Solicitation.doc

Surface Wetness Products Derived From Passive Microwave Satellite Imagery

Solicitation AG-3151-S-11-0019

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1.

SCHEDULE OF SERVICES

Except as may be otherwise expressly set forth in this contract, the Contractor shall furnish all personnel, facilities, equipment, material, supplies, and services, in performance of the services specified under Section C – Performance Work Statement (PWS) and delivered within the Deliverable Schedule and for the period of performance specified in Section F – Deliveries or Performance.

B.2.

PRICE SCHEDULE

The Offeror shall complete Section B of the Solicitation.

B.2.1 Period of Performance

The Period of Performance will be May 16, 2011- March 31, 2012.

Orientation Briefing and Project Plan Within one week of the award a Draft Project plan should be submitted and delivered each Monday morning by 8AM.

Historical Imagery Delivered within two weeks after the contract is awarded.

Weekly SSMI Maps & Global Data Sets (Imagery)

I. One Unit is an annual subscription consisting of 52 weeks of map deliverables.

II. Weekly submission of CVS formatted data files for surface wetness and temperature anomaly products.

III. One Unit is an Annual Subscription consisting of 52 weeks of global CSV files. The weekly SSM/I product images should be delivered in jpeg format with provincial boundaries for each country draped over the SSM/I imagery products.

Monthly SSMI Maps I. One Unit is an Annual Subscription -12 deliverables - 12 months of maps.

II. Monthly SSMI Surface Wetness Anomalies, Snow Cover Anomalies, and Temperature Anomalies, in jpeg map format.

III. One Unit is an Annual Subscription. Monthly SSM/I product images should be delivered in jpeg format with provincial boundaries for each country draped over the SSM/I imagery products.

Monthly Status Report Shall be delivered by the 10th of each of the following month.

Final Report Shall be delivered by the 10th of the month after the Period of Performance expiration.

Section C – Performance Work Statement (PWS) C.1 Background United States Department of Agriculture (USDA), Foreign Agricultural Service, International Production Assessment Division (FAS/IPAD) strategic mission and mandate is to produce the most objective and accurate assessment of the global agricultural production outlook, and the conditions affecting food security in the world. FAS/IPAD utilizes satellite imagery to monitor crop production to help fulfill FAS/IPAD’s mission.

In addition, the surface wetness product is considered a critical global data product on par with ground weather station data and required by FAS/IPAD. The surface wetness products are independent of weather station data and therefore tend to have better global spatial coverage and resolution than ground we Surface Wetness products derived from passive microwave satellite imagery is an essential time series data stream for monitoring global crop conditions for USDA, Global Crop Production Intelligence System (GCPIS) of the IPAD, Office of Global Analysis (OGA), FAS.

Organizational Background

FAS/IPAD utilizes remote sensing analyses to provide timely, relevant and strategic imagery intelligence and geospatial information in support of the USDA/FAS marketing and export credit decisions, as well as promote international trade. Early warning of unusual crop conditions or changes in production outlook detected by satellite imagery helps to provide an informed edge in commodity trading and helps to maximize U.S. farmer returns.

The USDA’s GCPIS has its heritage with the LACIE and AgriStars programs employed during the 1970’s and 1980’s, respectively. Since 1992, IPAD has implemented this operational program from USDA Headquarters in Washington, DC. This function is congressionally mandated by the Code of Federal Regulations, Title 7 Agriculture, Volume 1 7CFR2.43(3).

Contract Background

FAS/IPAD began using the satellite-derived surface wetness product to monitor crop conditions when the products became readily available in 2001 from NOAA. However, NOAA discontinued producing the product around 2003. The global surface wetness products proved to be critical for monitoring global crop conditions by USDA/IPAD’s program. The surface wetness products are derived from passive microwave satellite imagery and they are not affected by cloud cover as near-infrared satellite imagery.

C.2 Objective The purpose of the contract is to acquire the surface wetness products derived from passive microwave satellite imagery. These products are required by IPAD to assist IPAD crop analyst with the necessary analysis tools to make objective and accurate assessments of the global agricultural production outlook and the conditions affecting global food security. The goal is to deliver surface wetness products efficiently and effectively in an operational environment where near real-time delivery is critical to the USDA/FAS mission.

C.3 Scope of Work The scope is to deliver weekly and monthly global surface wetness and temperature anomaly derived from the Special Sensor Microwave Imager (SSM/I) satellite constellation. These global satellite-derived products require delivery to FAS/IPAD on Monday of each week, with continental maps in jpeg format and the global data set in CSV and Land Information System (LIS) formats.

C.4 Tasks and License The Following are the Task requirements:

Task 1: Orientation Briefing and Project Plan The Contractor will demonstrate confirmation of their understanding of the work to be accomplished under this PWS by preparing a Project Plan and make arrangements to deliver the imagery as specified by the delivery schedule within the Project Plan. The Contract Officer and Contract Officer’s Technical Representative (COTR) should be notified of any foreseen problems in delivering the imagery according to the technical specifications listed.

The contractor shall prepare a Project Plan to be reviewed by the COTR detailing expected delivery schedule and ftp access for FAS/IPAD. The Project Plan shall detail the key activities and milestones.

The COTR shall receive the Project Plan in both hard copy and electronic form, Microsoft Word. Based on the Project Plan, the COTR will provide approval to move forward on activities planned within two business days upon receipt of the Project Plan. The contractor shall request prior approval on all activities not included in the plan or any modifications to the plan after approval has been given.

Deliverable: Within one week of the award a Draft Project plan should be submitted and delivered each Monday morning by 8AM.

Task 2: Historical Data

Historical Imagery from the period of October 1-May 15, 2011 is expected to be delivered.

*At the end of the contract the contractor must have provided a total of 18-months of weekly and monthly products from October 1, 2010-March 31, 2012 which is the life of the contract.

Deliverable: Delivered within two weeks after the contract is awarded.

Task 3: Weekly SSMI Maps & global Data Sets (Imagery) This task requires Satellite Imagery to deliver on a weekly schedule SSMI surface Wetness Anomalies, Snow Cover Anomalies, and Temperature Anomalies in jpeg format. CSV files represent a global domain with a USDA provided crop mask applied.

Deliverable: One Unit is an annual subscription consisting of 52 weeks of map deliverables.

Deliverable: On a weekly basis CSV formatted data files for surface wetness and temperature anomaly products.

Deliverable: One unit is an annual subscription consisting of 52 weeks of global CSV files.

The weekly SSM/I product images should be delivered in jpeg format with provincial boundaries for each country draped over the SSM/I imagery products.

Maps have continental and country boundaries and are provided for the following regions: North America, South America, Europe, Africa, Middle East, South Asia, East Asia, Southeast Asia, Former Soviet Union, and Australia/New Zealand Task 4: Monthly SSMI Maps Deliverable: Monthly SSMI Surface Wetness Anomalies, Snow Cover Anomalies, and Temperature Anomalies, in jpeg map format.

Deliverable: One Unit is an Annual Subscription -12 deliverables - 12 months of maps.

Deliverable: One Unit is an Annual Subscription. Monthly SSM/I product images should be delivered in jpeg format with provincial boundaries for each country draped over the SSM/I imagery products.

Maps have continental and country boundaries, and are provided for the following regions: North America, South America, Europe, Africa, Middle East, South Asia, East Asia, Southeast Asia, Former Soviet Union, and Australia/New Zealand.

Task 5: Monthly Status Report The contractor shall document all products and time delivered to FAS/IPAD. The monthly status report shall include, at a minimum, a detailed progress report of all imagery collected and delivered for the monthly period.

Deliverable: Shall be delivered by the 10th of each of the following month.

Task 6: Final Report

The contractor shall provide a final report, to the COTR, at the conclusion of Period of Performance. The report will summarize all imagery delivered by week, month, and entire period of performance.

Deliverable: Shall be delivered by the 10th of the month after the Period of Performance expiration.

Product License

The above products are for internal use for FAS/IPAD only and not to be distributed. All data and maps, and any derivatives thereof, will be kept within the FAS/IPAD group and its computing infrastructure. No data, maps, or derivatives thereof will be published without written permission of the contractor. The potential contractor agrees that information from this Product may be demonstrated in USDA lock-up proceedings.

*The contractor may be terminated if a required weekly or monthly SSM/I product or deliverable is delivered two-weeks late.

Section D – Packaging and Marking D. 1 AGAR 452.247-71 - Marking Deliverables. (FEB 1988)

(a) The FSA contract/order number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

(b) Ship to/Mark for:

U.S. Department of Agriculture, Foreign Agricultural Service

Office of Global Analysis, International Production & Assessment Division

1400 Independence Ave, SW, Room 4611-S

Washington, DC 20250

ATTN: TBD

(End of Clause)

D. 2 AGAR 452.247-72 - Packing for Domestic Shipment. (FEB 1988)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

(End of Clause) Section E – Inspection and Acceptance E. 1 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 may be accessed electronically at this/ these address(es): http://www.aqnet..gov or, www.usda.gov/procurement/policy/agar.html or, http://farsite.hill.af.mil/

E.2 AGAR 452.246-70 - Inspection and Acceptance. (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative may inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and Acceptance will be performed at:

U.S. Department of Agriculture, Foreign Agricultural Service

Office of Global Analysis, International Production Assessment Division

1400 Independence Ave, SW, Room 4611-S

Washington, DC 20250-1064

(c) The COTR has limited authority. The COTR is authorized to (1) review and approve travel authorizations necessary for performance of services, (2) inspect deliverables, (3) accept deliverables, (4) review and approve request for payment (invoices), and (5) coordinate services with contractor. The COTR has no authority to change or amend the terms and conditions set forth in the Contract.

(End of clause)

E.3 Inspection and Acceptance by the Government The Government will verify that all deliverables cited within this Contract fulfill the requirement and standards stated in this Contract.

E.3.1 Responsibility for the Inspection and Acceptance

Inspection and acceptance of all items and services under this Contract will be accomplished by the Government Contracting Officer's Technical Representatives (COTR's). The COTR will inspect, and be responsible for, the review and acceptance of all deliverables under this Contract prior to its acceptance by the Government Contracting Officer/Contract Specialist. Acceptance will be performed by the COTR, or a designated representative, at the location(s) cited in Section E.2 of this contract.

E.3.2 General Acceptance Criteria

General quality measures, as set forth below, will be applied to each work product received from the contractor under this PWS.

· Accuracy ‑ Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

· Clarity ‑ Work Products shall be clear and concise. Any/All diagrams shall be easy to understand and be relevant to the supporting narrative.

· Consistency to Requirements ‑ All work products must satisfy the requirements of this PWS.

· File Editing ‑ All text and diagrammatic files shall be editable by the Government.

· Format - Work Products shall be submitted in hard copy (where applicable) and in media mutually agreed upon prior to submission. Hard copy formats shall follow any specified Directives or Manuals.

A. Timeliness ‑ Work Products shall be submitted on or before the due date specified in this PWS or submitted in accordance with a later scheduled date determined by the Government.

E.3.3 Quality Assurance

The Government reserves the right to inspect any and all work under the contract.

The contract may be terminated if a required weekly or monthly SSM/I product or deliverable is delivered two-weeks late.

E.3.4 Administrative Considerations

E.3.4.1 Correspondence

To promote timely and effective administration, correspondence shall be subject to the following procedures:

A. Technical correspondence (where technical issues relating to compliance with the requirements herein) shall be addressed to the Contracting Officer’s Technical Representative (COTR) with an information copy to the Contracting Officer (CO) and the Contract Specialist (CS).

B. All other correspondence, including invoices, (that which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of this PWS) shall be addressed to the COTR with an information copy to the Contracting Officer.

Section F – Deliveries or Performance F.1 AGAR 452.211-74 – Period of Performance (FEB 1988)

This will be a Firm-Fixed Price contract with the period of performance for this contract will be for as follows: May 16, 2011 through March 31, 2012.

(End of Clause) F.2 Place(s) of Performance

The contractor will collect the imagery, orthorectify the imagery, and post all imagery to an ftp server for collection by personnel from FAS/IPAD or contractors based at USDA’s South Building, Washington, DC or elsewhere.

Section G – Contract Administration Data G.1 Contracting Officer’s Authority The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and/or any Delivery/Task Order, and notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor effects any changes to the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustments will be made in the contract prices to cover any increases in charges incurred as a result thereof.

The Contractor shall submit any request for modification for this contract, in writing to the Contracting Officer with a copy of the request to the Contracting Officer’s Technical Representative (COTR).

G.2 Contract Administration The Procuring Contracting Officer responsible for administering this contract is:

Billy Rowland, Contracting Officer

Telephone:

(202) 720-9356

FAX:

(202) 690-3320

E-mail:

billy.rowland@wdc..usda.gov When using regular mail, use the following address:

USDA/FSA/AMD

Mail Stop 0567

1400 Independence Avenue, SW

Washington, DC 20520

When using express mail or hand delivering to the Contracting Officer, use the following address:

USDA/FSA/AMD

1280 Maryland Avenue, SW, Suite 580A

Washington, DC 20024

The point of contact for routine contract support, and in the absence of the Contracting Officer is:

MeChelle Dickey, Contract Specialist

Telephone:

(202) 205-2935 Fax:

(202) 690-3320

E-mail:

mechelle.dickey@wdc.usda.gov G.3 Contracting Officer’s Technical Representative (COTR)

The Contracting Officer’s Technical Representative appointed for this contract, and the address and contact information for the same is: TBD The COTR shall be primarily responsible for, but not necessarily limited to, the following:

1.

Monitor the Contractor’s performance under the contract

2.

Be the single coordinating point of contact with the Contractor, other than the Contracting Officer.

3.

Provide clarification, interpretation, and inquiry assistance to the Contractor on technical matters.

4.

Monitor the quality of the Contractor’s performance and deliverables.

5.

Review, and approve or disapprove, invoices submitted by the Contractor.

6.

Furnish the Contracting Office with copies of all pertinent reports and correspondence as appropriate.

The COTR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Any changes that the contractor deems may affect contract price, or conditions must be referred to the Contracting Officer for review, action and or approval/disapproval.

G. 4 Invoices The Contractor shall submit invoices to the COTR for review and payment in accordance with the delivery schedule. The Contractor shall provide an original and one copy of all invoices.

Send invoices via email (preferably), mail, or fax, to the address below:

U.S. Department of Agriculture

International Production Assessment Division

ATTN: TBD

1400 Independence Ave., SW

Washington, DC 20250-1064

Invoices shall be mailed to the Contracting Officer and the COTR at the addresses provided in the Contract. The COTR is responsible for review and approval/disapproval of invoices. If disapproved, the COTR shall notify the Contracting Officer and the Contractor.

In addition to the information required by the Prompt Payment Act, the following information must also be included on the invoice:

As a minimum, invoices shall include:

1. USDA/FSA/CCC Contract/Order Number

2. Contractor, Address, Point of Contact, and Telephone Number

3. Period of Performance associated with the Invoice

4. Invoice Number and date of invoice

5. A description of the deliverables per the deliverables and pricing schedules for each Contract Line Item Number (CLIN) being invoiced.

6. Travel and subsistence in accordance with the GSA’s Federal Travel Regulation (FTR) and the PWS.

7. Any other information deemed necessary and appropriate to justify payment.

8. Failure to provide the above information (or adequately justify payment request) is grounds for disapproval of invoice.

G.5 AGAR 452.219-70 - Size Standard and NAICS Code Information (SEP 2001)

The North American Industrial Classification System Code and business size standard describing the products and/or services to be acquired under this solicitation is listed below:

NAICS Code: 541690 Other Scientific and Technical Consulting Services

541990 All Other Professional, Scientific and Technical Services

Size Standard:

$7.0 million

G. 6 Contract Closeout Procedures It is the Government’s intent to perform close-out procedures at the end of the Contract. The Contractor agrees to perform those internal functions necessary to support this process in a timely manner. Contract close-out will occur as soon as possible after end of contract period of performance.

Section H - Special Requirements H.1 Government Furnished Facilities, Property, Building Services, Materials and Information Upon commencement of this effort, unless otherwise indicated, the Government will provide the following property to the Contractor:

H.1.1 Government Furnished Materials/Information

Not Applicable

H.1.2 Government Furnished Property/Equipment

H.1.3 Access to Government Facilities

The contractor will be allowed limited access to the Government’s facilities, as specified below:

H.1.4 Equipment Inventory

H.2 AGAR 452.224-70 – Confidentiality of Information (FEB 1988)

(a) Confidential information, as used in this clause, means –

(1) Information or data of a personal nature, proprietary about an individual or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

H.3 Security A security clearance is not required in performance of this effort. The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as subcontractor efforts used in performance of this effort. The Contractor's management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective delivery of the required imagery.

H.3.1 HSPD-12 Compliance FAR 52.204-9 – Personal Identity Verification of Contractor Personnel (Sept 2007)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(End of clause)

1.

Removal from Duty Clause

The Government may request that the contractor immediately remove any contractor employee(s) from working on the contract should the Government determine that individuals are unfit to perform the contract. The contractor must comply with these requests. The Government’s determination of unfit may be made from, but not limited to, incidents involving the misconduct or delinquency as set forth below.

a) Violation of Rules and Regulations Governing Public Buildings and Grounds, 41 Code of Federal Regulations 101-20.3.

b) Neglect of duty, including sleeping while on duty, unreasonable delays, or failure to carry out assigned Delivery/Tasks, conducting personal affairs during official time, and refusing to cooperate in upholding the integrity of FSA.

c) Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omission from official documents and records.

d) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions or fighting. Also, participating in disruptive activities that interfere with the normal and efficient operation of the Government.

e) Theft, vandalism, immoral conduct, or any other criminal actions.

f) Selling, consuming, possession of, or being under the influence of intoxicants, drugs, or substances, which produce similar effects.

g) Improper use of official authority or credentials.

h) Unauthorized use of communications equipment or Government property.

i) Misuse of equipment used in the performance of this contract.

j) Unauthorized access to employee’s personal property.

k) Violation of security procedures and regulations.

l) Prior determination by FSA or other Federal agency that a contractor’s employee was unsuitable.

m) Violation of the Privacy Act of 1974, the Computer Fraud and Abuse Act of 1986, and Taxpayer Browsing Protection Act of 1997.

n) Unauthorized access to or disclosure of agency programmatic or sensitive information, or IRS Tax Return information.

o) Unauthorized access to areas not required for the performance of the contract.

p) Unauthorized access to an agency Automated Information System.

q) Unauthorized access of information for personal gain (including, but not limited to monetary gain) or with malicious intent.

H.4 Key Personnel

H.4.1 The contractor must identify a Senior level management or above who will be the main point of contact for this contract.

H.5 Organizational Conflict of Interest H.5.1 Purpose

The primary purpose of this clause is to aid in ensuring that the offeror selected for contract award (1) does not obtain any unfair competitive advantage over other parties by virtue of prior performance of this contract and (2) that the selection of the contractor is not biased because of its current and planned interest (financial, contractual, or otherwise) which relates to the work under this contract. In addition, offerors should review Federal Acquisition Regulation Subpart 9.5.

H.5.2 Scope

The restrictions described herein shall apply to performance and/or participation by the contractor and any of its affiliate organizations or their successors in interest (hereinafter collectively referred to as the “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venture, and consultant or in any similar capacity.

(a) Advisory, consulting, analytical, evaluation or study work, including the preparation of statements of work and specifications.

1. If the contractor performs advisory, consulting, analytical, evaluation study, or similar work under this contract, it shall be ineligible thereafter for a period of 3 years to participate in any capacity in Government contractual efforts (solicited or unsolicited) which stem directly from such work, and the contractor agrees not to perform similar work for prospective offerors with respect to any such contractual efforts. Furthermore, unless so directed in writing by the CO, the contractor shall not perform any such work under this contract on any of its products or services, or the products or services of another firm for which the contractor performs similar work.

2. If the contractor under this contract assists substantially in the preparation of a statement of work or specifications, the contractor shall be ineligible to perform or participate in any capacity in any contractual effort, which is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the CO, in which case the restriction in this subparagraph shall not apply.

H.5.3 Remedies

For breach of the above restrictions or for nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract, the Government may, at no cost, terminate the contract, disqualify the contractor from subsequent related contractual efforts and pursue other remedies as may be permitted by laws or this contract.

H.6 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 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.

H.6.1 Non-Disclosure Agreement

All Contractor employees performing services under this Contract/Order shall sign a Non-Disclosure Statement and Certification, provided under Part III, Section J of this solicitation/contract as “Attachment 1”.

The COTR will review, for completeness, preliminary or draft documentation that the Contractor submits, and may return it to the Contractor for correction. Absence of any comments by the COTR will not relieve the Contractor of the responsibility for complying with the requirements of this work statement. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by COTR. The Contractor shall not construe any letter of acknowledgment of receipt material as a waiver of review, or as an acknowledgment that the material is in conformance with this work statement. Any approval given during preparation of the documentation, or approval for shipment shall not guarantee the final acceptance of the completed documentation.

H.7 Section 508 Compliance Requirements

Any/all electronic and information technology (EIT) procured through this effort must meet the applicable accessibility standards at 36 CFR 1194. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.section508.gov.

H.8 Government Holidays

The following Government holidays are normally observed by Government personnel: New Years Day, Martin Luther King’s Birthday, Presidential Inauguration Day (metropolitan DC area only), President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and any other day designated by Federal Statute, Executive Order, and/or Presidential Proclamation. Or any other kind of administrative leave such as acts of God (i.e. hurricanes, snow storms, tornadoes, etc) Presidential funerals or any other unexpected government closures.

H.9 Payment for Unauthorized Work

No payments will be made for any unauthorized supplies and/or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

Part II – Contract Clauses Section I – Contract Clauses I.1 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): http://www.arnet.gov/far/ or, www.usda.gov/procurement/policy/agar.html, or http://farsite.hill.af.mil/

52.204-6 - Data Universal Numbering System (DUNS) Number (Apr 2008) 52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011) 52.212-4 - Contract Terms and Conditions -- Commercial Items (Jun 2010)

52.242-15 - Stop Work Order (Aug 1989) 52.245-1 - Government Property (Aug 2010) 52.245-9 - Use and Charges (Aug 2010) I.2 Clauses in Full Text

52.204-1 - Approval of Contract (Dec 1989)

This contract is subject to the written approval of Billy Rowland, Contracting Officer and shall not be binding until so approved.

(End of Clause) 52.209-7 – Information Regarding Responsibility Matters (Jan 2011)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(End of provision)

52.212-5 - Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items (Oct 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being Incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

___ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (8) [Reserved]

___ (9) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (10) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

_X_ (12) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2010) (15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

_X_ (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

___ (14) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (15) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (16) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X_ (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (21) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (24) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X_ (25) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (26) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X_ (27) 52.222-54, Employment Eligibility Verification (Jan 2009).

_X_ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

_X_ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (31) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O. 13513).

_ X_ (32) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

_ X_ (33) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

_ X (34) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (35) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)

___ (36) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (37) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (38) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (39) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (40) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (41) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (42) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

_X_ (43) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (44) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being Incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

_X_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.217-8 - Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor.