Solicitation AG-0489-S-10-0037.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

AG-0489-S-10-0037 11/20/09 342870 UNDER BDSA REG. 2 �

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

USDA Forest Service EROC-Northwest 16400 Champion Way Sandy, OR 97055

See Section F.2

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Jorge Somoza (425) 783-6053 a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5a.

This request does not commit the Government to pay any costs incurred in the preparation of the

December 04, 2009 submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f)

TAS::12 1102::TAS

RECOVERY-SKYKOMISH RANGER

DISTRICT TRAIL MAINTENANCE

MAIL QUOTE TO:

MT. BAKER SNOQUALMIE NF

DO NOT

ENTER

ENTER

ON THE

ATTN: ACQUISITION

2930 WETMORE AVENUE, STE 3A

PRICES HERE ATTACHED

SCHEDULE

EVERETT, WA 98201 or FAX to

(425) 783-0129

OF ITEMS

TECHNICAL CONTACT:

TOM DAVIS AT 360-677-2414

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT � NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

RECOVERY-SKYKOMISH RANGER DISTRICT TRAIL MAINTENANCE

SKYKOMISH RANGER DISTRICT

HENRY M. JACKSON WILDERNESS

PAY

ITEM

TRAIL NAME AND

WORK ITEM

TRAIL

NO.

QUANTITY

PAY

UNIT

UNIT

PRICE

TOTAL

981(01) Bald Eagle—Log Out 650 7.1 km $ $

982(02) Bald Eagle—Brushing 650 1.6 km $ $

Subtotal HENRY M. JACKSON WILDERNESS=$_______________

ALPINE LAKES WILDERNESS

TRAIL NAME AND

WORK ITEM

TRAIL

NO.

QUANTITY

PAY

UNIT

981(01) Tonga Ridge—Log Out 1058 2.6 km $ $

982(02) Tonga Ridge—Brushing 1058 2.6 km $ $

982(02) Necklace Valley—Brushing 1062 2.4 km $ $

982(02) West Fork Foss—Brushing 1064 2.9 km $ $

982(01) Pacific Crest—Brushing 2000 5.3 km $ $

Subtotal ALPINE LAKES WILDERNESS=$__________________

NON-WILDERNESS

TRAIL NAME AND

WORK ITEM

TRAIL

NO.

QUANTITY

PAY

UNIT

981(01)A Tonga Ridge—Log Out 1058 0.3 km $ $

982(02)A Tonga Ridge—Brushing 1058 0.3 km $ $

982(02)A

Deception Creek Cutoff— Brushing 1059A 0.6 km $ $

Subtotal NON-WILDERNESS=$_______________________

TOTAL PRICE (ALL SUBTOTALS)=$________________

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

Trail Maintenance: The purpose and intent of this contract is to secure services for brushing and/or log out of approximately 18 km of trails in Wilderness and non-Wilderness areas listed in the Project Schedule and as shown on the attached maps. Trails to be maintained are located on the Skykomish Ranger District of the Mt. Baker-Snoqualmie National Forest. See attached Detailed Trail Information Sheets and Project Area Maps for specific locations.

This project will maintain existing trails. Trails to be logged out and brushed are generally located in old growth forests, with logs to be removed ranging from 100 mm in diameter up to 1200 mm in diameter. The size, quantity, and difficulty of removal of logs vary from trail to trail. Brush varies by trail but typically includes huckleberry, salmonberry, small trees and branches, and herbaceous vegetation.

Technical specifications are contained in applicable sections in FOREST SERVICE STANDARD

SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF TRAILS, EM-7720-103,

September 1996. This book may be obtained at:

Superintendent of Documents Superintendent of Documents U.S. Government Printing Office or U.S. Government Printing Office Washington, DC 20402 Seattle, WA 98174

(206) 553-4270

These specifications are included by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resultant contract.

Standard Specifications and Special Project Specifications which are applicable to this contract are listed in the attached Specification List. The Special Project Specifications are physically attached.

Contractor shall notify the Contracting Officer’s Representative (COR) when leaving the project area for three or more days and within 24 hours after returning to the project area. Each week, unless otherwise approved, the Contractor shall report his location and progress of work in writing to the COR to permit timely inspection and acceptance of completed work by the Government.

This contract work would be completed during the summer of 2010 with work starting approximately June 15. Deadlines for individual trails are listed in the Detailed Trail Information Sheets with the last item to be completed by Sept. 15, 2010.

C.2 CONTRACTOR’S QUALITY ASSURANCE CONTROL PLAN

The contractor shall provide a quality control plan at the pre-work meeting. This plan shall describe the Contractor’s method for ensuring all work meets the statement of work.

The Contractor shall, within 5 days from receipt of a request from the CO, submit a time chart or schedule of proposed progress to ensure completion of the work within the time set forth in the contract. The maintenance schedule shall be approved in advance by the CO. If the Contractor's progress falls behind that scheduled the Contractor shall take such action as necessary to improve his progress; in addition the CO may require the Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

C.3 OBLIGATION OF THE CONTRACTOR

Contractor shall furnish all supplies, materials, tools, equipment, labor, supervision and transportation to do the required work. Each week, unless otherwise approved, the Contractor shall report his location and progress of work in writing to the Contracting Officer's Representative (COR) to permit timely inspection and acceptance of completed work by the Government.

The contractor shall provide a quality control plan at the pre-work meeting. This plan shall describe the Contractor’s method for ensuring all work meets the statement of work.

C.4 OBLIGATION OF THE GOVERNMENT

When required by the specifications or drawings, the locations of special work items will be staked on the ground by the government.

C.5 MEASUREMENT AND PAYMENT

a) All quantities are based on wheeled trail logs.

b) Refer to Standard Specifications 906 and 907 for details on measurement and payment.

C.6 SAFETY

The contractor shall provide the crew with proper safety equipment, which includes, but is not limited to: Hardhats, hearing protection, eye protection, gloves, chaps, nonskid boots, etc.

The Contractor and the Contractor’s employees shall adhere to all safety regulations and guidelines applicable to this type of work. It is the contractor’s responsibility to know what safety regulations and guidelines are applicable to this type of work.

The Contractor shall provide a written, job-specific safety plan for the inherently hazardous conditions that exist during operations. The Contractor’s safety plan shall identify and describe any inherently hazardous conditions and specific actions to reduce these hazards.

This plan shall be provided to the Contracting Officer at the pre-work conference. Work shall not commence on this project if the Contractor fails to provide a safety plan.

Inherently hazardous conditions that could lead to serious injury or loss of life are lacerations from saws, slips and trips from uneven terrain, hidden obstacles of slope of ground, driving and weather conditions. These are not inclusive.

C.7 PERFORMANCE REQUIREMENTS

a. Adhere to all Standard Specifications, Special Specification, and Drawings for the Maintenance of Trails.

b. Communicate with the CO and COR as to progress, location, and completion of items.

c. Adhere to all Contract Requirements listed herein.

d. Adhere to all requirements of Region 6 Fire Protection Requirements.

Summary of Performance Requirements

Performance Requirement Performance Standard Maximum Allowable

Degree of Deviation from Requirement (AQL)

Method of Surveillance Result or consequences of exceeding the AQL

Complete all trails listed in the SCHEDULE OF ITEMS and Attachment B to the technical standards and specifications in Attachments D.

100% of the work on each trail shall be completed in compliance with the technical specifications.

0%

Inspect 100% of the trails listed in SCHEDULE OF ITEMS. The contractor shall be notified promptly as to deficiencies in the work.

Reperformance of work required in the Standard Specifications and Special Specifications.

Communicate with the CO and COR as to progress, work location, and completion of items.

The contractor will provide the COR with a weekly update, as well as prompt notification when the contractor arrives and leaves the area.

Progress schedule and ongoing communication between the contractor and the COR.

Notice of Non- Compliance will be issued and contractor required to correct any deviations from the requirements.

Adhere to all contract requirements listed in Attachment C, Special Contract Requirements.

(Environmental and site specific requirements).

The contractor is responsible for adhering to all of the site specific environmental and area requirements outlined.

-Spot Check by CO, COR, or designated Inspector.

-Ongoing communication issued and contractor required to correct any

Adhere to all requirements of Region 6 Fire Protection Requirements, Attachment E.

The contractor is responsible for keeping current on specific fire conditions and restrictions for each area covered in this contract.

-Spot Check by CO, COR, or designated Inspector.

-Ongoing communication issued and contractor required to correct any

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

E.2 FAR 52.246-4 INSPECTION OF SERVICES-FIXED-PRICE (Aug 1996)

(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 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/

52.242-15 Stop Work Order (AUG 1989)

52.242.17 Government Delay of Work (APR 1984)

F.2 AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from June 15th 2010 through September 15th, 2010.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a future located after determination of contract award.

G.2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

A. The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award. The name will be on the purchase order or designated in a letter/form.

B. The Contracting Officer’s Representative is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

C. The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the Contracting Officer’s Representative provided they do not affect the delivery schedule or performance period stated in the contract.)

D. On all matters that pertain to the contract terms the Contractor must communicate with the

Contracting Officer. Whenever, in the opinion of the Contractor, the Contracting Officer’s Representative requests effort outside the scope of the contract, the Contractor should so advise the Contracting Officer’s Representative. If the Contracting Officer’s Representative persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

E. The Contracting Officer’s Representative's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The Contracting Officer’s Representative is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications

2. Take action to terminate the contract for default or Government convenience.

3. Make contract adjustments under the Differing Site Conditions clause.

4. Grant extensions of contract time.

5. Approve assignment of claims.

6. Make final decisions under the Disputes clause.

7. Make final acceptance under the contract.

8. Make final decisions under the Suspension of Work clause.

9. Make equitable adjustments.

10. Authorize change in amount of Payment Retention.

11. Approve subcontractors.

12. Approve payments with deductions or final payment.

13. Approve use and possession prior to completion.

14. Enforce the warranty provisions.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, written permission s hall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Camp sites and trailer parking areas used by any employee working on the project for the contractor shall be kept neat and clean. There shall be no improvements made to the site.

(c) Unless provided otherwise, the Contractor shall: (i) provide and maintain sanitation facilities for the workforce at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

H.2 LOCAL MATERIALS SOURCES

All borrow areas shall be approved in advance by the Contracting Officer and shall be so located and excavated as to be screened from the trail way.

H.3 LANDSCAPE PRESERVATION

(a) The Contractor shall confine operations to Project Area or other areas designated in contract documents and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products onsite, appropriate preventive measures shall be taken to ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual states.

Servicing of all equipment shall be done only in the area approved by the Contracting Officer.

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. The Contractor will be required to make reasonable attempts to preserve the scenic and natural environment along this construction project.

(c) Trash and Refuse - Contractor shall remove all of his own trash and refuse from the contract area. Material to be removed includes, but is not limited to; used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper, garbage, etc. This material must be removed to a State, County, or Municipality designated solid waste disposal area.

(d) Tree and Bark Damage: Trees used as anchors or spar poles for cable yarding of construction materials (ie: bridge beams, barrier logs) shall be protected from bark damage and girdling.

Chokers (nylon web, chains, or cable) shall be shimmed and will not have direct contact with live bark.

H.4 USE OF MOTORIZED EQUIPMENT

The use of motorized trail equipment, including power tools, will be permitted as shown below.

Motorcycles, All Terrain Vehicles or motorized trail bikes will not be permitted.

H.5 SEASONAL RESTRICTIONS AND CLOSURES:

EQUIPME

NT /

ACTIVITY

OPERATING SEASONS

Non-Wilderness Trails

OPERATING SEASONS

Wilderness Trails

Chain Saws NO RESTRICTIONS (except fire clauses) Not Allowed

Gasoline Brushers NO RESTRICTIONS (except fire clauses)

Not Allowed

Gasoline Rock Drills

Not allowed Not Allowed

Gasoline Wood Drills

Not allowed Not Allowed

Gasoline Generators Not allowed Not Allowed Power Wheelbarrow Not allowed Not Allowed Excavator Not allowed Not Allowed Bobcat (Small Loader)

Not allowed Not Allowed

Helicopters Not Allowed without prior approval by the CO and an approved PASP.

Not Allowed

Blasting 3/1-8/5: No Activity 8/6 – 10/1: Blasting is allowed only if Noise Mitigation Measures are followed.

10/1-3/1: No restrictions

3/1-8/5: No Activity 8/6 – 10/1: Blasting activities are allowed only if Noise Mitigation Measures are followed.

10/1-3/1: No restrictions

These restrictions are based on habitat needs of Threatened and Endangered species such as the Northern Spotted Owl, Marbled Murrelets, Grizzly Bears, and others. Wildlife restrictions are site specific and may vary from trail to trail depending on the habitat in the vicinity of the trail.

H.6 USE OF PACK AND SADDLE ANIMALS

The use of pack and saddle animals is not allowed due poor trail conditions.

Before final acceptance, all areas occupied by the contractor in connection with the work shall be cleaned of all Contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

H.7 RESPONSIBILITY FOR BLASTING

A blasting plan will be submitted to the Contracting Officer at least 7 days in advance of blasting. No blasting will occur until the plan has been approved.

(a) Trail construction and maintenance personnel responsible for blasting are required to comply with all Washington State Regulations and Federal BATF Regulations regarding certification, purchasing of explosives, storage, and use. All blasting operations shall be conducted under the direct supervision of a qualified blaster possessing a valid Washington State User's (blasters) License and Federal BATF Permit. An approved and certified storage magazine will be required.

A Commercial Driver's License with explosives endorsement and proper documentation is required for transportation.

(b) Prior to the firing of each blast, watchmen shall be posted a minimum 750 feet airline distance on trail or road locations that are within the blast area. All traffic will be stopped a minimum of 750 airline feet from the blast area.

(c) The Blaster and other personnel shall be a minimum of 500 airline feet from the blast area.

(d) The contractor shall provide warning signs that conform to the Manual of Uniform Traffic Control Devises for Streets and Highways when blasting operations are conducted or are within 1000 feet of a road or trail.

(e) Blasting machines will be either Capacitor Discharge or Generator Blasting machines for all electric detonators. Non-Electric detonating devices will be used for all Non-Electric detonators.

Cap and Fuse will not be allowed.

(f) Explosives used for tree top blasting will be either water gels or emulsions.

(g) Each loaded hole shall be marked with red ribbon. These shall be checked following each blast. Following each individual blast, ribbons, and lead wire shall be collected. If a misfire is found, the blaster shall provide proper safeguards for excluding all persons from the danger zone.

No misfires of loaded holes shall be left unattended.

(h) All heavy rock construction areas, requiring the use of explosives, shall be scaled on and around the blast surface following each blast.

(i) Blasting will only be permitted during the daylight hours and will cease by 6:00pm daily.

Blasting activity will be prohibited from 12:00 am (noon) Friday until 12:00 am (noon) Monday and on legal holidays.

(j) Blasting within military training flight zones requires a 72 hour notice to the COR. Air Space closure needs to be obtained prior to the blast. Specify the location and time of the blasting.

(k) No blasting will occur on weekends or holidays.

ADDITIONAL BLASTING REQUIREMENTS TO MITIGATE SOUNDS OF BLAST:

1. The contractor shall not use explosives between the period of two hours before sunset to two hours after sunrise.

2. The contractor shall not use surface shots.

3. The contractor shall not use detonator cord on the surface, or shall cover the cord with 6 inches of fill.

4. All shots shall be fired in pre-drilled or dug holes that are properly stemmed or back-filled.

Place sandbags over loaded holes, in conjunction with the air-gapping technique to increase stemming.

5. All holes shall be individually primed with electric blasting cap or NON-EL blasting cap. The contractor shall not use cap and fuse.

6. In multiple hole shots the contractor shall adhere to the following:

a. No two-holes side by side shall be fired simultaneously.

b. Blasting caps with milli-second delay shall be used.

c. At least 50 milli-seconds of delay shall be used between holes.

d. Calculate the weight of explosive per delay per distance using the following formula derived from the Office of Surface Mining surface coal mining protective regulations: W(weight) = D(distance)2/ 4000

7. The contractor shall not exceed a powder factor of one-half pound of explosives per cubic yard of solid rock. Do not exceed 1/4 pound per cubic yard of explosive when air gapping boulders.

For tree cutting, use W (weight of explosive) =.004 D2. For stump use one pound per foot diameter at ground level.

H.8 OTHER CONTRACTORS

Other Contractor(s) may be working adjacent to the project site. The Contractor shall fully cooperate with the other Contractor(s), including planning and notification of blasting activities.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 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/ www.usda.gov/procurement/policy/agar.html

52.204-9 Personal Identity Verification of Contractor Personnel (NOV 2006) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) (Applicable if contract exceeds $30,000)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.222-3 Convict Labor (JUN 2003) 52.222-11 Subcontracts (Labor Standards) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000) 52.222-41 Service Contract Act of 1965, as Amended (JUL 2005) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.232-1 Payments (APR 84) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR

1984) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988)

I.2 FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the 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 CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible 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.

(g)

(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 CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(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 (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(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.

(2) 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 FAR 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.

(h) 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.

I.3 FAR 52. 204-11 AMERICAN RECOVERY AND REINVESTMENT ACT—REPORTING REQUIREMENTS

(MAR 2009)

(a) Definitions. As used in this clause— “Contract”, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country.

Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

I.4 FAR 52.215.2 AUDIT AND RECORDS-NEGOTIATION ALTERNATIVE I (MAR 2009)

(a) As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor’s plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor’s records, including computations and projections, related to—

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General or Inspector General. (1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to—

(i) Examine any of the Contractor’s or any subcontractor’s records that pertain to and involve transactions relating to this contract or a subcontract hereunder; and

(ii) Interview any officer or employee regarding such transactions.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating—

(1) The effectiveness of the Contractor’s policies and procedures to produce data compatible with the objectives of these reports; and

(2) The data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition—

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g)(1) Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract. The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(2) The authority of the Inspector General under paragraph (d)(1)(ii) of this clause does not flow down to subcontracts.

(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

I.5 FAR 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (MAR 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

I.6 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and…