Solicitation_AG-0343-S-16-0062.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 82

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

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

DATE

AG-0343-S-16-0062

DATE

03 AUGUST 2016

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Loren Ebner, Contracting Officer calls) 406-329-3858 LOCAL TIME 4:00 PM on

INFORMATION CALL: 23 AUGUST 2016

9. ISSUED BY CODE 10. THIS ACQUISITON IS

USDA – Forest Service UNRESTRICTED OR SET ASIDE: 100% FOR

Northern Region (R-1) Acquisition Mgmt. SMALL BUSINESS EMERGING SMALL

BUSINESS

24 Fort Missoula Road

Missoula, MT 59804

HUBZONE SMALL

NAICS: 115310 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: 7.0 million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Delivery Schedule

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR ADDRESS CODE

DUNS No: ___________________________________________ Tax Identification No.: __________________________________

18a. PAYMENT WILL BE MADE BY CODE

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

P.O. Box 60075

New Orleans, LA 70160

TELEPHONE N0.

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

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Bitterroot National Forest, Backcountry

Invasive Plant Treatment IDIQ

*See Section II – Schedule of Items contained herein.

*See Section V for instructions on submitting quote.

See V-2 for FAX instructions.

*See Section VI for required certifications and representations.

*See Section III for SAM registration requirement.

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

See Schedule

See Schedule

See Schedule of Items

25. ACCOUNTING AND APPROPRIATION DATA

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (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.3/2005)

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41 c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

Backcountry Invasive Plant Treatment IDIQ/Bitterroot NF

TABLE OF CONTENTS

SECTION I - STANDARD FORM 1449

SECTION II - SCHEDULE OF ITEMS

II-1 - Schedule of Items

II-2 - Authorized Ordering Activities

SECTION III - CONTRACT CLAUSES

III-1 - FAR 52.212-4 Contract Terms and Conditions - Commercial Items

III-2 - Addendum to FAR 52.212-4 Contract Terms and Conditions – Commercial

Items

III-2.1 - Contractor Performance Assessment Reporting System

III-2.2 - FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters

III-2.3 - FAR 52.216-18 Ordering

III-2.4 - AGAR 452.211-73 Minimum and Maximum Contract Amounts

III-2.5 - FAR 52.216-19 Order Limitations

III-2.6 - FAR 52.216-22 Indefinite Quantity

III-2.7 - FAR 217-9 Option to Extend the Term of the Contract

III-2.8 - FAR 52.236-7 Permits and Responsibilities

III-2.9 – Invoice Processing Platform

III-2.10 -FAR 52.252-2 Clauses Incorporated by Reference

III-3 - FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JUL 2010)

SECTION IV - DESCRIPTION/SPECIFICATION/WORK

IV-1 - Scope of Contract

IV-2 – Location

IV-3 – General Description

IV-4 – Government-Furnished Materials

IV-5 - Technical Specifications

IV-6 – Contractor Quality Control

IV-7 - Government Quality Assurance Inspections

IV-8 - Quality Assurance Plan/Requirements (table)

IV-9 - Contract Period

IV-10 - Commencement, Prosecution and Completion of Work

IV-11 - Task Order Performance Period and Estimated Start Work Date(s)

IV-12- Ordering Procedure

IV-13 - Pre-work Conference

IV-14 - Key Personnel

IV-15 - Fire Control

IV-16 - Camping

IV-17 - Weed Free Practices

IV-18 - Stock Use

IV-19 - Safety Plan

IV-20 - Personal Protective Equipment

IV-21 - Barricades, Warning Signs, and Other Devices

IV-22 - State of Idaho’s Notice to Offeror

IV-23 - Licensing Information

IV-24 - Attachments

SECTION V - SOLICITATION PROVISIONS

V-1 - FAR 52.212-1 Instructions to Offerors - Commercial Items

V-2 - Addendum to FAR 52.212-1 Instruction to Offerors - Commercial Items

V-2.1 –System for Award Management

V-2.2 – Information Regarding Responsibility Matters

V-2.3 – FAR 52.215-5 Facsimile Proposals

V-2.4 - FAR 52.216-27 Single or Multiple Awards (OCT 1995)

V-2.5 - Instructions for the Preparation of Offers

V-3 - FAR 52.212-2 Evaluation - Commercial Items

V-4 – FAR 52.217-5 Evaluation of Options

SECTION VI - REPRESENTATIONS AND CERTIFICATIONS

VI-1 - FAR 52.252-1 Solicitation Provisions Incorporated by Reference

VI-2 - FAR 52.212-3 Offer Representations and Certifications – Commercial Items

SECTION II: SCHEDULE OF ITEMS

YEAR ONE (Base): Contract Award- March 31, 2017

ITEM 1-01: INVASIVE PLANT TREATMENT

Item

No.

Site Type Condition Estimated

Quantity

Unit Unit Price Total Price

1-01A Trails New Treatment 0 Acre $__________ $__________

1-01B Trails Previous Treatment 600 Acre $__________ $__________

1-01C Off-Trail Sites New Treatment 5 Acre $__________ $__________

1-01D Off-Trail Sites Previous Treatment 600 Acre $__________ $__________ *See Paragraph IV-7.3 Contractor Payment. This item includes the actual herbicide spraying activity (labor).

ITEM 1-02: HERBICIDES, SURFACTANTS, AND DYE

Item

No.

Herbicides, Sufactants, and Dye Estimated

Quantity

Unit Unit Price Total Price

1-02A Aminopyralid @ 7 oz/acre 150 Acre $__________ $__________

1-02B Aquatic 2,4-D @ 1 quarts/acre 0 Acre $__________ $__________

1-02C Clopyralid @ 2/3 pt/acre 0 Acre $__________ $__________

1-02D Glyphosate @ 6 pt/acre 0 Acre $__________ $__________

1-02E Metsulfuron methyl @ 1 oz/acre 5 Acre $__________ $__________

1-02F Picloram @ 1 pt/acre 5 Acre $__________ $__________

1-02G Surfactants 50 Acre $__________ $__________

1-02H Dye 160 Acre $__________ $__________ *See Paragraph IV-7.3 Contractor Payment. This item is for the quantity of chemical necessary to treat an acre at the rate specified, but does not include the labor for the herbicide application (spraying activity).

“**Note: The chemical application rates identified on the Schedule of Items are for pricing purposes only. Contractor payment for chemicals applied per acre will be based on the application rates required by the product label of the chemical utilized, as applied to meet contract specifications.”

ITEM 1-03: TRAIL CLEARING

No.

Trail Clearing Estimated

Quantity

Unit Unit Price Total Price

1-03A Down Tree Clearing (<24” diameter) Each $__________ $___________

1-03B Down Tree Clearing (≥24” diameter) Each $__________ $___________

YEAR TWO (Option): April 1, 2017 - March 31, 2018

ITEM 2-01: INVASIVE PLANT TREATMENT

Item

No.

Site Type Condition Estimated

Quantity

Unit Unit Price Total Price

2-01A Trails New Treatment 0 Acre $__________ $__________

2-01B Trails Previous Treatment 600 Acre $__________ $__________

2-01C Off-Trail Sites New Treatment 5 Acre $__________ $__________

2-01D Off-Trail Sites Previous Treatment 600 Acre $__________ $__________ *See Paragraph IV-7.3 Contractor Payment. This item includes the actual herbicide spraying activity (labor).

ITEM 2-02: HERBICIDES, SURFACTANTS, AND DYE

No.

Herbicides, Sufactants, and Dye Estimated

2-02A Aminopyralid @ 7 oz/acre 150 Acre $__________ $__________

2-02B Aquatic 2,4-D @ 1 quarts/acre 0 Acre $__________ $__________

2-02C Clopyralid @ 2/3 pt/acre 0 Acre $__________ $__________

2-02D Glyphosate @ 6 pt/acre 0 Acre $__________ $__________

2-02E Metsulfuron methyl @ 1 oz/acre 5 Acre $__________ $__________

2-02F Picloram @ 1 pt/acre 5 Acre $__________ $__________

2-02G Surfactants 50 Acre $__________ $__________

2-02H Dye 160 Acre $__________ $__________ *See Paragraph IV-7.3 Contractor Payment. This item is for the quantity of chemical necessary to treat an acre at the rate specified, but does not include

“**Note: The chemical application rates identified on the Schedule of Items are for pricing purposes only. Contractor payment for chemicals applied per acre will be based on the application rates required by the product label of the chemical utilized, as applied to meet contract specifications.”

ITEM 2-03: TRAIL CLEARING

No.

Trail Clearing Estimated

Quantity

Unit Unit Price Total Price

2-03A Down Tree Clearing (<24” diameter) Each $__________ $___________

2-03B Down Tree Clearing (≥24” diameter) Each $__________ $___________

YEAR THREE (Option): April 1, 2018 - March 31, 2019

ITEM 3-01: INVASIVE PLANT TREATMENT

Item

No.

Site Type Condition Estimated

Quantity

Unit Unit Price Total Price

3-01A Trails New Treatment 0 Acre $__________ $__________

3-01B Trails Previous Treatment 600 Acre $__________ $__________

3-01C Off-Trail Sites New Treatment 5 Acre $__________ $__________

3-01D Off-Trail Sites Previous Treatment 600 Acre $__________ $__________ *See Paragraph IV-7.3 Contractor Payment. This item includes the actual herbicide spraying activity (labor).

ITEM 3-02: HERBICIDES, SURFACTANTS, AND DYE

No.

Herbicides, Sufactants, and Dye Estimated

3-02A Aminopyralid @ 7 oz/acre 150 Acre $__________ $__________

3-02B Aquatic 2,4-D @ 1 quarts/acre 0 Acre $__________ $__________

3-02C Clopyralid @ 2/3 pt/acre 0 Acre $__________ $__________

3-02D Glyphosate @ 6 pt/acre 0 Acre $__________ $__________

3-02E Metsulfuron methyl @ 1 oz/acre 5 Acre $__________ $__________

3-02F Picloram @ 1 pt/acre 5 Acre $__________ $__________

3-02G Surfactants 50 Acre $__________ $__________

3-02H Dye 160 Acre $__________ $__________ *See Paragraph IV-7.3 Contractor Payment. This item is for the quantity of chemical necessary to treat an acre at the rate specified, but does not include

“**Note: The chemical application rates identified on the Schedule of Items are for pricing purposes only. Contractor payment for chemicals applied per acre will be based on the application rates required by the product label of the chemical utilized, as applied to meet contract specifications.”

ITEM 3-03: TRAIL CLEARING

No.

Trail Clearing Estimated

Quantity

Unit Unit Price Total Price

3-03A Down Tree Clearing (<24” diameter) Each $__________ $___________

3-03B Down Tree Clearing (≥24” diameter) Each $__________ $___________

YEAR FOUR (Option): April 1, 2019 - March 31, 2020

ITEM 4-01: INVASIVE PLANT TREATMENT

Item

No.

Site Type Condition Estimated

Quantity

Unit Unit Price Total Price

4-01A Trails New Treatment 0 Acre $__________ $__________

4-01B Trails Previous Treatment 600 Acre $__________ $__________

4-01C Off-Trail Sites New Treatment 5 Acre $__________ $__________

4-01D Off-Trail Sites Previous Treatment 600 Acre $__________ $__________ *See Paragraph IV-7.3 Contractor Payment. This item includes the actual herbicide spraying activity (labor).

ITEM 4-02: HERBICIDES, SURFACTANTS, AND DYE

No.

Herbicides, Sufactants, and Dye Estimated

4-02A Aminopyralid @ 7 oz/acre 150 Acre $__________ $__________

4-02B Aquatic 2,4-D @ 1 quarts/acre 0 Acre $__________ $__________

4-02C Clopyralid @ 2/3 pt/acre 0 Acre $__________ $__________

4-02D Glyphosate @ 6 pt/acre 0 Acre $__________ $__________

4-02E Metsulfuron methyl @ 1 oz/acre 5 Acre $__________ $__________

4-02F Picloram @ 1 pt/acre 5 Acre $__________ $__________

4-02G Surfactants 50 Acre $__________ $__________

4-02H Dye 160 Acre $__________ $__________ *See Paragraph IV-7.3 Contractor Payment. This item is for the quantity of chemical necessary to treat an acre at the rate specified, but does not include

“**Note: The chemical application rates identified on the Schedule of Items are for pricing purposes only. Contractor payment for chemicals applied per acre will be based on the application rates required by the product label of the chemical utilized, as applied to meet contract specifications.”

ITEM 4-03: TRAIL CLEARING LABOR

No.

Trail Clearing Estimated

Quantity

Unit Unit Price Total Price

4-03A Down Tree Clearing (<24” diameter) Each $__________ $___________

4-03B Down Tree Clearing (≥24” diameter) Each $__________ $___________

YEAR FIVE (Option): April 1, 2020 - March 31, 2021

ITEM 5-01: INVASIVE PLANT TREATMENT

Item

No.

Site Type Condition Estimated

Quantity

Unit Unit Price Total Price

5-01A Trails New Treatment 0 Acre $__________ $__________

5-01B Trails Previous Treatment 600 Acre $__________ $__________

5-01C Off-Trail Sites New Treatment 5 Acre $__________ $__________

5-01D Off-Trail Sites Previous Treatment 600 Acre $__________ $__________ *See Paragraph IV-7.3 Contractor Payment. This item includes the actual herbicide spraying activity (labor).

ITEM 5-02: HERBICIDES, SURFACTANTS, AND DYE

No.

Herbicides, Sufactants, and Dye Estimated

5-02A Aminopyralid @ 7 oz/acre 150 Acre $__________ $__________

5-02B Aquatic 2,4-D @ 1 quarts/acre 0 Acre $__________ $__________

5-02C Clopyralid @ 2/3 pt/acre 0 Acre $__________ $__________

5-02D Glyphosate @ 6 pt/acre 0 Acre $__________ $__________

5-02E Metsulfuron methyl @ 1 oz/acre 5 Acre $__________ $__________

5-02F Picloram @ 1 pt/acre 5 Acre $__________ $__________

5-02G Surfactants 50 Acre $__________ $__________

5-02H Dye 160 Acre $__________ $__________ *See Paragraph IV-7.3 Contractor Payment. This item is for the quantity of chemical necessary to treat an acre at the rate specified, but does not include

“**Note: The chemical application rates identified on the Schedule of Items are for pricing purposes only. Contractor payment for chemicals applied per acre will be based on the application rates required by the product label of the chemical utilized, as applied to meet contract specifications.”

ITEM 5-03: TRAIL CLEARING

No.

Trail Clearing Estimated

Quantity

Unit Unit Price Total Price

5-03A Down Tree Clearing (<24” diameter) Each $__________ $___________

5-03B Down Tree Clearing (≥24” diameter) Each $__________

II-2. Authorized Ordering Activities

In addition to the Contracting Officer for the parent contract, the authorized officials shown below may issue Task Orders under this contract:

Contracting Officers assigned to the USDA Forest Service, Northern Region Acquisition Management, within the limits of their authority.

SECTION III - CONTRACT CLAUSES

III-1. FAR 52.212-4 Contract Terms and Conditions—Commercial Items (MAY 2015)

(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 41 U.S.C. chapter 71, Contract Disputes. 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.

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(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—System for Award Management, or 52.232-34, Payment by

Electronic Funds Transfer—Other Than System for Award Management), 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 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 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 41 U.S.C. 7109 , 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.

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(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 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_2.html#wp1079912 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031290 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031326

(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. chapter 37, Contract Work

Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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(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, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations 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) System for Award Management (SAM).

(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 SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM 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 SAM database to ensure it is current, accurate and complete. Updating information in the SAM 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 SAM 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 SAM information that shows the

Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 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 SAM 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

SAM database. Information provided to the Contractor’s SAM 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 SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

III-2. FAR 52.212-4 Addendum to - Contract Terms (MAY 2015)

III-2.1 Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture

Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_8.html#wp1029202 https://www.acquisition.gov/ past performance evaluations to be completed and entered into the Contractor Performance

Assessment Reporting System (CPARS).

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor

Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders (including prior to any renewal options exercised), an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

III-2.2 FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity

Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b) (1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) (i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in

FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

III-2.3 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 the date of contract award through March 31, 2021.

(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.

http://www.ccr.gov/

III-2.4 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $5,000.00 for the base year and for each option year exercised by the

Government, but not in excess of $500,000.00 per contract awarded total for the total contract period.

III-2.5 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 $5,000.00, 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 $200,000.00;

(2) Any order for a combination of items in excess of $200,000.00; or

(3) A series of orders from the same ordering office within 21 calendar 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 10 calendar 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.

III-2.6 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. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after

October 31, 2021.

III-2.7 FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within prior to the expiration of contract time for the base period or any option exercised by the

Government; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

III-2.8 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.

III-2.9 Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure

Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

III-2.10 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): Federal http://www.ipp.gov/

Acquisition Regulations - https://www.acquisition.gov/far and the Agriculture Acquisition

Regulations – www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-18 Variation in Estimated Quantity (APR 1984)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.242-14 Suspension of Work (APR 1984)

52.245-1 Government Property (JUN 2007) Alternate I (JUN 2007)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-73 Archaeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

III-3. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders - Commercial Items (JUL 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulations (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.]

(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).

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(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

(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 (Oct

2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

(Jul 2013) (41 U.S.C. 2313).

(10) [Reserved].

(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15

U.S.C. 657a).

(ii) Alternate I (JAN 2011) of 52.219-4.

(13) [Reserved]

(14) (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).

(15) (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.

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