greys River

Driving distances from Alpine, Wyoming range from about 8 to 11 miles on a gravel road. The distance from parking areas to weed patches ranges from less than ¼ mile to about 2 miles. Several entry points are available. The elevation ranges from about 6,200 feet to about 6,700 feet.

Spotted Knapweed — About 5 patches of spotted knapweed (a total of approximately 5 acres) are scattered across approximately 2,000 acres forestland-rangeland mix (south slopes of lower 2-½ miles of the river). The main herbicides to be used for spotted knapweed will be Milestone.

II-3 Documentation The following data for each noxious weed site shall be submitted to the Forest Service representative a minimum of every two weeks. This information will recorded on daily treatment report records provided by the Forest Service representative.

Weed species.

Date of treatment and whether it is first or second treatment.

Location of weed patch using site numbers corresponding to the map and name of the drainage. The location of new sites must be identified using UTM coordinates NAD 83/USGS 84.

Estimate of acres and estimate of the canopy cover of the weed species.

Estimate of acres treated.

Name of herbicide used

Product rate.

Calibrated volume.

Volume applied.

II-4 Period of Performance Services covered in this solicitation and resultant contract are to begin no earlier than June 15, 2012 and end no later than September 30, 2012. This work period may be adjusted if weather or environmental conditions or plant phenology require a change.

II-5 Government-Furnished Property The Government will provide the following items of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract. The following items will be government furnished:

· Packhorse spray equipment (a battery-operated sprayer, CO2-operated sprayer)

· Herbicide, dye, and surfactant

· Beetles for biological control

· Storage of chemicals when not in use

· GPS unit

· National Forest map showing Greys River Ranger District

II-6 Contractor Furnished Property The Contractor shall provide the following property for use in the performance of this contract:

· Horses

· Truck and horse trailer

· Personal protection equipment (PPE) as specified in the herbicide label for loading, mixing and spraying operations, and for use of horses

· Digital camera with at least 5 mega pixel quality.

II-7 Weed Control Requirements

1. Herbicides to control weeds shall be applied to infestations of targeted weed species identified in the “Priority Weed-Infestations to be Treated” subsection, below, on a map to be provided to the Contractor.

2. Each infestation shall be treated two times in accordance with label requirements, except that a second treatment would not be needed if no re-sprouting has occurred and live plants occur in an infestation site.

3. The Contractor shall conduct a systematic grid search pattern within the perimeter of each weed infestation (patch) identified in the “Priority Weed-Infestations to be Treated” subsection, below. The Contractor shall extend this systematic grid search pattern beyond the perimeter of each infestation and/or treatment area by at least 50 feet in order to detect outliers.

4. Dye shall be mixed with all spray mixtures to help crews in their efforts and to assist with inspections by the Forest Service.

5. Non-target species (particularly aspen, willow, and other woody species) shall be avoided to the greatest extent possible while still getting adequate coverage of the targeted species.

6. Treated weed infestations shall be monitored to detect treatment efficacy and track the status and trend of weed infestations. See “Documentation” section for needed information. Comments and recommendations from the Contractor regarding future site management are requested.

7. Existing weed infestations that have changed in size and extent and/or canopy cover since the last measurement shall have appropriate data recorded, including delineation of the infestation using GPS unit and recording the noxious weed species, approximate acreage of the infestation, and canopy cover of the noxious weed(s).

8. New weed infestations encountered by the Contractor shall be mapped with a GPS unit, and pertinent data recorded (see “Documentation” section for needed information). Comments about the site are requested. If the density of infestation is apparent a “pre-treatment” photograph shall be taken with pertinent information recorded to be able to determine where and when the picture was taken. The pictures shall be provided to the Forest Service.

II-8 Beetle Releases In addition to herbicide spraying, 1-2 days will be spent distributing beetles to several leafy spurge, musk thistle, and/or Canada thistle patches. The Forest Service will provide maps of beetle-release sites, instructions for releasing beetles, and beetles.

II-9 Progression and Order of Treatment The Contractor, as approved by the COR, will determine the order and progression of work within a treatment area. The Forest Service reserves the right to determine the timing of herbicide application and order of activities within treatment areas.

The Forest Service reserves the right to alter the location of treatment areas should planned treatment areas become inaccessible (e.g. wildfires or mass erosion events due to high intensity storms) with prior written notification of the change by a properly executed modification from the Contracting Officer. Only areas of comparable size, terrain, and accessibility will be considered for potential alterations.

II-10 Spraying Regulations Spraying is prohibited when wind speeds and/or temperatures exceed label requirements for the herbicides being applied or when sustained wind conditions exceed velocities permitted by the Forest Service or by the Wyoming Department of Agriculture.

Herbicide applications, storage, containment and transport of herbicides and adjuvants, cleaning of spray equipment, and disposal of herbicide containers shall be conducted in accordance with State and Federal laws. The Contractor shall comply with any requirements of the manufacturer of the herbicide being applied.

II-11 Operational Spill Incident Requirements

The Contractor shall comply with Forest Service requirements for response to an operational spill incident, including spill kit contents, notification, containment and cleanup of operational spills of herbicides. These requirements are attached as Exhibit 1.

II-12 Licensing/Certifications The contractor shall be certified to spray herbicides in Wyoming and be able to identify the noxious weeds identified in this request for quote. Quoters shall provide a copy of their applicator’s license with their quote in order to be considered. Unacceptable quotes will not be considered.

Environmental Regulations. Contractor shall comply with all applicable Federal, State and local environmental laws and regulations while performing work under this Contract.

Spraying Activities. Contractor shall follow instructions on herbicide label for spraying specifications concerning application rate, wind, water, weather, storage, spills, etc.

II-13 Inspection Requirements The COR shall spot check the herbicide application work no sooner than ten (10) days after but no later than 15 days after the herbicide has been applied to an area. Inspections should determine both the adequacy of coverage of the project area and the efficacy of the application to the target species. Target tolerances for the treated area are:

(1) Application coverage of each project area shall meet or exceed 95% of the project area as shown on the map of the project area (see attached project maps).

(2) Herbicide application shall demonstrate 95% mortality of the treated noxious weed plants.

Inspection criteria for coverage and mortality: a determination of successful execution of this Contract shall be based on either inspection of randomly located transects within each treatment area that are representative of the treatment area. The COR shall determine if tolerances have been met based on these inspections.

Indications of herbicide application and incipient mortality shall be evident by visual deterioration of the treated plants, including drooping, wilting, chlorosis, interrupted seed maturation, and drying of plant parts (stem, leaves, reproductive parts), beyond recovery.

If the COR deems it necessary, specimens of the target weed species or random samples of the herbicide solution from the tanks may be obtained for laboratory analysis. The target weed species specimens would be analyzed to determine that the required herbicide was applied. The Contractor may observe the sampling and may receive a copy of the laboratory analysis upon request.

If inspections determine that herbicide application work has not met or exceeded the above tolerances, the Forest Service representative will meet with the contractor to discuss the deficiencies. If it is determined these tolerances have not been met because the herbicide was not applied to the target species or the herbicide solution did not comply with the constraints, or for any other contractor-caused deficiency, the contractor shall, generally, be given one week to correct the deficiency. All repeat treatments shall be approved by the Forest Service representative, who may require an increase or decrease in time of re-treatment based on weather conditions. The contractor shall reapply the treatment at no extra cost to the Government. If weather conditions do not permit re-treatment, the contractor shall receive payment as indicated below in the measurement and payment.

II-14 Measurement and Payment If the follow-up inspection by the Forest Service representative determines that one or both tolerances have still not been met:

1) The Forest Service representative will pro-rate payment according to level achieved, but no more than 85% tolerance. Pro-rating shall be accomplished by matching payment to achieve tolerance(s) between 85% and 94%.

2) Tolerance(s) below 85% will cause no payment for the treated area to be made, and my constitute grounds for contract termination for failure to perform.

If the contractor does not comply with re-treatment requirements, this shall constitute grounds for contract termination and payment will not be made.

Payment will be made on a job basis, with each item considered a separate job. Invoices for partial payment will be accepted provided conditions below are met.

The Contractor must deliver to the COR completed daily treatment report records, on the forms provided by the government, before invoices for partial or full payment will be accepted.

II-15 Pre-Work Meeting Prior to commencement of work, the Contracting Officer and the COR will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. At this meeting, items such as work schedule, work area signing requirements, priority and order of treatment areas, location of water drafting sites and manner of drafting, spill prevention measures, and fire prevention and suppression plans shall be developed and established in writing.

SECTION III - CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions - Commercial Items (FEB 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 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 Governmentwide 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; 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 CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

FAR 52.219-14 Limitations on Subcontracting (DEC 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for--

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for 3 years, or 1 year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 2902.10 et seq.). For example, some USDA-designated items such as mobile equipment hydraulic fluids, diesel fuel additives, and penetrating lubricants are excluded from the preferred procurement requirement for the application of the USDA-designated item to one or both of the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.usda.gov/biopreferred.

AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuance to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational disease are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance and shall be required in the amount of $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

FAR 52.236-7 Permits and Responsibilities (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.245-1 Government Property (JUN 2007)

52.245-9 Use and Charges (JUN 2007) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (FEB 2012)

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

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

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

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

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 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).

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

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (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).

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

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

__ (11) [Reserved]

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

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

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

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

__ (18) 52.219-16,…