QuotePackage.pdf

AG-03R6-S-14-0012

Wilderness Trips for Arthur Carhart

B-1 Schedule of Items

Base Year 2014 – TRIP BASED OUT OF MISSOULA, MONTANA

ITEM DESCRIPTION QTY UNIT PRICE

1 Horse Packing in Wilderness/Proposed Wilderness Area XXXXXXX

1.1 (Short) Difficulty: Easiest 1 Group $

1.2 (Short) Difficulty: Easiest to More Difficult 1 Group $

1.3 (Long) Difficulty: Most Difficult 1 Group $

2 Backpacking in Wilderness/Proposed Wilderness Area

Difficulty: Most Difficult

1 Group $

3 Drop Camp in Wilderness/Proposed Wilderness Area

Difficulty: Easiest

1 Group $

4 Llama Packing in Wilderness/Proposed Wilderness Area

Difficulty: More Difficult

1 Group $

Total Quote Base Item: $

Option Year 2015 – TRIP BASED OUT OF MISSOULA, MONTANA

ITEM DESCRIPTION QTY UNIT PRICE

1 Horse Packing in Wilderness/Proposed Wilderness Area XXXXXXX

1.1 (Short) Difficulty: Easiest 1 Group $

1.2 (Short) Difficulty: Easiest to More Difficult 1 Group $

1.3 (Long) Difficulty: Most Difficult 1 Group $

2 Backpacking in Wilderness/Proposed Wilderness Area

Difficulty: Most Difficult

1 Group $

3 Drop Camp in Wilderness/Proposed Wilderness Area

Difficulty: Easiest

1 Group $

4 Llama Packing in Wilderness/Proposed Wilderness Area

Total Quote Option Item 1 FY 15: $

Option Year 2016 – TRIP BASED OUT OF MISSOULA, MONTANA

ITEM DESCRIPTION QTY UNIT PRICE

1 Horse Packing in Wilderness/Proposed Wilderness Area XXXXXXX

1.1 (Short) Difficulty: Easiest 1 Group $

1.2 (Short) Difficulty: Easiest to More Difficult 1 Group $

1.3 (Long) Difficulty: Most Difficult 1 Group $

2 Backpacking in Wilderness/Proposed Wilderness Area

Difficulty: Most Difficult

1 Group $

3 Drop Camp in Wilderness/Proposed Wilderness Area

Difficulty: Easiest

1 Group $

4 Llama Packing in Wilderness/Proposed Wilderness Area

Total Quote Option Item 2 FY 16: $

TOTAL QUOTE BASE PLUS OPTIONS $ _____________

Base Year 2014 – TRIP BASED OUT OF KALISPELL/WHITEFISH, MONTANA

1 Horse Packing in Wilderness/Proposed Wilderness Area XXXXXXX

1.1 (Short) Difficulty: Easiest 1 Group $

1.2 (Short) Difficulty: Easiest to More Difficult 1 Group $

1.3 (Long) Difficulty: Most Difficult 1 Group $

2 Backpacking in Wilderness/Proposed Wilderness Area

Difficulty: Most Difficult

1 Group $

3 Drop Camp in Wilderness/Proposed Wilderness Area

Difficulty: Easiest

1 Group $

4 Llama Packing in Wilderness/Proposed Wilderness Area

Difficulty: More Difficult

1 Group $

5 River Float in Wilderness/Proposed Wilderness Area

Difficulty: Easiest to Most Difficult

Option Year 2015 – TRIP BASED OUT OF KALISPELL/WHITEFISH, MONTANA

ITEM DESCRIPTION QTY UNIT PRICE

1 Horse Packing in Wilderness/Proposed Wilderness Area XXXXXXX

1.1 (Short) Difficulty: Easiest 1 Group $

1.2 (Short) Difficulty: Easiest to More Difficult 1 Group $

1.3 (Long) Difficulty: Most Difficult 1 Group $

2 Backpacking in Wilderness/Proposed Wilderness Area

Difficulty: Most Difficult

1 Group $

3 Drop Camp in Wilderness/Proposed Wilderness Area

Difficulty: Easiest

1 Group $

4 Llama Packing in Wilderness/Proposed Wilderness Area

Difficulty: More Difficult

1 Group $

5 River Float in Wilderness/Proposed Wilderness Area

Option Year 2016 – TRIP BASED OUT OF KALISPELL/WHITEFISH, MONTANA

1 Horse Packing in Wilderness/Proposed Wilderness Area XXXXXXX

1.1 (Short) Difficulty: Easiest 1 Group $

1.2 (Short) Difficulty: Easiest to More Difficult 1 Group $

1.3 (Long) Difficulty: Most Difficult 1 Group $

2 Backpacking in Wilderness/Proposed Wilderness Area

Difficulty: Most Difficult

1 Group $

3 Drop Camp in Wilderness/Proposed Wilderness Area

Difficulty: Easiest

1 Group $

4 Llama Packing in Wilderness/Proposed Wilderness Area

Difficulty: More Difficult

1 Group $

5 River Float in Wilderness/Proposed Wilderness Area

Base Year 2014 – TRIP BASED OUT OF GREAT FALLS, MONTANA

ITEM DESCRIPTION QTY UNIT PRICE

1 Horse Packing in Wilderness/Proposed Wilderness Area XXXXXXX

1.1 (Short) Difficulty: Easiest 1 Group $

1.2 (Short) Difficulty: Easiest to More Difficult 1 Group $

1.3 (Long) Difficulty: Most Difficult 1 Group $

2 Backpacking in Wilderness/Proposed Wilderness Area

Difficulty: Most Difficult

1 Group $

3 Drop Camp in Wilderness/Proposed Wilderness Area

Difficulty: Easiest

1 Group $

4 Llama Packing in Wilderness/Proposed Wilderness Area

Difficulty: More Difficult

1 Group $

5 River Float in Wilderness/Proposed Wilderness Area

Option Year 2015 – TRIP BASED OUT OF GREAT FALLS, MONTANA

1 Horse Packing in Wilderness/Proposed Wilderness Area XXXXXXX

1.1 (Short) Difficulty: Easiest 1 Group $

1.2 (Short) Difficulty: Easiest to More Difficult 1 Group $

1.3 (Long) Difficulty: Most Difficult 1 Group $

2 Backpacking in Wilderness/Proposed Wilderness Area

Difficulty: Most Difficult

1 Group $

3 Drop Camp in Wilderness/Proposed Wilderness Area

Difficulty: Easiest

1 Group $

4 Llama Packing in Wilderness/Proposed Wilderness Area

Difficulty: More Difficult

1 Group $

5 River Float in Wilderness/Proposed Wilderness Area

Option Year 2016 – TRIP BASED OUT OF GREAT FALLS, MONTANA

ITEM DESCRIPTION QTY UNIT PRICE

1 Horse Packing in Wilderness/Proposed Wilderness Area XXXXXXX

1.1 (Short) Difficulty: Easiest 1 Group $

1.2 (Short) Difficulty: Easiest to More Difficult 1 Group $

1.3 (Long) Difficulty: Most Difficult 1 Group $

2 Backpacking in Wilderness/Proposed Wilderness Area

Difficulty: Most Difficult

1 Group $

3 Drop Camp in Wilderness/Proposed Wilderness Area

Difficulty: Easiest

1 Group $

4 Llama Packing in Wilderness/Proposed Wilderness Area

Difficulty: More Difficult

1 Group $

5 River Float in Wilderness/Proposed Wilderness Area

Notes

1. The Carhart Center will offer up to 5 field trips to one or more vendors out of ONLY ONE of the following locations – Missoula, Kalispell/Whitefish, or Great Falls, Montana. The location will be based on a Best Value to the Government determination. All Option Years will be out of the same location chosen for the Base Year. For example, if the best Value to the Government is determined to be Great Falls in the base year, all subsequent option years will be based out of Great Falls.

2. Outfitters may offer quotes for any of the locations where they can provide the services requested. Only one base location will be selected. Please reference Descriptions of Difficulty on page 11 for trip difficulty descriptions

3. See Evaluation Criteria on Page 39.

PERFORMANCE STATEMENT OF WORK AND GENERAL SPECIFICATIONS

Introduction

Background

The Arthur Carhart National Wilderness Training Center will be conducting a weeklong wilderness leadership training course during the last full week of June in 2014, 2015, and 2016. The course will start at a

Missoula, Kalispell/Whitefish, or Great Falls area hotel on Tuesday the week of the course.

Note: Above dates are for the Base Year. Option year dates will be negotiated after award.

Government participants will be broken into an estimated 5 groups of approximately 12 individuals each, [10 students, 1 Carhart representative, and 1 guide (provided by Contractor)]. Contractor may bid on single trips, several trips, or all work described below in any location.

Scope of Contract

The Government requires the services of one or more “outfitter(s)” to perform the duties as described in the

Contractor services and field trip descriptions below. The term outfitter hereinafter will be referred to as

Contractor. Work will be performed at specific times and locations as directed by the Carhart Center;

however, the dates for performance of the work are during the last week of June in 2014, 2015 and 2016 and on the days as described.

1. This contract covers the following: Contractor shall consult by phone with the COR and

Contract Inspector to cover contract requirements, safety and other topics prior to meeting with participants no later than 10 days prior to the beginning of the field trip each year.

2. Tuesday and Wednesday will consist of course sessions at the hotel, and will not include field trip outfitters until Wednesday at 4:30 p.m. On Wednesday from 4:30 to 5:30 p.m., the

Carhart representative and Contractors coordinate and meet with all trip participants to review field trip logistics, distribute gear, and view videos as appropriate. Viewing of the videos will not be required if the contractor has already viewed the videos.

3. Contractors shall conduct the field trip Thursday through Saturday of the week of the course.

The Contractor shall be prepared to transport the attendees between 7:00 - 8:00 a.m. on

Thursday, from the hotel to the specific trailheads. The project will conclude between 3:00 and 4:00 p.m. on Saturday, when participants are dropped off at the Hotel, via Contractor-provided transportation. Contractors/guides are encouraged to participate in discussions throughout the field trip.

2. Contractor-provided transportation: Shuttle/bus/vehicle transportation of Government participants and participants’ personal field trip gear from the area hotel, to the field trip site and from the field trip site to the area hotel, shall be provided by the Contractor. Contractors may sub-contract transportation for participants but must meet transportation requirements. All vehicles must have working seatbelts unless the vehicle is a motorbus or school bust per Montana Code Annotated. The vendor must notify the Carhart Center of the type of transportation being provided for participants 2 weeks in advance of the trip. Vehicles will be inspected by Carhart Center representative the morning of the trip. Vehicles that do not meet safety requirements will be replaced immediately through local rental or equivalent at the contractor’s expense.

3. Contractor may suggest trip locations based on the following trip types/descriptions. The Carhart

Center will make the final location decision for each trip, each year. The trip location is subject to change due to weather conditions, etc.

Trip locations must be within a 3 hour drive from the location where the course is held.

Contractor Work Requirements

Contractor-provided Equipment for Horseback Trips:

1. One (1) horse for each participant.

2. One (1) sleeping bag and one (1) sleeping pad per participant.

3. One (1) tent per two (2) participants (unless prior arrangements are needed to accommodate special situations and are discussed with Carhart Center.)

4. Cookware, cook stoves, utensils, plate/bowl, coffee mug, water purification system other than iodine tablets, etc. to accommodate each group.

5. Pack animals sufficient to carry all personal gear, outfitter-supplied equipment, and food.

This includes any pre-setup of the camps.

6. Saddle bags or horn bags for each participant.

7. One (1) vehicle or more, for each field trip, suitable for use on access roads, to transport participants, personal gear and equipment to trailhead from the area hotel; and return. Seat belts are to be provided and used unless the vehicle is a motorbus or school bus per Montana Annotated Code. This is applicable if federal law requires seat belt use, or if in a large van, bus, etc. where the federal transportation safety board has determined seat belts aren’t required. Whatever the transportation requirements are in Montana.

8. One (1) tarp or other temporary shelter of suitable size to accommodate entire field trip group in the event of inclement weather.

Contractor-provided Equipment for Backpacking Trips:

1. One (1) backpack per participant.

2. One (1) sleeping bag and one (1) sleeping pad per participant.

3. One (1) tent per two (2) participants (unless prior arrangements are needed to accommodate special situations and are discussed with Carhart Center.)

4. Cookware, cook stoves, utensils, plate/bowl, coffee mug, water purification system other than iodine tablets, etc. to accommodate each group.

5. One (1) vehicle or more, for each field trip, suitable for use on access roads, to transport participants, personal gear and equipment to trailhead from the area hotel, and return. Seat belts are to be provided and used unless the vehicle is a motorbus or school bus per Montana Annotated Code.

6. One (1) tarp or other temporary shelter of suitable size to accommodate entire field trip group in the event of inclement weather.

Contractor-provided Equipment for Drop Camp Trips:

1. One (1) sleeping bag and one (1) sleeping pad per participant.

2. One (1) tent per two (2) participants (unless prior arrangements are needed to accommodate special situations and are discussed with Carhart Center.)

3. Cookware, cook stoves, utensils, plate/bowl, coffee mug, water purification system other than iodine tablets, etc. enough to accommodate each group.

4. One (1) vehicle or more, for each field trip, suitable for use on access roads, to transport participants, personal gear and equipment to trailhead from the area hotel, and return. Seat belts are to be provided and used unless the vehicle is a motorbus or school bus per Montana Annotated Code.

5. One (1) tarp or other temporary shelter of suitable size to accommodate entire field trip group in the event of inclement weather.

6. Pack animals sufficient to transport personal gear, group equipment and food from the trailhead to and from the campsite. Pack animals do not remain at campsite overnight. This includes any pre-setup of the camps.

Contractor-provided Equipment for Llama Trips:

1. One (1) sleeping bag and one (1) sleeping pad per participant.

2. One (1) tent per two (2) participants (unless prior arrangements are needed to accommodate special situations and are discussed with Carhart Center.)

3. Cookware, cook stoves, utensils, plate/bowl, coffee mug, water purification system other than iodine tablets, etc. to accommodate each group.

4. Llamas sufficient to transport personal gear, outfitter-supplied equipment, and food from the trailhead to and from the campsite. Only Llamas will be used to haul equipment for any pre-setup of the camps.

5. One (1) vehicle or more, for each field trip, suitable for use on access roads, to transport participants, personal gear and equipment to trailhead from the area hotel, and return. Seat belts are to be provided and used unless the vehicle is a motorbus or school bus per Montana Annotated Code.

6. One (1) tarp or other temporary shelter of suitable size to accommodate entire field trip group in the event of inclement weather.

Contractor-provided Equipment for Float Trips:

1. One (1) sleeping bag and one (1) sleeping pad per participant.

2. One (1) tent per two (2) participants (unless prior arrangements are needed to accommodate special situations and are discussed with Carhart Center.)

3. Cookware, cook stoves, utensils, plate/bowl, coffee mug, water purification system other than iodine tablets, etc. to accommodate each group.

4. Watercraft, dry bags, and guides sufficient to transport personal gear, outfitter-supplied equipment, and participants safely on the river.

5. One (1) properly fitted, Type III, USCG-approved personal floatation device per participant.

6. One (1) vehicle or more, for each field trip, suitable for use on access roads, to transport participants, personal gear and equipment from the area hotel to the boat launch; and from the pick-up/take out area back to the hotel. Seat belts are to be provided and used unless the vehicle is a motorbus or school bus per Montana Annotated Code.

7. One (1) tarp or other temporary shelter of suitable size to accommodate entire field trip group in the event of inclement weather.

Contractor-provided meals for each participant.

Date Meals Provided by Contractor

Thursday Dinner Friday Breakfast, Lunch and Dinner Saturday Breakfast, Lunch

All meals shall be sufficient in quantity and quality to be acceptable to the eating habits of the general population engaged in active outdoor pursuits (higher calorie menus may be appropriate). The Government will notify the Contractor a minimum of 4 weeks prior to start work of any special dietary needs of field trip participants. The menu shall be provided to the Government a minimum of 2 weeks prior to start of work for approval by the COR. Meals may include vegan and gluten-free menus, as well as other special dietary needs as specified by the needs of participants.

Contractors for backpacking trips are expected to supply food that has been re-packaged into low-weight containers and has been properly portioned for the number of participants.

Contractors for all trips are expected to supply food that is appropriate for use in bear country and to provide food storage equipment and use practices that comply with agency visitor regulations relevant to the area. See attached Forest Service Food Orders for regulations on forest service land.

Descriptions of Difficulty

EASIEST

3-6 trail miles and/or under 200 feet elevation gain per mile. Trail obstacles, if present, do not present a challenge to most hikers, and stream crossings are bridged or require only shallow fords. Participants carry little weight (day packs only). Horseback trips are most suitable for entry-level riders. Float trips present few, if any, water hazards, require little maneuvering, and have up to Class 1 rapids.

MORE DIFFICULT

4-8 trail miles and/or 200-400 feet elevation gain per mile. Trail obstacles may present minor challenges to hikers, and stream crossings may be bridged or may require shallow swiftwater or deeper flatwater fords. Participants carry little weight (day packs only). Horseback trips are suitable for entry or intermediate-level riders. Float trips present a few water hazards, require some maneuvering, and have up to Class 2 rapids.

MOST DIFFICULT

6-12 trail miles and/or over 400 feet elevation gain per mile. Trail obstacles may present minor challenges to hikers, and stream crossings may be bridged or may require shallow swiftwater or deeper flatwater fords. Participants on foot carry overnight backpacks (at least 30 lbs).

Participants on horseback carry little weight (day packs only). Horseback trips are most suitable for intermediate-level riders. Float trips may present numerous water hazards, require frequent maneuvering, and have up to Class 3 rapids.

Field Trip Descriptions

All trips must begin at trailheads and/or boat launches (put-in and take-out) located within a 3 hour drive from the designated course location and be feasible given typical weather and ground conditions during the last week of June. All trips must be conducted on Federal land in either designated or proposed wilderness.

Contractor will conduct from 1 to 5 field trips; each trip will be a 3-day, 2-night trip for 12 people (10 participants, 1 Carhart representative, and 1 Contractor guide). NOTE: An additional Contractor guide is required for float trips, for a total of 13 people. Any additional guides needed to transport float equipment is at the discretion of the contractor. The trips will run concurrently and begin on Thursday morning, leaving from the location hotel, between 7:00 - 8:00 a.m. and returning to the location hotel, on Saturday between 3:00 - 4:00 p.m.

Horse Packing in wilderness or proposed wilderness area.

A total of 1-3 horse trips may be offered, though not necessarily by the same Contractor.

The exact routes to be determined at a later date. Participants ride horses on established trails to a temporary or established camp carrying light day packs or using saddle bags. Most clothing, gear, and food are packed in by horses or mules. Accommodations are backpack type or wall tents. Day ride/hike opportunities may be offered to view wilderness stewardship issues.

Trip #1: Difficulty: Easiest

Trip #2: Difficulty: Easiest to More Difficult, Depending on Selected Route

Trip #3: Difficulty: Most Difficult

Backpacking in wilderness or proposed wilderness area. One trip may be offered. The exact routes to be determined at a later date. Participants hike to a temporary camp carrying heavy overnight pack provided by the contractor sufficient for carrying clothing, personal items, gear, and food. Accommodations are backpack tents. Day hike opportunities may be offered to view wilderness stewardship issues.

Difficulty: Most Difficult

Drop Camp in wilderness or proposed wilderness area. One trip may be offered. The exact route to be determined at a later date. Participants hike to a temporary camp carrying light day packs provided by participants. Most clothing, gear, and food are packed in by horses or mules. Stock does not remain on-site during the trip. Accommodations are backpack tents. Day hike opportunities may be offered to view wilderness stewardship issues.

Difficulty: Easiest

Llama Packing in wilderness or proposed wilderness area. One trip may be offered. The exact route will be determined. Participants hike to a temporary camp carrying light day packs provided by participants. Most clothing, gear, and food are packed in by llamas in dry storage bags/packs provide by outfitter. Stock remains on-site during the trip. Accommodations are backpack tents. Day hike

Floating in wilderness or proposed wilderness area. One trip may be offered. The exact route will be determined at a later date. Participants float a river or lake in rafts, canoes, or kayaks (as appropriate to the selected route) to a temporary camp(s). All clothing, gear, and food are carried in dry bags provided by the outfitter by watercraft. Accommodations are backpack tents. Day hike or day float

Difficulty: Easiest to Most Difficult, Depending on Selected Route

Requirements for Contractors

Requirements for all Contractors:

1. Each Contractor shall provide a minimum of one (1) Guide per trip. Each Contractor shall provide a minimum of two (2) Guides on float trips. Guides on float trips must have completed nationally recognized training for watercraft operation and safety appropriate to the type of the watercraft being used and the type of water on which the trip takes place.

2. Each Guide shall be trained, knowledgeable and experienced in “Leave No Trace” principles for camping and traveling safely in northern Rocky Mountains environments. All practices performed by the Guides during the field trip will be in conformance with these principles. Each Guide shall be capable of instruction of the aforementioned principles. Instruction by contract Guide shall be at the discretion of the accompanying Carhart Center Representative.

3. At least one guide per trip shall have the ability to engage with agency managers at all levels on relevant topics and have the ability to communicate orally and discuss a wide range of wilderness issues. This requirement includes current membership in professional outfitter organizations or equivalent.

4. Each Guide shall carry a first aid kit appropriate for the size of the group and be knowledgeable in providing the group with basic medical attention in an emergency. Each Guide shall, at a minimum, be currently certified in CPR and Standard First Aid as appropriate for a wilderness situation and shall provide evidence of this certification at time of award. For float trips, guides need to be certified

5. All guides shall be equipped with two-way satellite communication devices that can be used in the event of an emergency. (Spot devices are not two-way and therefore are not acceptable.)

6. The Carhart Representative shall retain control of the group activities, relying on the Guide for input and expertise, unless otherwise determined by the Contracting Officer.

7. In the event of an emergency, the Guide shall render assistance and provide care to the extent of their training and abilities. Final determinations regarding care and evacuation of injured participants shall be made by the Carhart Center Representative. In the event the Carhart Center Representative is incapacitated, the Guide/contractor shall make final determination regarding care and evacuation.

8. Contractors and their Guides shall comply with all federal and state agency visitor use regulations for the area of operation.

9. Weapons. Firearms, if deemed necessary, will be carried out of sight and per Montana law.

10. Gratuity. The Contractor will not solicit gratuities.

Llama, Horseback, Drop Camp Trip Contractors Only:

11. Contractors shall insure that trails leading to planned camping areas are cleared and useable prior to the field trip. If the trails are not clear, the contractor shall coordinate with the office having administrative responsibility for the area to determine if the unit or the Contractor will clear the trails. If it is agreed that the Contractor will clear the trails, the Contractor shall follow all unit regulations and requirements and shall provide written approval for such work to the Carhart Center representative.

12. Contractor is a current Forest Service Outfitter and Guide permit holder (or equivalent from another Federal agency) in good standing. Contractor will provide the COR with a copy of contractor’s valid permit and a statement that they are in good standing with no complaints.

Technical Qualifications:

Provide documentation on ability to provide the following required services including:

• Guides, equipment, food, stock, transportation

• First Aid and CPR certification

• Leave No Trace qualifications, skills, and experience

• Safety practices and record

• Emergency communications

• Basic Water First Responder for guides on lake floats or Swiftwater Rescue 1 for guides on float trips.

2) Knowledge and involvement with wilderness stewardship issues.

Demonstrated by providing information that verifies the following for each Guide per trip:

• Membership in professional outfitter organizations

• Past or current leadership role in professional organizations

• Ability to communicate orally and discuss a wide range of wilderness issues

3) Other qualifications, references and recommendations

Demonstrated by:

• Local agency manager recommendation, if appropriate

• Knowledge of local/proposed trip area

• State licensed guide or outfitter for State of operation

• Valid federal outfitter/guide permit in good standing (see above)

Government-provided Supplies

1. Water bottle suitable for use with most field use water filters.

2. Sack or box lunches for all participants and Carhart Center Representatives on Thursday, the first day of the field trip.

Liability Waivers or Release Forms

The use of waiver of liability or release forms is not allowed under this contract.

Acknowledgement of Risk Forms

A form documenting participant acknowledgement of risks inherent to field trip activities may be used by the Contractor. The Contractor may use either the generic form provided by the Government or submit their own form to the Government for approval not later than 45 days before the beginning of the training course.

Government Contracts

For technical questions, please contact Elaine Poser at the Arthur Carhart Wilderness Training Center, 32 Campus Drive, Missoula, Montana 59812-3168, and her telephone number is (406) 243-4644.

For contracting questions, please contact Tami L. Mitchell 406.329.1009 or 406.370.3245 at the Western Montana Acquisition Zone, 24 Fort Missoula Road, Missoula, Montana 59804.

Invoicing

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform

(IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic

Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions - Commercial Items (JUL 2013)

(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 (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 – System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the 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; 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, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the

SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

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

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

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the

Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

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

(u) Unauthorized Obligations.

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

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

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

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

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

FAR 52.204-13 System for Award Management Maintenance (JUL 2013)

(a) Definitions. As used in this clause—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for

Federal contractors.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a

4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional

SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart

32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding

Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of

Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the

Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR

Subpart 4.14; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

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

(c) (1) (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 subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible

Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart

32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the

Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will…