PROSPECT SOLICITATION_AMENDMENT_1.pdf

RECOVERY—Prospect WUI: Brushing, Thinning and Removal of Biomass

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

One (1) 22 Dec 2009

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6)

CODE

US Forest Service EROC Northwest 16400 Champion W ay Sandy, OR 97055

8. NAME AND ADDRESS OF CONTRACTOR (No. Street, county, State and ZIP: Code) ( ) 9A. AMENDMENT OF SOLICITATION NO.

AG-0489-S-10-0067

9B. DATED (SEE ITEM 11)

December 7, 2009

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning one (1) copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATA SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and data specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

( ) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in pay ing office, appropriation date, etc.) SET

FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER Specify type of modification and author ity)

E. IMPORTANT: Contractor is not, is required to sign this document and return ____ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The closing date/time for receipt of proposals is hereby being extended until:

December 29, 2009 @ 3:00 pm Pacific Time (PT)

Except at provided her ein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, rema ins unchanged and in full force and effect.

15A. NAME A ND TITLE OF SIGNE R (Type or print) 16A. NAME A ND TITLE OF CO NTRA CTING OFFICER (Type or print)

MONTY BELL

15B. CO NT RACTO R/OFFERO R 15C. DATE SIG NE D 16B. UNITE D STATES OF AM ERI CA 16C. DATE SIG NE D

(Signatur e of pers on authorized to sign)

BY _____________________________________________

(Signatur e of Contr acting Offic er)

12/22/2009

SOLICITATION/CONTRACT/ORDER AL ITEMS 1. REQUISITION NUM BER PAG E 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 307516 2

2. CONTRACT NO. 3. AW ARD/E FFECT IV E 4. ORDER NUMB ER 5. SOL ICIT ATION NUMB ER 6. SOL ICIATION ISSUE

DAT E

DAT E

12/7/2009

a. NA ME b. T ELE PHONE NUM BER(No co llect 8. OFF ER DUE DAT E/

7. FOR SOLIC ITA TION NICK JENKINS ca lls) 503-668-1719 LOCAL TIME

INFORMAT ION C ALL: 12/29/2009 1500 PT

9. ISSU ED B Y CODE 10. THIS ACQUIS ITON IS

US FOREST SERVICE

UNRESTRICTED OR SET ASIDE: 100 % FOR

EROC NORTHWEST

16400 CHAMPION WAY

SANDY OR 97055

SMALL BUSINESS EMERGING SMALL

BUSINESS

HUBZONE SMALL

NAICS: 115310 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $17.5M OWNED SMALL BUSINESS

11. DELIVER Y F OR FO B DE ST INAT ION

UNLESS BLOCK IS MARK ED

S EE SCHEDULE

12. DISCOUNT TER MS 13a. THIS CONTRACT IS A RAT ED

ORDER UNDER DPA S (15 CFR 700)

13b. RAT ING

14. M ETHOD OF SOL ICIT ATION

RFQ IFB RFP

15. DELIVER TO CODE

USDA FS ROGUE RIVER NATL FOREST

BUTTE FALLS RANGER DISTRICT

PO BOX 227

BUTTE FALLS, OR 97522-0227

16. ADM INISTER ED B Y CODE

US FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY OR 97055

17a. CONTRACTOR/ CODE FACIL ITY

OFF EROR COD E

18a. P AY MENT WILL BE M ADE BY CODE

TELE PHONE N0.

17b. CH ECK IF R EM ITT ANCE IS DIFF ERENT AND PUT SUCH ADDRES S IN 18b. SU BMIT IN VOIC ES TO ADDRES S SHOWN IN BLOCK 18a UNLE SS BLOCK B ELOW

OFFER IS CHECKED

SE E ADDENDUM

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

ITE M N0. SCHEDULE OF SU PPL IE S/SERV ICE S QUANTIT Y UNIT UNIT PRIC E AMOUNT

TAS::12 1118::TAS RECOVERY-PROSPECT WUI Hazardous Fuels Reduction.

This solicitation is issued under the provisions of the American Recovery and Reinvestment Act of 2009 (ARRA)

This solicitation is 100% HUBZONE Small Business Set-Aside

Delivery: 09/30/2009

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

25. ACCOUNTING AND AP PROPRIATION DAT A

26. TOT AL AWARD AMOUNT (For Govt. Use On ly)

27a. SOL ICIT ATION INCORPOR ATE S BY REF ERENCE FAR 52.212-1, 52 .212-4. F AR 52.212-3 AND 52.212-5 AR E ATT ACHED. ADDENDA ARE ARE NOT ATT ACHED

27b. CONTRACT/PURCHAS E ORDER INCORPORA TE S B Y R EFER ENCE FAR 52 .2124. F AR 52 .212 -5 IS A TTACHED . ADDENDA ARE ARE NOT ATT ACHED

28 . CONTRACTOR IS REQU IRED TO S IGN TH IS DOCUMENT AND RE TURN 1 (One) 29. AWARD OF CONTR ACT: R EF. O FFER

COP IE S TO ISSU ING OFF ICE . CONTRACTOR AGR EE S TO FURNISH AND

DELIVER ALL IT EM S S ET FORTH OR OTHERWISE ID ENTIF IED A BOV E AND ON ANY DAT ED .. YOUR O FFER ON SOL ICIT AT ION ADDIT IONAL SH EET S SUB JECT TO THE TERM S AND CONDITION S SP ECIF IED (BLOCK 5), INCLUDING AN Y ADD ITION S OR CHANG ES WHICH ARE

SET FORTH H EREIN , IS ACCE PTED A S TO ITEM S:

30a. S IGNATURE OF OFF EROR/CONTRACTOR 31a. UNITED ST AT ES OF AM ERICA (S IGNATURE OF CONTR ACTING OFFIC ER)

30b. NAM E AND T ITLE OF SIGNER (T ype or print) 30c. D ATE S IGNED 31b. NAM E O F CONTRACT ING OF FICER (Type or print)

MONTY BELL

31c. D ATE S IGNED

19.

ITEM NO.

20.

SCHEDUL E OF SU PPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PR ICE

24.

AMOUNT

1.0

RECOVERY- PROSPECT WUI Hazardous Fuels Reduction

BUTTE FALLS RANGER DISTRICT

Project Number WFM-0610-01HF

Product/Service Code: F009

Product/Service Description: OTHER NATURAL RESOURCES

Submit offers to arrive not later than the time and date prescribed to:

USDA Forest Service EROC-NW Contracting

ATTN: AG-0489-S-10-0067

16400 Champion Way

Sandy , OR 97055

Technical questions related to this project should be directed telephonically or via e-mail to the Contracting Offer’s

Representative:

Harold Leonardo 541-865-2771 hleonardo@fs.fed.us

Job

32a. QUANTIT Y IN C OLUMN 21 HAS B EEN

RECEIV ED INSPECT ED ACCEPTED, AN D CON FORM S TO TH E CONTRACT, EXCEPT AS N OTED:

32b. SIGNATURE OF AUTH ORIZED G OVERNM ENT

REPR ESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTH ORIZED GOV ERNM ENT

REPR ESENTATIVE

32e. MAILIN G ADDR ESS OF AUTHOR IZED GOV ERNMENT REPRESENTATIVE 32f. TELPH ON E NUMB ER OF A UTHOR ZED GOV ERNM ENT REPRESENTATIVE

32g. E-MA IL OF AUTHOR IZED GOVER NMENT REPR ESENTATIV E

33. SHIP NUMB ER 34. VOUCHER NUMBER 35. AMOU NT VERIFIED

CORRECTFOR

36. PA YM ENT 37. CH ECK NUMBER

|PARTIAL | |F INAL

COMPL ETE PARTIAL FINAL

38. S/R ACCOU NT NUMBER 39. S/R VOUCHER NUMBER 40. PA ID B Y

41a. I CERTIFY TH IS ACCOUNT IS CORR ECT AND PR OPER

FOR PA YMENT

42a. R ECEIVED B Y (Pr int )

41 b. SIGNATURE A ND TITL E OF C ERTIFYING OFF ICER 41 c. DATE

42b. REC EIVED AT (Loc ation)

42c. DATE R ECD (YY/MM/DD) 42d. TOTAL CONTAIN ER S

STANDARD FORM 1449 (REV.3/2005) BACK

TABLE OF CONTENTS

DOCUMENT No. of

Pages

1. SF 30 & 1449 – MODIFICATION/SOLICITATION FOR COMMERCIAL ITEM 3

(Provided in the Solicitation Package-Section 9)

2. SCHEDULE OF ITEMS 1

3. FAR 52.-212-4 CONTRACT TERMS A ND CONDITIONS - 7

COMMERCIAL ITEMS

4. ADDENDUM TO FAR 52.212-4 SPECIAL CONTRACT CLAUSES 12

ARRA required FAR Clauses 52.203-15; 52.204-11; 52.215.2

5. FAR 52.215-5 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS 6

6. CONTRACT SPECIFICATIONS 24

Statement of Work/General Specif ications (Para 1 – 18) Inspection and Acceptance (Para 19 – 31)

Deliveries or Performance (Para 32 – 35) Contract Administration (Para 36 – 43)

Special Contract Requirements (Para 44 – 55)

7. ENCLOSURES 17

Department of Labor Wage Determination – Oregon Fire Protection and Suppression (R6-FS-6300-52)

Camping Permit Provisions for Labor Intensive Contracts

8. AREA MAPS 2

9. SOLICITATION PA CKAGE – (Provided as separate document 22 to be completed and returned)

1) SF 1449 – SOLICITATION FOR COMMERCIAL ITEM (blocks 30a, 30b & 30c)

2) Schedule of Items – Price Proposal (complete all blocks)

3) 52.212-1 Instructions to Offerors – Commercial Items (June 2008)

4) Addendum to 52.212-1 – Instructions to Offerors – Commercial Item

5) 52.212-3 Offeror Representation and Certif ications – Commercial Items (June 2008) w ith attachments

6) 52.212-2 Evaluation – Commercial Items (Jan 1999)

7) State and Federal Licensing Requirements

8) FEDERAL - MIGRANT AND SEASONAL AGRICULTURAL WORKER

PROTECTION ACT REGISTRATION

9) Contractor Past Performance Data Sheet(s)

10) Contractor Questionnaire(s)

2. SCHEDULE OF ITEMS

Solicitation No.

Project Name:

PROSPECT WUI: Brushing, Thinning and Biomass Removal

Location:

Rogue River-

Siskiyou NF

Contractor:

Issuing and Billing Office:

USDA Forest Service

EROC-NW

16400 Champion Way Sandy, OR 97055

Item No.

Sub-item

No.

Description

Qty

Unit

Unit

Price

Amount

1.0 PROSPECT WUI: Brushing, Thinning

and Biomass Removal

1.1 Brushing and Thinning 244 ac

1.2 Biomass Removal- include all costs

associated w ith the removal of thinning material off Forest Service land.

400 tn

SUB-TOTAL $

Required Delivery Date or Number of Calendar Days: All w ork shall be completed by 09/30/2010. Work is to begin NLT 10 days after Notice to Proceed is issued.

TOTAL PRICE

Contractor Name:

Address:

Signature of Authorized Representative: Date:

TIN: DUNS:

3. CONTRACT TERMS AND CONDITIONS

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance w ill 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 f inancing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). How ever, when a third party makes payment (e.g., use of the Government w ide 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, w hich is incorporated herein by reference. The Contractor shall proceed diligently w ith performance of this contract, pending f inal 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, f ires, f loods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

(vii) Name and address of off icial to w hom payment is to be sent;

(viii) Name, tit le, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identif ication 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 elsew here 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 w ith the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than

Central Contractor Registration), or applicable agency procedures.

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

(2) Invoices will be handled in accordance w ith 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 off icers, 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 notif ied 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 w ill make payment in accordance w ith 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 w ith 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 w hich appears on the payment check or the specif ied payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aw are of a duplicate contract f inancing or invoice payment or that the Government has otherw ise overpaid on a contract f inancing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment off ice cited in the contract along w ith 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 w ithin 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 w hich the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at f ixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer w ill issue a f inal 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 w ithin 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specif ied 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 w as previously issued for the debt, the demand for payment included in the f inal decision shall identify the same due date as the original demand for payment.

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

(A) The date f ixed under this contract.

(B) The date of the f irst 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 w hich the designated off ice receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from w hich an amount otherw ise payable has been w ithheld as a credit against the contract debt; or

(C) The date on w hich an amount w ithheld and applied to the contract debt w ould otherw ise 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 specif ically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain w ith 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 specif ied 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 w ork 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 w ith 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 w ith any contract terms and conditions, or fails to provide the Government, upon request, w ith 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 specif ied elsew here 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 w arrants and implies that the items delivered hereunder are merchantable and f it 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 w ith all applicable Federal, State and local law s, 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 off icials 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 w histleblow er protections; Section 1553 of the

American Recovery and Reinvestment Act of 2009 relating to w histleblow er protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specif ication.

(t) Central Contractor Registration (CCR).

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

(2)

(i) If a Contractor has legally changed its business name, ―doing business as‖ name, or division name (w hichever 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 notif ication of its intention to:

(A) Change the name in the CCR database;

(B) Comply w ith the requirements of Subpart 42.12 of the FAR;

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

Contracting Officer. The Contractor must provide w ith the notif ication suff icient documentation to support the legally changed name.

(ii) If the Contractor fails to comply w ith the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that show s the Contractor to be other than the Contractor indicated in the contract w ill be considered to be incorrect information w ithin the meaning of the

―Suspension of Payment‖ paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see 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 w ill be considered to be incorrect information w ithin the meaning of the ―Suspension of payment‖ paragraph of the EFT clause of this contract.

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

961-5757.

(End of Clause) http://www.ccr.gov/

4. ADDENDUM TO FAR 52.212-4 ADDITIONAL CLAUSES

A. The follow ing additional clauses are incorporated and provided herewith:

52.222-54 Employment Eligibility Verification. (Jan 2009)

(a) Definitions. As used in this clause—

―Commercially available off -the-shelf (COTS) item‖—

(1) Means any item of supply that is—

(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, w ithout modif ication, in the same form in w hich it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46

U.S.C. App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1

(c)(2), ―bulk cargo‖ means cargo that is loaded and carried in bulk onboard ship w ithout mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

―Employee assigned to the contract‖ means an employee w ho was hired after November 6, 1986, w ho is directly performing w ork, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing w ork under a contract if the employee—

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

―Subcontract‖ means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modif ications to purchase orders.

―Subcontractor‖ means any supplier, distributor, vendor, or f irm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

―United States‖, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of

Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract aw ard, the Contractor shall—

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program w ithin 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verif ication of employment eligibility of all new hires of the Contractor, w ho are working in the United States, w hether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verif ication w ithin 90 calendar days after date of enrollment or w ithin 30 http://www.arnet.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/ http://uscode.house.gov/ http://www.arnet.gov/far/current/html/Subpart%2022_18.html#wp1089948 http://www.arnet.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/ calendar days of the employee‘s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract aw ard, the Contractor shall use E-Verify to initiate verif ication of employment eligibility of—

(i) All new employees.

(A) Enrolled 90 calendar days or more. The Contractor shall initiate verif ication of all new hires of the Contractor, who are working in the United States, w hether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a

Federal Contractor in E-Verify, the Contractor shall initiate verif ication of all new hires of the

Contractor, w ho are working in the United States, w hether or not assigned to the contract, within

3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the

Contractor shall initiate verif ication w ithin 90 calendar days after date of contract award or w ithin

30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a));

a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into w ith a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verif ication requirements at (b)(1) or (b)(2) respectively, except that any requirement for verif ication of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees . The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verif ication for each existing employee working in the United States w ho was hired after November 6, 1986, w ithin 180 calendar days of—

(i) Enrollment in the E-Verify program; or

(ii) Notif ication to E-Verify Operations of the Contractor‘s decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding

(MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU.

(i) The Department of Homeland Security (DHS) or the Social Security Administration

(SSA) may terminate the Contractor‘s MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment off icial.

(ii) During the period betw een termination of the MOU and a decision by the suspension or debarment off icial w hether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment off icial http://uscode.house.gov/ determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-

Verify.

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verif ication using E-Verify for any employee—

(1) Whose employment eligibility w as previously verif ied by the Contractor through the E-

Verify program;

(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National

Industrial Security Program Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common

Identif ication Standard for Federal Employees and Contractors.

(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modif ied for identif ication of the parties), in each subcontract that—

(1) Is for—

(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that w ould be a COTS item, but for minor modif ications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,000; and

(3) Includes work performed in the United States.

FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire undocumented w orkers. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verif ication Form, as the document to be used for employment eligibility verif ication (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certif ication portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, w hichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to w ork in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance w ith Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during http://www.dhs.gov/E-Verify http://www.dhs.gov/E-Verify http://www.dhs.gov/E-Verify contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalt ies prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS off ice.

FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural w orkers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and w ildland f ire f ighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis.

A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the w orker may continue to be employed during a major portion of the year.

Migrant w orkers are required to be absent overnight from their permanent place of residence.

Seasonal w orkers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal w orkers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual w ho, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural w orker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall f irst obtain a Certif icate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certif icate at all times w hile engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certif icate.

(d) Worker Protections. The contractor shall comply w ith the follow ing protections and standards related to w age disclosure, record keeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each w orker in a language common to the w orker the full terms of their employment, including w orkers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the follow ing payroll records for each employee:

name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

(iii) Payments must be made no less frequently than every two w eeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and w hich shall include the employer's tax identif ication number.

(iv) If paid on a piece rate basis, the employee's w age must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be register all vehicles used to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certif icate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor shall comply w ith safety standards applicable to that vehicle. Generally passenger vehicles or station wagons must comply w ith Department of Labor regulations at 29 CFR 500.104.

Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply w ith Department of Transportation Regulations referenced at 29

CFR 500.105. All drivers must have a current, valid State driver‘s license and must comply w ith Department of Transportation w ork/rest requirements.

(iii) Each vehicle under the ow nership or control of the contractor which is used to transport any migrant or seasonal agricultural w orker shall be covered by vehicle insurance in accordance w ith applicable state requirements.

(4) Housing

(i) The contractor shall house w orkers only in a commercial establishment or a facility that has been certif ied by a health authority or other appropriate agency. The contractor must post the certif icate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certif icate.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

Worker Housing

Supplement to 4G52.222-702 (d) (4) Add the follow ing to the clause at subparagraph (4)

Housing:

(iii) If the contractor is not furnishing w orker housing:

Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, w hich meets all applicable state and federal standards for employee housing.

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the Contractor must obtain a permit from the

District Ranger for the District on w hich the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

If the housing site is not located on a National Forest, the site must meet the applicable housing standards in MSPA.

If an exemption from the permit requirement is claimed, the contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption under that law , and identifying a USDOL employee or off icial w ho stated or concurred that the accommodations w ere exempt, citing name, date, and means of communication.

If the housing site is changed after approval by the Contracting Officer, the contractor must provide a new Permit or exemption statement. The above requirements are material condit ions of this contract. If the contractor fails to comply, the Government may terminate the contract. In addition, other remedies or penalties prescribed by law may apply

Field Sanitation

In accordance with US Department of Labor Fact Sheet No. ESA 97-28 ―Field Sanitation Standards‖ (Ref. 29CFR 1928.110), employers must provide:

► Potable drinking w ater, suitably cool and in suff icient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees.

► Facilit ies maintained in accordance with public health sanitation practices include upkeep of w ater quality through daily change or more often if necessary.

► Notif ication to each employee of the location of the water and allowance of reasonable opportunities during the w orkday to use them. The employer also must inform the employee of the relevant health hazards in the f ield and the practices necessary to minimize them.

Employees cannot be made to bear the costs incurred by the employer for providing required facilities.

FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration (DEC 1999)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer w ho hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notif ication of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing w orkers subject to MSPA.

On demand, the contractor shall display its MSPA registration or state why it is exempt from

MSPA.

Compliance w ith MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance w ith this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

AGAR 452.219-70 Size Standard and NAICS Code Information (SEP 2001)

The North American Industrial Classif ication System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below :

Contract line item(s): ALL ITEMS --NAICS Code: 115310

--Size Standard: $17.5 million

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

This contract incorporates one or more clauses by reference, w ith 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):

http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

FAR 52.236-7 Permits and Responsibilities (NOV 1991)

FAR 52.236-13 Accident Prevention (NOV 1991) AGAR 452.236-72 Use of Premises (NOV 1996)

AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

AGAR 452.236-77 Emergency Response (NOV 1996)

B. The follow ing clauses are required under the provisions of the American Recovery and Reinvestment Act of 2009 and incorporated herew ith.

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.

http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

(End of clause)

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 addit ion to bilateral instruments, contracts include (but are not limited to) aw ards 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 modif ications. 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 f illed, or previously existing unfilled positions that are f illed, 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 w orked 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 w orking half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing f illed 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…