SolicitationAG05M6S150001.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PAGE 1 OF

2. CONTRACT NO.

3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

RFQ AG-05M6-S-15-0001

6. SOLICITATION

ISSUE DATE

10/22/2014

7. FOR SOLICITATION

INFORMATION CALL�:

a. NAME Janet Hada, Contracting Officer

b. TELEPHONE NUMBER (No collect calls)

425-783-6052

8. OFFER DUE DATE/

LOCAL TIME

11/6/2014 @ 4:30pm

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE 100 % FOR

USDA Forest Service R6 Contracting North Mt. Baker-Snoqualmie National Forest 2930 Wetmore Avenue Ste 3A Everett, WA 98210

SMALL BUSINESS WOMAN –OWNED SMALL BUSINESS

(WOSB)

HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED

SMALL

BUSINESS PROGRAM

SERVICE DISABLE VETERAN- EDWOSB-

VETERAN-OWNED SMALL

BUSINESS 8(

NAICS Code 561730 Size Standard $7 million

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13A. THIS CONTRACT IS

RATED ORDER UNDER DPAS (15

CFR 700

13B. RATING

14. METHOD OF SOLICATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Block 9 17a. CONTRACTOR/ OFFERER

TELEPHONE NO. DUNS

FAX NO. TIN

E-Mail Address: ________________________

18a. PAYMENT WILL BE MADE BY

USDA, OCFO, COD, APB

PO Box 60075 New Orleans, LA 70160

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A

UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM

NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

GROUNDS MAINTENANCE, NORTH BEND COMPOUND,

SNOQUALMIE RANGER DISTRICT, BASE PLUS TWO

OPTION YEARS

INSERT PRICING ON PAGE 3

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. ARE ARE NOT

ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT

ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

ONE

COPY TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN

29. AWARD OF CONTRACT: REFERENCE RFQ AG-05GG_

OFFER DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN , IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (Rev. 2/2012)

Prescribed by GSA-FAR (48CFR 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

Enter Pricing on Page 3 Schedule of Items

Contractors need to submit all copies of the “Copy to Submit Packet”

Fax quote to (425) 783-0129

Email quote to: jhada@fs.fed.us

Mail quote to address in Block 9 Page 1 On your sealed envelope, please write RFQ AG-05M6-S-15-0001, due 10/29/2014 @ 4:30 pm.

Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an award is made.

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECTFOR

36. PAYMENT

COMPLETE PARTIAL

FINAL

37. CHECK NUMBER

PARTIAL

FINAL

38. S/R ACCOUNT

NUMBER

39. S/R VOUCHER

NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41 b. SIGNATURE AND TITLE OF CERTIFYING

OFFICER

41 c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.2/2012) BACK

RFQ NO. AG-05M6-S-15-0001

GROUNDS MAINTENANCE, NORTH BEND COMPOUND

SNOQUALMIE RANGER DISTRICT

KING COUNTY, WA

SCHEDULE OF ITEMS

BASE YEAR Grounds Maintenance 12 MONTH $_________ $____________ November 1, 2014 to October 31, 2015

OPTION YR Grounds Maintenance 12 MONTH $_________ $____________ A November 1, 2015 to October 31, 2016

OPTION YR Grounds Maintenance 12 MONTH $_________ $____________ B November 1, 2016 to October 31, 2017

GRAND TOTAL = BASE + OPTIONS $_______________________

NEW --- Invoice Processing Platform

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

The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

LIST OF ATTACHED DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

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

Title Pages

1. Performance Based Statement of Work 5

2. North Bend Compound Site Plan 1

3. Maintenance Schedule 1

5. Wage Determination Number 1977-0209 (Rev 47) (7/25/2014) 2

Note: In compliance with the paper reduction act, FAR Clauses 52.212-3, 52.212-1 and 52.212-2 and addendums attached thereto, which apply only to the solicitations phase, are not duplicated after contract award. However, they are incorporated by reference into the resulting contract.

C.1 SCOPE

Services to perform:

North Bend Office Grounds Maintenance: Treat and maintain all grounds area, approximately 4.94 acres shown on the vicinity map. Work includes lawn care, flower and shrubbery beds, tree and shrub maintenance, and disposal of debris.

The contractor shall provide any and all labor, equipment, supplies, services, permits, licenses, necessary to perform this contract

This statement of work consists of completing tasks/subtasks required in this contract and meeting the performance requirements as identified following each task/subtask.

Location:

To reach the project site, from Seattle, WA head east on Interstate 90 to Exit 31. Then, take the exit and turn left on Bendigo Way, drive rive north for approximately one mile then turn right on SE North Bend Way. Drive east for approximately 2 miles to the Ranger Station compound located at 42404 SE North Bend Way, North Bend, WA 98045.

C.3 PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

The contractor shall perform the following landscape maintenance tasks and subtasks to the quality performance standards addressed or indicated below each task/subtask.

5.1 LAWN CARE: The grounds shall be mowed which includes:

- All the lawns will be mowed and maintained to give a well-manicured appearance.

- All lawns shall be edged along sidewalks and other structures.

- Fertilize, lime all lawn areas as necessary and keep weed free.

- Sidewalks and parking areas shall be clean of debris and litter.

- Leaf litter and branches on grounds area shall be cleaned up as needed.

- All clippings and debris shall be removed and hauled away.

5.2 FLOWER & SHRUBBERY BEDS

- All planting beds shall be pruned, edged and clippings hauled away.

- All planting beds shall be weed free and maintained.

- All planting beds shall be maintained with existing materials i.e. gravels, beauty bark, mulch or other products agreed to.

5.3 TREE & SHRUB MAINTENANCE

- Prune all trees and shrubs along fences, structures, and property boundaries.

- A weed-eater may be required where mowing is not feasible.

- Tree and shrub pruning is required to keep all pedestrian walkways open.

- All generated clippings and debris shall be removed and hauled away.

C.4 PERFORMANCE/QUALITY STANDARD (S)

Contractor shall implement and be consistent with all county, state, local commercial standards for Landscaping Maintenance

Existing agency standards cited in section C.8 by statement of Work

Mowing will take place in areas that are actively growing and when conditions allow. Some areas may need multiple times if conditions warrant.

Large concentrations of leaves may require pickup using rakes or lawn sweepers. Leaf litter will not be allowed to accumulate to the point that will damage turf or hinder drains.

When performing pruning on trees, shrubs and perennials, along sidewalks, streets, driveways and property lines cumulative debris shall be removed the day of the task.

C.5 ACCEPTABLE QUALITY LEVEL

All work described in the statement of work shall be complete and visually pleasing, furnish all labor, materials, equipment, tools, transportation, and supplies needed to perform all work required to complete the maintenance in a reasonably close conformity with the standards in section V and the commercial standards for Landscaping Maintenance.

C.6 MEANS OF MEASUREMENT

Verify contractor records data and reports and or witness contractor inspection randomly

Periodic/random verification by the government of contractor records independent inspection

C.7 DOCUMENTATION REQUIRED BY THE CONTACTOR

5.5.1 Work Plan and Schedule

5.5.2 Quality Control Plan and schedule

5.5.3 Contractor Inspection Record

C.8 GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE

STANDARDS.GOVERNMENT STANDARDS/TECHNICAL EXHIBITS

For Landscaping Maintenance

Identify the number and date, title, issuing agency

NUMBER/DATE TITLE AGENCY

09/23/03 Exhibit A, Site Plan US Forest Service 09/23/03 Maintenance Schedule US Forest Service

SCHEDULE FOR GROUNDS MAINTENANCE AT THE NORTH BEND COMPOUND

FREQUENCY SCHEDULE

TURF MAINTENANCE

OCT NOV DEC-JAN FEB MAR APR MAY JUN JUL AUG SEP

Mowing 2 2 2 3 4 4 4 3 2 2

Trimming/Edg. 1 1 1 2 2 2 2 2 1 1

Fertilization 1 1 1 1 1

Aeration and/or Thatching 1

Weed Control 1 1 1 1 1 1 1 1

SHRUB – BED MAINTENANCE

OCT NOV DEC-JAN FEB MAR APR MAY JUN JUL AUG SEP

Fall Leaf Clean Up 2 2 1 1

Pruning 1 1 1

Weed Control 2 1 1 1 1 1 1 2 2 2 2 2

Other – litter 1 1 1 1 1 1 1 1 1 1 1 1

TREE MAINTENANCE

Pruning 1

ADDITIONAL AREAS

Parking Areas: 2 times per month OCT through FEB. 1 time per month MAR through SEP

Property Line Maintenance: 1 time per month check and maintain as needed.

Misc. weed eater areas: 1 time per month NOV through FEB/ 2 times a month MAR through OCT

Pre-emergent for weed control in beds: 5 Applications per year

SECTION E--INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

E.2 INSPECTION OF GROUNDS MAINTENANCE

Work not meeting contract requirements will cause the Contractor to:

Rework at no cost to the government

Repair or replace damaged infrastructure/utilities at no cost to the government

Acceptance with a price reduction

E.3 ACCEPTANCE

Acceptance of the work under this contract will be made when the Contracting Officer has made the determination of satisfactory compliance with the specifications and the Contracting Officer approves contract payment(s).

SECTION F--DELIVERIES OR PERFORMANCE

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

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

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

Effective Period of Contract

The effective period of this contract is from October 1, 2007 through September 30, 2008 for the Base Item and from October 1 through the following September 30 for each of the option periods if the option is exercised by the Government.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance for the base year of this contract is from the effective date of the Notice to Proceed through October 31, 2015

Estimated start work date for this project is November 2014. If the start work date results in less than a full month of services, the contract will be pro-rated accordingly for the time work was performed and for services received.

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful Quoter is required. It will be scheduled within 5 days after the date of contract award. The conference will be held at the North Bend Office Compound.

WD 2205-2563 (Rev.-16) was first posted on www.wdol.gov on 08/05/2014

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Diane C. Koplewski Division of Wage | Wage Determination No: 2005-2563 Director Determinations | Revision No: 16 | Date Of Revision: 07/25/2014 State: Washington Area: Washington Statewide **Fringe Benefits Required Follow the Occupational Listing**

Forestry Industry

OCCUPATION CODE - TITLE FOOTNOTE RATE

11000 - General Services And Support Occupations

11090 - Gardener 18.28 11210 - Laborer, Grounds Maintenance 15.07 11260 - Pruner 13.84

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.02 per hour or $160.80 per week or $696.79 per month

VACATION: 1 week paid vacation after 1 year of service with a contractor or successor; 2 weeks after 2 years; and 3 weeks after 5 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R.

5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A link to the Directory may be found on the WHD home page at http://www.dol.gov/whd/ and through the Wage Determinations On-Line (WDOL) website at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE Standard Form 1444 (SF-1444)

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming procedure shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(C)(vi)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, U.S. Department of Labor, for review (See 29 CFR 4.6(b)(2)(ii)).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination.

Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination.

Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

CONTRACT CLAUSES

Block 27 of SF1449: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY 2014)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g.,52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall –

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the -

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidations errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

(iv) 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 of which the designated office receives payment from the Contractor;

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

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

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

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

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

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

destination.

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti- Kickback Act of 1986; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

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

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

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

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

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

(u) Unauthorized Obligations

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

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

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

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

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

ADDENDUM TO FAR 52.212-4

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

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

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

52.223-6 Drug-Free Workplace (MAY 2001) 52.232-11 Extras (APR 1984) 52.245-1 Government Property (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

NEW --- Invoice Processing Platform NOTE: The paragraph below replaces the paper invoice copies requirement referenced on FAR 52.212‐4 (g) invoices.

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS. (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).

For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

FAR 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

(DEVIATION) (AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Performance Statement of Work, Investigation plan and Quality Assurance Surveillance Plan referenced in the attachments.

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

NOTICE TO PROCEED

A Notice to Proceed will be issued in writing by the Contracting Officer or Contracting Officer's Representative (COR).

No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Notice to Proceed.

SCHEDULES FOR SERVICE CONTRACTS

Contractor shall, at the pre-work meeting or within 10 days from receipt of any subsequent request from the Contracting Officer, submit a time chart or schedule of proposed progress to insure completion of the work within the time set forth in the contract. If Contractor's progress falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

REQUIRED SUBMITTALS

The following is a general summary of the required submittals. Other submittals may be required as specified elsewhere in this contract.

Submittal Title Submittal Date Quality Control Plan Prior to Work Starting Copy of Required Insurance Coverage Prior to Work Starting Notification of Subcontracting Prior to Subcontractor Starting Work

PRE-WORK CONFERENCE

The Contractor shall meet with the Government to discuss contract terms and work performance requirements, Work Progress Schedule, and Fire Prevention and Suppression plans (reference clause AGAR 452.215-73. Post Award Conference.

The Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the prework conference.

DEFINITIONS - ADMINISTRATION 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.

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.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)

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

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.

NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

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.

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS

FOR CORPORATE APPLICANTS (FEB 2012) 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…