s090030_solicitation_pkg.pdf

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

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 42

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

DATE

AG-03R6-S-09-0030

DATE

02/27/2009

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

7. FOR SOLICITATION Ron Penrose calls) (406) 329-3979 LOCAL TIME INFORMATION CALL: 03/27/2009 4:00 p.m.

9. ISSUED BY CODE 10. THIS ACQUISITON IS

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

Western Montana Acquisition Zone SMALL BUSINESS EMERGING SMALL

BUSINESS

Building 24, Fort Missoula Missoula, MT 59804

HUBZONE SMALL

NAICS: 561311 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $7.0 Million OWNED SMALL BUSINESS

13b. RATING 12. DISCOUNT TERMS 11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MA KED

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700) R

SEE SCHEDULE 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Delivery Schedule Same as Block 9

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

DUNS NO: __________________

USDA, OCFO, COD, APB

P.O. Box 60075 New Orleans, LA 70160

TELEPHONE N0.

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

OFFER IS CHECKED

SEE ADDENDUM

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

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

TEMPORARY HELP SERVICES

for the Bitterroot, Flathead, and Lolo National

Forests; the Aerial Fire Depot; Arthur Carhart National Wilderness Training Center; and Missoula

Technology and Development Center Hamilton, Kalispell, and Missoula, Montana

PLEASE PLACE YOUR QUOTE IN SECTION B –

SCHEDULE OF ITEMS

Return your quote to the address shown in Block 9. Please place “Solicitation No. AG-03R6-S-09-0030” on the envelope.

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

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

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

Temporary Help Services

SECTION B - SERVICES AND PRICES

Job Category PAY+FR Bill Rate OT Rate Holiday 1 Accounting Clerk I (DOL) $11.57 + $3.24 $_______ $_______ $________ 2 Accounting Clerk II (DOL) $13.12 + $3.24 $_______ $_______ $________ 3 Accounting Clerk III (DOL) $15.92 + $3.24 $_______ $_______ $________ 4 Aircraft Ramp Assistant/Parking Tender

(GS-7) $18.26 + $3.24 $_______ $_______ $________

5 Archeological Technician II (DOL) $16.03 + $3.24 $_______ $_______ $________ 6 Assistant Cache Manager (GS-7) $18.26 + $3.24 $_______ $_______ $________ 7 Biological Technician I (GS-5) $14.74 + $3.24 $_______ $_______ $________ 8 Biological Technician II (GS-7) $18.26 + $3.24 $_______ $_______ $________ 9 Civil Engineering Technician (DOL) $17.37 + $3.24 $_______ $_______ $________ 10 Carpenter, Maintenance (DOL) $16.34 + $3.24 $_______ $_______ $________ 11 Civil Engineering Technician – GPS (GS-11) $27.03 + $3.24 $_______ $_______ $________ 12 Computer Operator II (DOL) $13.08 + $3.24 $_______ $_______ $________ 13 Computer Systems Mgmt Assistant (GS-5) $14.74 + $3.24 $_______ $_______ $________ 14 Content Analysis Assistant (GS-5) $14.74 + $3.24 $_______ $_______ $________ 15 Cook I (DOL) $9.16 + $3.24 $_______ $_______ $________ 16 Cook II (DOL) $10.38 + $3.24 $_______ $_______ $________ 17 Dispatcher (GS-7) $18.26 + $3.24 $_______ $_______ $________ 18 Dispatcher Assistant (GS-5) $14.74 + $3.24 $_______ $_______ $________ 19 Drafter/CAD Operator I (DOL) $14.72 + $3.24 $_______ $_______ $________ 20 Drafter/CAD Operator II (DOL) $18.44 + $3.24 $_______ $_______ $________ 21 Electrician, Maintenance (DOL) $22.08 + $3.24 $_______ $_______ $________ 22 Electronics Tech, Maintenance I (DOL) $16.61 + $3.24 $_______ $_______ $________ 23 Facilities Maintenance Worker (WG-5) $16.11 + $3.24 $_______ $_______ $________ 24 Fire Equipment Handler (WG-4) $14.70 + $3.24 $_______ $_______ $________ 25 Fire Equipment Specialist (WG-5) $16.11 + $3.24 $_______ $_______ $________ 26 Forestry Technician I (GS-4) $13.18 + $3.24 $_______ $_______ $________ 27 Forestry Technician II (GS-5) $14.74 + $3.24 $_______ $_______ $________ 28 Forestry Heavy Equip Operator (DOL) $17.56 + $3.24 $_______ $_______ $________ 29 Forestry Heavy Equipment Leader (WL-8) $22.23 + $3.24 $_______ $_______ $________ 30 General Clerk I (DOL) $9.80 + $3.24 $_______ $_______ $________ 31 General Clerk II (DOL) $10.69 + $3.24 $_______ $_______ $________ 32 General Clerk III (DOL) $12.00 + $3.24 $_______ $_______ $________ 33 GPS Operator (GS-7) $18.26 + 3.24 $_______ $_______ $________ 34 Hydrologic Technician I (GS-4) $13.18 + $3.24 $_______ $_______ $________ 35 Hydrologic Technician II (GS-5) $14.74 + $3.24 $_______ $_______ $________ 36 Information Receptionist (GS-3) $11.74 + $3.24 $_______ $_______ $________

37 Instructional Aide (GS-5) $14.74 + $3.24 $_______ $_______ $________ 38 Technical Instructor/Course Developer

(DOL) $19.84 + $3.24 $_______ $_______ $________

39 Interpretive Coordinator (GS-7) $18.26 + $3.24 $_______ $_______ $________ 40 Laborer (DOL) $10.39 + $3.24 $_______ $_______ $________ 41 Laborer, Grounds Maintenance (DOL) $10.34 + $3.24 $_______ $_______ $________ 42 Manufacturing Room Worker (GS-6) $16.44 + $3.24 $_______ $_______ $________ 43 Maintenance Trades Helper (DOL) $13.14 + $3.24 $_______ $_______ $________ 44 Project Inspector (GS-9) $22.34 + $3.24 $_______ $_______ $________ 45 Personnel Assistant (Employment) III (DOL) $16.57 + $3.24 $_______ $_______ $________ 46 Road Maintenance Technician (GS-5) $14.74 + $3.24 $_______ $_______ $________ 47 Secretary II (DOL) $12.06 + $3.24 $_______ $_______ $________ 48 Small Engine Mechanic (DOL) $15.07 + $3.24 $_______ $_______ $________ 49 Social Services Assistant (GS-5) $14.74 + $3.24 $_______ $_______ $________ 50 Telecommunications Helper (GS-7) $18.26 + $3.24 $_______ $_______ $________ 51 Truckdriver, Heavy Truck (DOL) $16.09 + $3.24 $_______ $_______ $________ 52 Watershed Technician (GS-5) $14.74 + $3.24 $_______ $_______ $________ 53 Welder (DOL) $16.86 + $3.24 $_______ $_______ $________ 54 Word Processor I (DOL) $11.68 + $3.24 $_______ $_______ $________ 55 Word Processor II (DOL) $12.93 + $3.24 $_______ $_______ $________ 56 Word Processor III (DOL) $14.46 + $3.24 $_______ $_______ $________

Notice to Quoters

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

Minimum and Maximum Contract Amounts

The Government will place orders totaling for the life of the contract a minimum of $5,000 and a maximum contract amount of $5,500,000 during the period specified in FAR clause 52.216-18, Ordering.

Price Schedule

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

Refer to the list for general types of positions in the Schedule of Items and furnish quotes for the regular, overtime and holiday bill rates for each position. Submit price quotes for the base year using the schedule above. An Economic Price Adjustment will be applied on the option years as described in the Economic Price Adjustment clauses.

Many of the positions (non-professional) fall under the U.S. Department of Labor's Service Contract Wage Determinations which establishes the minimum worker's hourly rate and fringe benefits.

Therefore, the bill rate quote should be be based on a percentage of the direct worker's hourly rate.

(See FAR clause 52.212-4 Addendum, Measurement, for other pricing considerations.)

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

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

(b) Contract Period and Renewal Options. Refer to FAR Clause 52.212-4 for further information. At the option of the Government, the contract may be renewed for additional 1 year periods, not to exceed four renewal periods. The renewal will be with the same terms and conditions except that any renewal is subject to the provisions of Contract Clauses, Option to Extend the Term of the Contract (FAR 52.217-9), and Fair Labor Standards Act and Service Contract Act-Price Adjustment (FAR 52.222-43) (Referenced).

(c) Basis of Evaluation and Award. The Government will award one contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made on a Best Value basis considering the following factors: 1) Experience; 2) Offeror’s past performance; and 3) price. The Government will evaluate offers for award purposes by considering the total price.

Responses to the Experience Questionnaire will be used in the evaluation. Price is approximately equal in weight to the technical evaluation criteria; however, the importance of price may become greater as the differences between technical offers decrease. Where technical offers are determined to be substantially equal, price may control award.

A complete offer must include a properly executed and signed SF Form 1449, Schedule of Items filled-in appropriately, all questions of the Experience Questionaire answered in detail, and FAR Clause 52.212-3 filled out correctly.

Statement of Work

(a) Scope of Contract. The purpose of this performance based contract is to meet the temporary staffing needs of the Bitterroot, Flathead, and Lolo National Forests; the Aerial Fire Depot; the Arthur Carhart National Wilderness Training Center; and Missoula Technology and Development Center. Other Federal Government units within the Missoula area may be authorized to use this contract on an occasional basis if approved by the Contracting Officer. The Contractor shall be the legally responsible employer and maintains that relationship during the time its employees are assigned to the Government. The Contractor shall be responsible for payroll deductions and payment of income taxes, social security (FICA), unemployment insurance, workers' compensation, etc., and shall also provide required liability insurance and bonding. The Contractor shall provide a Certificate of Insurance stating their limits of liability and bonding provisions. (See FAR Clause 52.212-4 Addendum for the full text of FAR 52.228-5 Insurance--Work on a Government Installation.)

The Contractor shall provide an office within the Missoula, Montana, area along with an office manager and staff sufficient to provide services as needed . Due to urgent needs, the Contractor shall notify the Government within 24 hours that they have a qualified worker who can meet the needs of the Government. The Contractor shall provide the best qualified worker for each position requested and all other services necessary for furnishing workers to the point of hire. The Government will furnish tools, transportation from the point of hire, and special equipment, unless otherwise specified in the delivery order.

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

Some positions may require collection activities; that is, selling maps and permits and the safe-keeping of Government money. Contractors shall bond each contract employee for protection from loss of receipts. Contract employees will be provided training by the Government in accordance with the Collection Officer's Manual and provided a safe-keeping place for money collected. The employee will be subject to internal controls and audits required by the Forest Service Fiscal Review and Analysis Handbook, Section 31, FSH 1409.11.

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

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

(d) Travel. Travel per diem shall be negotiated at the time travel is authorized by the Government.

Per diem shall not exceed the maximum allowed for Government employees unless a reasonable basis is established.

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

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

(g) Safety.

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

The Government will furnish hard hats, safety glasses, and other specialized safety equipment.

Government-furnished property, as stated in the Government-Furnished Property clause, shall be returned to the Government upon termination of the work assignment.

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

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

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

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

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

(j) Ordering.

(1) Procedure. All requests for temporary help services under this contract shall be coordinated with the Contracting Officer’s Representative by submitting a Job Order Form (see Attachments) for review. The Job Order Form must include an estimate of number of hours multiplied by the hourly bill rate with a total. Upon review and acceptance by the COR, the requesting unit will submit an Integrated Acquisition System (IAS) Requisition. Warranted Contracting Officers of the Western Montana Acquisition Zone may order services within their warrant levels and are authorized to place task orders by telephone, FAX, in person, or by mail. If the original amount of the order will be exceeded, a modification to the task order within IAS will be required prior to any additional work being performed.

(2) Limitations.

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

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

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

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

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

(B) To displace a Federal employee.

(C) To circumvent controls on employment levels.

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

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

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

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

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

(vi) Task Orders. If a task order crosses the period when an option year is exercised, the terms and conditions, including the rate of the contract at the time the task order was issued, are applicable.

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions - Commercial Items (OCT 2008)

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

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

(viii) Name, title, and phone number of person to be notified 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 sub-line 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. 301, 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 the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

FAR 52.212-4 Addendum to - Contract Terms (FEB 2007)

Requirement to Complete USDA Privacy Basics Course

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

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

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

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

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 through contract period of performance or option extension date.

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

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

FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00, 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 $50,000;

(2) Any order for a combination of items in excess of $1.1 million; or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 Indefinite Quantity (OCT 1995)

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

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

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

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

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates, provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of the of the actual option renewal.

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;

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 60 months from date of award.

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.

Economic Price Adjustments

This solicitation contains two clauses to cover unforeseen increases or decreases in costs associated with performing the work specified herein.

"Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multi Year and Option Contracts)", FAR 52.222-43, provides for increases or decreases in wages and fringe benefits, and the accompanying increases or decreases in social security, unemployment taxes and worker’s compensation insurance, to the extent that the increase is made to comply with, or the decrease is voluntarily made by the contractor as a result of, a new wage determination or amendment to the Fair Labor Standards Act.

“Economic Price Adjustment – State Worker’s Compensation”, provides for increases or decreases in contract price to reflect increases or decreases in the general rates charged for the categories of labor applicable to this contract.

Economic Price Adjustment – State Worker’s Compensation Insurance

Contract unit prices may be adjusted at the time an option is exercised, to reflect general increases or decreases in State Worker’s Compensation insurance rates for the categories of labor applicable to this contract. The Contractor shall submit a current statement showing rates charged per $100 gross payroll to the Contracting Officer within 15-calendar days after receipt of a written request.

Adjustments will be limited to increases or decreases in the general rates only, exclusive of any modifier applicable to an individual Contractor and shall not include any amount for general and administrative cost, profit, or overhead.

Example:

Unit Price = $300.00 Percent of Unit Price Affected (wages, excluding payroll taxes) = 50% Percent increase in Worker’s Compensation Rate = New rate per $100 gross payroll ($48.00) – Previous rate per $100 gross payroll ($40.00)

$300 X $48.00 - $40.00 X .50 100 = $12.00 New Unit Price = $312.00

AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuant 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. The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $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.

Inspection/Acceptance

(a) The Government will perform periodic review of the Contractor’s Quality Control Procedures, Inspection Reports, and customer comments in addition to accuracy of timecards and invoicing.

(b) Quality Assurance Inspections will be made by random sampling or entire inspection of the work, and follow up of customer comments.

(c) Periodic means a minimum of 1 review each month, but may be done more frequently if necessary.

(d) Work that does not meet the contract requirements will be brought to the Contractor’s attention.

Repetitive or continuous failure to meet contract requirements may result in a quality adjustment to…