Offerers_Copy.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

08/28/09

INFORMATION CALL:

09/10//09 4:00 p.m.

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

Building 24, Fort Missoula Missoula, MT 59804

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HUBZONE SMALL

NAICS: 561790 BUSINESS

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SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: $7.0 Mil OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

See Delivery Schedule

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DUNS NO: __________________ TIN _____________________

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.

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

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SEE ADDENDUM

Missoula County, Montana

PLEASE PLACE YOUR QUOTE IN

SCHEDULE OF ITEMS, page 3 (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

Tami L. Mitchell 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

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INSPECTED

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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

CORRECT FOR

|PARTIAL | |FINAL

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COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.3/2005) BACK

SERVICES AND PRICES

Schedule of Items

ITEM

DESCRIPTION

QUANTITY UNIT UNIT PRICE AMOUNT

1.1 Preventive Maintenance, MO

Inspections, and Minor Repairs

1.2 Labor Rate (Fully Burdened)

XX

HR

for Major Repairs and Upgrades

(See B-5)

1.3 Equipment, Materials, Parts for

Major Repairs and Upgrades

(See B-4)

B- 2 Written Acceptance Any Purchase Order resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

B- 3 Basis of Award

One award will be made. Offer of award will be made to the Quoter(s) whose quote, as determined by the Contracting Officer, provides the best value to the Government, considering but not limited to, such factors as price, past performance, and capability to accomplish this type of work. The Experience Questionnaire will be used as part of this evaluation.

B-4 Equipment, Materials, Parts The Contracting Officer will negotiate all major repairs and upgrades at time of occurrence.

Prices to be paid equipment, materials, and parts shall be based on established catalog or list prices in effect when material is furnished, less all applicable discounts to the Government, and shall reflect the contractor’s sales price to its most-favored customer for the same item or the current market price, whichever is lower. Contractor will be responsible for first $5,000.00 in materials and parts as part of the preventative maintenance.

B-5 Fully Burdened Labor Rate is defined as including mileage, wages, overhead, general and administrative expenses, and profit.

General Specifications

C- 1 - Scope of Contract

The Contractor shall provide all supervision, labor, materials, equipment, replacement parts, supplies, transportation, and incidentals necessary to perform maintenance and minor repair of mechanical, temperature control, and fire protection equipment at the Aerial Fire Depot (AFD).

Contractor must maintain a Metasys/DDC and pneumatic control systems. The AFD has a Metasys digital control system running the boilers and pneumatic controls throughout the facility. Contractor must have the resources and expertise to calibrate the DDC controls on the Boiler system and pneumatic controls in the facility on a regular basis to keep the facility operating controls working properly. When Contractor does the mechanical equipment quarterly inspections, they also calibrate and checkout the control systems running this equipment; Contractor’s mechanics must have the training to work on the digital controls and the pneumatic controls. The operating controls are as important as the equipment being controlled for a properly working system.

This work is being solicited as a performance based service contract. Performance based means the Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.

C- 2 - Location and Description

The Aerial Fire Depot is located approximately 6 miles west of Missoula, Montana on 5765 west Broadway.

C- 3 - Site Visit A Site visit is required for this project. It is scheduled for September 2, 2009 at 10:00 a.m. Please call if you plan to attend. For further information, please contact Frank Castillo, Facilities Base Manager at the Aerial Fire Depot, (406) 829-6929, Cell# (406)370-5891.

C- 4 - Definitions Major Repair - Examples of major repairs include the complete failure of compressors, electric motors, boilers, or other major units; or the modification of systems in place to better the performance or operation of a specific item.

Minor Repair - Examples of minor repairs include repair or replacement of controls, timers, sequences, thermostats, seals, bearings, recharging or reclaiming, program controller on boiler, etc.

Performance Requirements Summary (PRS) - Table found in Section 7, delineating work requirements, standards of performance, maximum allowable defect rates, and weights for each contract requirement. The PRS is used by the Government to assess Contractor performance and is the primary method for calculating deductions for unsatisfactorily performed or non-performed work

C- 5 – Contractor-Furnished Items Personnel. The Contractor shall provide personnel that are state licensed to maintain and repair HVAC control systems, boilers, confined space certified and handle Freeon.

C- 6 – Performance Work Statement Tasks and Critical Subtasks Preventive Maintenance and Minor Repairs. The Contractor shall perform preventive maintenance inspections (PMs) on the systems and equipment listed in Exhibits A and B. Preventive maintenance consists primarily of inspection, lubrication, calibration, adjustment, and minor part and component replacement (including, but not limited to: belts, pulleys, piping, valves, grills, thermostats, filters, belts, hoses, fluids, oil and grease) as required to minimize malfunction, breakdown, and deterioration of equipment; and the identification of repairs required to ensure the equipment is operating per manufacturer’s standards. The Contractor shall complete all identified repairs and provide all necessary services, parts, and materials as part of the preventive maintenance.

Maintenance Inspections. The contractor shall provide all preventative maintenance inspections for mechanical (heating, ventilation, air conditioning, and associated equipment) and temperature controls listed in Exhibit A and B for the Aerial Fire Depot.

Quarterly Maintenance and Inspections. The Contractor shall provide quarterly maintenance and inspections on all items listed in Exhibit B as specified in the contractor provided Preventative Maintenance and Inspection Schedule.

Quarterly Inspections. The Contractor shall provide quarterly maintenance on all items listed in Exhibit B.

Yearly Maintenance and Inspections. The Contractor shall provide safety maintenance on the fire protection equipment listed in Exhibit A.

Minor Repairs. The Contractor shall provide all needed minor repair, including labor, expendable supplies, and parts for items listed under Exhibits A and B. All replacement parts and equipment shall be the same as the part or equipment requiring replacement, unless otherwise approved by the Contracting Officer.

Major Repairs and Upgrades.

Major repair work will be authorized by the Contracting Officer. The Contracting Officer and the Contractor will negotiate the number of labor hours and purchases associated with equipment, materials, and parts under Item 1.2 and 1.3 prior to commencement of work. The Government reserves the right to furnish materials or parts for this work.

Work under Items 1.2 and 1.3 are not funded at time of award, but as funding is available and the work is needed, the Government may then order work performed under this contract, or from any other source deemed reasonable by the Contracting Officer.

During the course of the contract, the Government may require the replacement of older equipment before major repair is needed. The Government will determine what units or equipment are to be upgraded and the cost for such upgraded will be negotiated under Schedule B - Item 1.2 and 1.3.

On-call Repairs.

The Contractor shall provide 24-hour per day, seven days per week on-call repairs. The Contractor shall return a call to the Contracting Officer Representative / Facilities Base Manager within 30 minutes of notification of a problem and provide a qualified service representative on-site within 2 hours of the original notification. No additional compensation will be granted the Contractor for this service when the items creating the condition are included in Exhibits A and B.

Schedules, Logs and Plans.

Preventive Maintenance and Inspection Schedule. The Contractor shall provide a detailed Preventive Maintenance (PM) and Inspection schedule to the Contracting Officer for approval at least 15 calendar days after the start date of the contract. The Schedule shall cover the entire term of the contract and include, for each system/piece of equipment and PM listed in Exhibits A and B, the work to be performed (e.g., Quarterly PM, etc.), and the week of the month the PM will be performed.

Maintenance History Log. A log shall be maintained for all equipment listed in Exhibits A and B and shall include each equipment item, a description of any maintenance, inspections, repairs, or replacements done on each equipment item, and the date and time performed. The Contractor shall provide a copy of the Log monthly to the COR.

Quality Control Plan. The Contractor shall submit to the Government for approval a comprehensive Quality Control Plan that documents how it will implement and maintain quality control (QC) throughout the period of performance. By following the QC Plan, the Contractor shall ensure that it meets all requirements of the performance work statement (PWS) in accordance with the quality and timeliness standards of the PWS. The Contractor shall submit a draft QC Plan per the Request for Quote (RFQ) instructions.

C- 7 – Government Publication, Industry Standards Technical Exhibits

C- 8 – Performance Requirements Summary (PRS)

C-8 Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

C-9 Service Contract Act of 1965: If this is a contract in excess of $2,500 the Act requires the Contractor to pay certain minimum wages to all service employees working under this contract. These required minimum wages are stated in the attached Register of Wage Determinations under the Service Contract Act. If no such Register is attached, the Contractor is required to pay no less than the minimum wage specified under Section 6(a)(1) of the Fair Labor Standards Act of 1938, As Amended.

LIST OF EQUIPMENT TO BE MAINTAINED AND INSPECTED YEARLY

EXHIBIT A

LOCATION

Flammable Storage Building Coordination Center NRCC Exhaust Fan - 1/12 hp 5 – Pull Stations

10 - Heat Detectors 18 – Smoke detectors

2 - Cadet Space Heater 11- Strobe Alarms

4 - Firelite Alarm Panels 1 – Alarm Keypad

10 - ABC Miniscan 124R + Tanks

2- Horns

Dormitory New Fire Alarm System Air Operations Building 72 - Smoke Detectors 1 – Siemans Fire Panel

4 - Heat Detectors 13 – Smoke Detectors

4 - Water Bugs 3 – Strobe Light Alarms

14 - Strobe Light Alarms 3 – Pull Stations

10 - Pull Stations

1 – Silent Knight Panel

Cache 76 - Heat Detectors

1 - Propane Detector

1 - Water Bugs

1 - Temp. Alarm (Computer)

8 - Strobe Light Alarms

1 - Carbon Monoxide Detector

8 - Pull Stations

8 - Motion Detectors

Loft 10 - Pull Stations

86 - Smoke Detectors

5 - Water Bugs

11 - Heat Detectors

8 - Strobe Light Alarms

1 - Keypad

1 - Propane Detector

1 - Motion Detector

1 – Nelson Lift Station/Bomb Shelter controls

EQUIPMENT DESCRIPTIONS AND LOCATIONS

REQUIRING PREVENTIVE MAINTENANCE AND QUARTERLY INSPECTIONS

EXHIBIT B

TYPE OF EQUIPMENT

MODEL NUMBER

LOCATION

WAREHOUSE BUILDING

Trane Unit Heater

Model D44A004

Radio Shop

Electrical Heaters Inc.

Model DHC3045-14-3P

Smokers Breakroom

Penn Ventilator Fan

Smokers Breakroom

Trane Unit Heater

Model E36A006

Cache Office

Herman Nelson Unit Heaters (ii)

Main Cache Area

Modine Unit Heaters(5)

New Addition Cache

Emerson Pump Motor

Model P63CZC-3020

Computer Tunnel

GE Pump Motor

Model 5K43KG4112H

Computer Tunnel

Herman Nelson Unit Heater Model S600HB-4438

Carpenter shop

Dayton Motor

Model 5K901C

Small Engine Shop

Mechanical Fire Dampers

Small Engine Shop

Marathon Fan

Model WWE48A110605E

Warehouse Roof

Carrier AC

Model 50EG006A

Carrier AC Condensor

Model 38ER024300

Model WQD48S17D2053

Dayton Vent Fan

To be provided

Model WQD48S17D2053E

Carrier AC

Model 40AQ024300BU

Computer Room

AC / and Filter System Model AA3000 Warehouse Roof

DORM BUILDING

Goodman Evaporator (2)

Model WM 18-1 Roof / Rooms

Goodman Condenser (2)

Model HDC 18-1 “

Goodman Evaporator (10)

Model WMC12 “

Goodman Condenser (10)

Model HDC12-1 “

Friedrich Air Conditioners (7) Model MW18C3D/

MR18C3D

Mitsubishi Mini-AC (6)

Taco Pump Motor

Model P5D110

Mechanical Room

Trane Utility Fan

Model U13K3-B1

Trane Cabinet Fan

Model CBDB10A03

BCL03K

Taco Pump Motor

Tunnel

Trane Unit Heater (2)

Model B12A003 S81H Bob Marshall Room

14804

Trane Unit Heater (2)

Model 15KCP29BK

Pintlar Room

TYPE OF EQUIPMENT

MODEL NUMBER

LOCATION

DORM BUILDING

Exhaust Fan

Kitchen Roof

All HVAC Controls

Centri Exhaust Fan Model PV150EZ Dorm Roof

VISITOR CENTER

Kennard/Nelson AHU

Model H1039AC

Mechanical Room

Rheem Hot Water Heater

Model 22V40

Boiler Room

McQuav HVAC Unit

Attic

Swamp Cooler To be provided West Exterior Pacific Coast Boiler

Model 1865FS

Dayton Pump Motor

Model 6K521A

Boiler Room

Bell & Gossett Pump Motor

MO9181

Johnson Air Compressor

Model OS62L-FHK6-3FA Boiler Room

LOFT BUILDING

Baldoor Motor

Model 3211T

Baldoor Compressor (2)

Model M3157T

Boiler Room

Lochinvar Hot Water Boiler Model RWN 500

Lochinvar Boiler # 1

PBN 1500

Boiler Room

Lochinvar Boiler # 2

PBN 1500

Taco Recirculating Pump

Taco LP Pump

Model BB2008

Taco Pump

Taco Pump

Herman Nelson Unit Heater (4)

Loadmasters

Packing Room

Sewing Room

McQuay Dryer

Model H181H

Tower

Carrier Unit Heater (6)

Model 42AB

Pilots Office

Carrier Unit Heater (6)

Model 42AB

Offices

Trane Air Conditioner

Model SRUB-C106A

Air Handling Unit

Bomb Shelter

Ventilator Fan

Hot Water Heater

Humidifier

Above Telephone Room

Lennox Condensing Unit

Model H546-311V1P

Loft Roof

Lennex AC (2)

Model 50EG006A510DA

Greenheck Exhaust Fan

Model GB-100-4

Loft Roof

Greenheck Exhaust Fan

Model SWB-12-S

Loft Roof

Trane Split System Evap.

Type 269-1333-1-A

Lennox AC

Model CHA10-411-1P

TYPE OF EQUIPMENT

MODEL NUMBER

LOCATION

LOFT BUILDING

Greenheck Fan

Model SQB165

Loft

DataTemp AC/Condensor

Loft

Hot Water Heater

Bomb shelter

Heating Coil Additions To be Provided Business / Coord

MAINTENANCE AND CARPENTER SHOP

Lennox Gas Furnace

Model CFQ3-80-140

Basement

AO Hot Water Heater

Model FSG 40

Basement

NORTHERN ROCKIES COORDINATION CENTER (NRCC)

Lochivar Water Heater ETN040-3-337 Mechanical Room

York Furnaces (2) F-3, F-5 G2FD036H17A Mechanical Room

York Furnaces (3) F-1, F-2, F-4 G2FD060H24A Mechanical Room York Heat Pumps (3) CU-1, CU-2,CU-4 H4DB060S06A Outside North

York Heat Pumps (2) CU-3, CU-5 H4DB036S06A Outside North

AIR OPERATIONS BUILDING

Carrier Weather Maker 38TDB060300 Hallway

Carrier Furnaces (2) 58MVP080-F-1-20 Mechanical Room

Carrier Ventilators (2) “ Mechanical Room Bedford-White Water Heater 100T88E3N Mechanical Room Exhaust Fans A-2500 Bathrooms

CONTRACT CLAUSES

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

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

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

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

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

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

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

(viii) Name, title, and phone number of person to 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 subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act;

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

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

FAR 52.204-9 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 52.217-8 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 30 days.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed One (1) year.

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.

Contract Time

AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from October 1, 2009 through March 31, 2010.

FAR 52.215-5 Facsimile Proposals (OCT 1997)

(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: (406) 329-1009

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal.

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timelines, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/ and the Agriculture Acquisition Regulation may be accessed at www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JUNE 2009)

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

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

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

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

[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).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

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

(4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub. L. 111-5).

(5) 52.219-3, Notice of Total HUBZone Small Business Set-Aside (JAN 1999) (15 U.S.C. 657a).

(6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(7) Reserved

(8) (i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

(ii) Alternate I (OCT 1995) of 52.219-6.

(iii) Alternate II (MAR 2004) of 52.219-6.

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

(ii) Alternate I (OCT 1995) of 52.219-7.

(iii) Alternate II (MAR 2004) of 52.219-7.

(10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

(11) (i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (OCT 2001) of 52.219-9.

(iii) Alternate II (OCT 2001) of 52.219-9.

(12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

(13) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(ii) Alternate I (JUNE 2003) of 52.219-23.

(15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (15 U.S.C. 657 f).

(18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)).

(19) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

(20) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

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

(22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212).

(24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212).

(26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

(27) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)) (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

FORMCHECKBOX

(29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

(30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

(ii) Alternate I (DEC 2007) of 52.223-16.

(31) 52.225-1, Buy American Act-Supplies (FEB 2009) (41 U.S.C. 10a - 10d).

(32)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUNE 2009) (41 U.S.C. 10a - 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

(ii) Alternate I (JAN 2004) of 52.225-3.

(iii) Alternate II (JAN 2004) of 52.225-3.

(33) 52.225-5, Trade Agreements (JUNE 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(34) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42. U.S.C. 5150).

FORMCHECKBOX

(36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42. U.S.C. 5150).

FORMCHECKBOX

(37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f).

(38) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

(39) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

(40) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

(41) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

(42) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, which 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 check as appropriate.]

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

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247).

(8) 52.237-11, Accepting and Dispensing of $1 Coin (SEPT 2008) (31 U.S.C. 5112(p)(1)).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2)…