AG-05G2-S-13-0034.pdf

AG-05G2-S-13-0034

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

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

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

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 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)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

08/08/2013 645756

1 2

1835 BLACK LAKE BLVD SW STE A

ATTN DAN JOHNSON 360 956 2474

FAX 360 956 2277

OLYMPIC NATIONAL FOREST

OLYMPIA WA 98512-5623

02/28/2014

USDA FS PNW RESEARCH STATION

PORTLAND FORESTRY SCIENCES LAB

PO BOX 3890

ATTN SARAH JOVAN 503 808 2070

PORTLAND

OR 97205-3890

360 956-2474DAN JOHNSON

08/23/2013 1630 PD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

QUANTITATIVE ANALYSIS OF UP TO 338 LICHEN AND

MOSS SAMPLES FOR POLYCYCLIC AROMATIC HYDROCARBONS

(PAH)

001 REQNR: Lab analysis of PAH concentrations in lichen samples.

Product/Service Code: B504 Product/Service Description: SPECIAL

STUDIES/ANALYSIS- CHEMICAL/BIOLOGICAL

FOB: Destination

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

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

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

PNW Research Station, Portland Forestry Sciences Laboratory Sol. No. AG-05G2-S-13-0034 PAH Quantitative Analysis, (338) Moss and Lichen Samples Page 1 of 33

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Quantitative Analysis of up to (338) Moss and Lichen Samples for (18) Polycyclic Aromatic

Hydrocarbons (PAH)

USDA Forest Service Pacific Northwest Research Station, Portland Forestry Sciences Laboratory, Portland, Oregon

Quoter must quote on all items. Offers for less than the total item will not be considered.

If Quoter does not intend to charge for a Schedule Item, a price of "0.00" or "NO COST" must be shown. If the price is left blank or shown as "No Quote", the entire Quote will be considered Non- Responsive.

B.1 Quantitative Analysis of up to (338) Moss and Lichen Samples for (18) Polycyclic Aromatic Hydrocarbons (PAH).

Item No.

Description Pay Unit Estimated Quantity

Unit Price Amount

Analysis of up to (338) Samples

EA

Total Amount

NOTE-1: The Government intends to make one award as the result of responses received to this solicitation to the responsible offeror whose offer, conforming to the solicitation, is, in the opinion of the Government, most advantageous to the Government, price and non-price factors considered. See Section M., Evaluation Section, for evaluation factors and process.

NOTE-2: References, instructions, website link information in this solicitation for CCR Registration and certifying at ORCA have been overcome by a new, integrated process at the following website, https://www.sam.gov/sam/. CCR and ORCA registrations are now accomplished through the ‘System for Award Management’ (SAM) web application. Dun and Bradstreet remains the source for acquiring a DUNS # (NO charge to new federal government contractors).

Due to potential delays in SAM registration, Quoters are encouraged in the strongest possible terms to initiate acquisition of a DUNS number and completed SAM profile as soon as possible.

NOTE-3: Quote Submittal Instructions are summarized in Section L., “Instructions…”, Item L-2.

NOTE-4: DUE DATE and TIME is FRIDAY, AUGUST 23, 2013, by 4:30 PM Pacific Daylight Time https://www.sam.gov/sam/

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SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract

The USDA-FS PNW Research Station, in fulfillment of its research function, requires quantitative analysis (presence and concentration) for (18) polycyclic aromatic hydrocarbons (PAHs) in a maximum of 338 moss and lichen samples to be collected in the Portland, Oregon locale in December 2013 and provided to the Awardee for analysis. The analysis work performed under the contract to be issued as a result of this solicitation will support on-going research activities.

The awarded Contractor shall perform and complete the required work in a professional manner, providing expert-level analytical proficiency to satisfactorily perform the Government’s work requirements.

The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the required work.

All work shall be performed at the Awardee’s location.

Results and basics of extraction methodology performed under this contract will be published by the Government in one or more peer-reviewed scientific publications.

C-2 Detailed Specifications – Work Requirement

The awarded Contractor shall complete analysis of Government-provided moss and lichen samples for the

(18) PAHs listed below. The Government will not specify the analytical method to be used: the Contractor shall have responsibility for selection of a correct method and its applicability to the samples provided by the Government. Respondents to this solicitation shall apply their expertise to the need to determine the best method of analysis. The Government is aware of success with Environmental Protection Agency (EPA) method 3545A that includes pressurized liquid extraction (PLE) but is not requiring that method be used.

As a performance specification, the Awardee will bear the responsibility to determine the best method for the samples described, demonstrate expert-level proficiency in its application to the sample type for this procurement, and complete the project to the Government’s satisfaction.

See Section M. Evaluation, for additional details. The analytical method presented in a Quoter’s technical proposal response, will not, in and of itself, be cause for non-award.

The Government may elect to require the Awardee to analyze up to (5) test/control samples provided by the Government to ensure that the Awardee’s method used is adequate to meet the requirement. If a test analysis is required, the Contracting Officer will negotiate a modification to the awarded contract.

Required minimum detection limits (MDL) are provided in Table 1. Samples for analysis will typically range from (1) to (4) grams (g).

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Table-1 PAH List, Minimum Detection Limits for a samples of lichen and moss.

Compound

Minimum Detection Limit Required

(μg/Kg; parts per billion) 1-Methylnaphthalene 0.05 2-Methylnaphthalene 0.05 Acenaphthene 0.05 Acenaphthylene 0.05 Anthracene 0.05 Benz(a)anthracene 0.05 Benzo(a)pyrene 0.05 Benzo(b)fluoranthene 0.05 Benzo(g,h,i)perylene 0.05 Benzo(k)fluoranthene 0.05 Chrysene 0.05 Dibenz(a,h)anthracene 0.05 Fluoranthene 0.05 Fluorene 0.05 Indeno(1,2,3-cd)pyrene 0.05 Naphthalene 0.05 Phenanthrene 0.05 Pyrene 0.05

C-3 Quality Control

The awarded Contractor shall provide all Quality Control (QA/QC) at no additional cost to the Government with the exception of duplicate samples, i.e. Government-provided multiple tissue samples from the same location/source to assess sampling repeatability.

The Government will negotiate any deviation from the QA/QC specifications below with the apparent successful Offeror prior to contract award:

a) Spikes of PAH surrogates shall be used on every sample to assess recovery rates;

b) Duplicate+spikes of PAHs shall be used on every 10th to 20th sample unless the Government cannot provide large enough samples (10g or larger);

c) Tissue samples shall be split, spiked, and results reported;

d) Blanks shall be analyzed with each batch of samples to assess instrument sensitivity and performance.

C-4 Contract Products – Deliverables

a) Concentrations of the 18 listed PAHs shall be reported for each sample after, PAH Quantitative Analysis, (338) Moss and Lichen Samples Page 4 of 33

i. adjusting for moisture content and,

ii. adjusting for lipid content;

b) Percent moisture, percent lipid, and sample weight shall be reported for each sample;

c) QA/QC results and any flags shall be provided;

d) The lab manager shall be available to discuss extraction and QA/QC results with project leads;

e) Results shall be reported in a format that can be easily utilized in Microsoft Excel;

f) Results shall be reported within 30 days of receiving samples unless otherwise negotiated with the

Contracting Officer.

C-5 Submittals with Quotation

In addition to completing the Schedule of Items, Quoters shall provide to the Government:

a) A technical proposal including:

i. Detailed description of analytical methodology to be used, with a brief justification narrative;

ii. Details of the Quoter’s Quality Control (QA/QC) plan. The QA/QC plan shall be comparable with plans from analytical testing laboratories performing similar analysis work for regulatory purposes;

b) The Offeror’s Minimum Detection Limit (MDL) in a soil or foliar sample matrix for each of the

(18) PAH compounds;

c) The Offeror’s expected Practical Quantification Limit (PQL) in a moss sample matrix for each of the (18) PAH compounds;

d) Three to 5 references for similar PAH analysis work performed on similar samples over the last three years. Work must have been performed on plant tissue at a minimum; analysis on mosses and bryophytes will be more highly valued by the Government.

e) Response-required sections / items found elsewhere in the solicitation. See Section K, Representations and Certifications and Section L, Instructions to Offerors for additional information.

SECTION D--PACKAGING AND MARKING

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

PAH Quantitative Analysis, (338) Moss and Lichen Samples Page 5 of 33

SECTION E--INSPECTION AND ACCEPTANCE

E-1. FAR 52.246-1 Contractor Inspection Requirements (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

E-2. 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.

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E-3. Contractor Quality Control Plan

A. Quality Control Plan. Respondents are required to provide a Quality Control Plan (QCP) in response to this solicitation. See C-3, Quality Control. The Plan must demonstrate how the Respondent will assure that quality of performance will meet the objectives and requirements of the contract. The QCP shall specify:

1. How quality will be monitored to assure performance standards are met.

2. How the work will be supervised.

3. How results of the monitoring will result in quality performance.

4. Identify the personnel responsible for performing quality control.

B. Contractor Quality Control Inspection. The awarded Contractor shall assure themselves that performance meets contract specifications, in accordance with clause FAR 52.246-1 and 246-4 (see above), prior to requesting the Government to inspect for payment or acceptance. Upon completion of portions of the project agreed to with the Government’s Technical Representative, the Contractor shall present reports from completed work for inspection.

E-4. Government Quality Assurance Inspection and Acceptance Requirements

A. Government Quality Assurance Inspection. The Government will inspect reports of completed work to assure itself of contract compliance for purposes of accepting completed work for payment. The Contractor is responsible for performing quality control and monitoring results for quality performance of contract objectives.

B. Acceptance. Acceptance of the work under the contract will be made after steps in (a) above have been taken and the Contracting Officer has made the determination of satisfactory compliance with the specifications. For acceptance purposes, portions of the project agreed to with the COR shall be satisfactorily completed before acceptance will be made. Acceptance will not be made for segments broken by unacceptable portions of work.

C. Rework and Reinspection after Rework. When inspections indicates that the performance objectives were not met, the work will be deemed unsatisfactory and payment will not be made until the Contractor has assured the Government that its Quality Control measures have corrected the deficiencies.

Inspections after rework will be made in the same or similar manner as the previous inspection.

SECTION F--DELIVERIES OR PERFORMANCE

F-1. FAR 52.242-15 Stop-Work Order (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause.

PAH Quantitative Analysis, (338) Moss and Lichen Samples Page 7 of 33

Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

F-2. AGAR 452.211-75 Effective Period of the Contract (FEB 1988)

The effective period of this contract is from [EFFECTIVE DATE OF ORDER (EDO)] through [EDO + 30 CALENDAR DAY, unless otherwise negotiated with the Contracting Officer.].

SECTION G--CONTRACT ADMINISTRATION DATA

G-1. FAR 452.215-73 Post-award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 calendar days after the date of contract award. The conference will be held at a mutually agreed-to location.

PAH Quantitative Analysis, (338) Moss and Lichen Samples Page 8 of 33

Alternatively, post-award conferences may be conducted by telephonic conference or by letter or a combination of both, if necessary.

Note: The Contractor-designated representative or foreman (whomever the Contractor will have serve as the project manager or principal investigator) shall be present at the prework conference.

G-2. Notice to Proceed

A Notice to Proceed will be issued in writing by the Contracting Officer at the post-award (pre-work) meeting. No work shall begin until receipt of this notice Contract time shall commence on the day indicated on the Notice to Proceed.

G-3. Measurement and Payment

Payment will be made for completed work, subject to inspection and acceptance by the Government’s Technical Representative. One final payment will be made at the completion of all work elements the project. If necessary a single partial payment may be authorized upon completion of 50% of the total work requirement where completion of that portion is documentable.

Payment(s) will be made following inspection and acceptance by the Government’s technical representative and submission of a proper invoice.

G-4. Definitions – Administrative Terms

A. Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

B. Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined a letter (form) of designation issued by the Contracting Officer.

C. Inspector - The person(s) appointed in writing by the COR to conduct and document inspections according to contract specifications and provisions. The inspector's authorities are strictly limited, not to exceed the authority to issue to the contractor a Notice of Noncompliance.

D. Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

E. Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

F. Work Order - An order written by the COR, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

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G. Notice of Noncompliance - A written notice from the CO or COR which documents, for the Contractor's attention, specific performance deficiencies.

H. Contract Item - A pay item designated on the bid schedule and described by a specification.

I. Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor's employees and employment practices.

J. Specifications - That portion of the contract comprising a description of the general and technical requirements for materials, products or services to be furnished under the contract.

G-5. Designation of Contracting Officer’s Representative (COR)

A. The Contracting Officer will designate an individual as the Contracting Officer's Representative (COR) at time of contract award.

B. The COR 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 COR 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 COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR 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 COR's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The COR 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.

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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.

The COR to be designated for this project will be identified at the pre-work meeting.

G-6. Public Officials Not Personally Liable

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

G-7. AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for

Corporate Applicants, Alternate I (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L.

No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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I-1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

Where this contract incorporates one or more clauses by reference, they retain 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

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2012) 52.222-3 Convict Labor. (JUN 2003) 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) 52.222-26 Equal Opportunity. (MAR 2007) 52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010) 52.222-50 Combating Trafficking in Persons. (FEB 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(JUL 2012)

52.223-6 Drug-Free Workplace. (MAY 2001) 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. (JUL 2002) 52.233-3 Protest after Award. (AUG 1996) 52.244-6 Subcontracts for Commercial Items. (DEC 2010)

I-2. FAR 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

I-3. FAR 52.232-1 Payments (APR 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

PAH Quantitative Analysis, (338) Moss and Lichen Samples Page 12 of 33 prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if -

(a) The amount due on the deliveries warrants it; or

(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

I-4. FAR 52.232-8 Discounts for Prompt Payment (FEB 2002)

(a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

(b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date.

When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

I-5. FAR 52.232-11 Extras (APR 1984)

Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the prices thereof have been authorized in writing by the Contracting Officer.

I-6. FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

I-7. FAR 52.243-1 Changes - Fixed-Price (AUG 1987)

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications.

(2) Method of shipment or packing.

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(3) Place of delivery.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

I-8. FAR 52.249-4 Termination for Convenience of the Government (Services) (Short Form)

(APR 1984)

The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Government shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.

I-9. FAR 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

(a)(1) The Government may, subject to paragraphs (c) and (d) of this clause, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to -

(i) Deliver the supplies or to perform the services within the time specified in this contract or any extension;

(ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) of this clause); or

(iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) of this clause).

(2) The Government's right to terminate this contract under subdivisions (a)(1)(ii) and (1)(iii) of this clause, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure.

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(b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.

(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity,

(3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor.

(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule.

(e) If this contract is terminated for default, the Government may require the Contractor to transfer title and deliver to the Government, as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as "manufacturing materials" in this clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the Government has an interest.

(f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders.

(g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government.

(h) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.

I-10. AGAR 452.237-75 Restrictions Against Disclosure (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in

PAH Quantitative Analysis, (338) Moss and Lichen Samples Page 15 of 33 source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer.

The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

The following attachments are made a part of this solicitation and any resultant contract.

Title Pages

1. Quoter Past Performance Questionnaire 2, at end

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K-1. FAR 52.204-8 Annual Representations and Certifications (JUN 2013)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [541380].

(2) The small business size standard is [$14 Million].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

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(b)(1) If the provision at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[] (i) Paragraph (d) applies.

[] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-

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Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements.

This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items;

or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to

PAH Quantitative Analysis, (338) Moss and Lichen Samples Page 18 of 33 solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.

(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to-

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

[] (i) 52.219-22, Small Disadvantaged Business Status.

[] (A) Basic.

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[] (B) Alternate I.

[] (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[] (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

[] (iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

[] (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[] (vi) 52.227-6, Royalty Information.

[] (A) Basic.

[] (B) Alternate I.

[] (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifying change by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause #[] Title[] Date[] Change[] Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

K-2. AGAR 452.209-70 Representations by Corporations Regarding Unpaid Delinquent Tax

Liability or a Felony Conviction (FEB 2012) Alternate I (FEB 2012)

(a) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

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(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Signature:____________________________________

Name (printed or typed): ____________________________________

Title:_________________________________________________

Company:______________________________________________

K-3. AGAR 452.219-70 Size Standard…