AG-3434-S-13-0018.pdf

(rev0)

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER AL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 63

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICIATION ISSUE

DATE

AG-3434-S-13-0018

DATE

08/06/2013

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION calls) LOCAL TIME

INFORMATION CALL: Mark Corse

Technical: William Glass

(812) 277-6863

(815) 423-2129

08/23/2013

3:00PM(ET)

9. ISSUED BY CODE 10. THIS ACQUISITON IS

Ohio River Shared Procurement Cluster UNRESTRICTED OR SET ASIDE: 100% FOR

C/O Allegheny National Forest SMALL BUSINESS EMERGING SMALL

BUSINESS

4 Farm Colony Dr.

Warren, PA 16365

HUBZONE SMALL

NAICS: _561730_ BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $ 7 Million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700) 13b. RATING N/A

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

Midewin National Tallgrass Prairie

As directed in each Task Order

16. ADMINISTERED BY CODE

Monongahela National Forest

200 Sycamore St., Elkins, WV 26241

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

Midewin National Tallgrass Prairie

As identified in each Task Order

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

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

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

INDEFINITE DELIVERY – INDEFINITE QUANTITY

MOWING SERVICES

MIDEWIN NATIONAL TALLGRASS PRAIRIE

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

See Schedule

25. ACCOUNTING AND APPROPRIATION DATA

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 ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.2124. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (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

(rev0)

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See attached pages

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 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE 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.3/2005) BACK

AG-3434-S-13-0005

8/6/2013 3

SECTION B

Schedule of Items

BASE PERIOD: (one year from date of contract award)

ITEM NO./ DESCRTIPTION UNIT EST.

QUANTITY

UNIT PRICE TOTAL PRICE

1. Heavy Mowing as specified below.

Acre 0 $__________ $___________

2. Light Mowing as specified

Acres 3,772 $__________ $___________

TOTAL AMOUNT ITEM 1 & 2

OPTION PERIOD ONE: (one year from end of BASE YEAR)

ITEM NO./ DESCRTIPTION UNIT EST.

QUANTITY

UNIT PRICE TOTAL PRICE

1. Heavy Mowing as specified

Acre $__________ $___________

Acres 3,772 $__________ $___________

OPTION PERIOD TWO: (one year from end of OPTION YEAR ONE)

QUANTITY

UNIT PRICE TOTAL PRICE

1. Heavy Mowing as specified

Acres 3,772 $__________ $___________

OPTION PERIOD THREE: (one year from end of OPTION YEAR TWO)

QUANTITY

UNIT PRICE TOTAL PRICE

1. Heavy Mowing as specified

Acres $__________ $___________

TOTAL AMOUNT ITEM 1 & 2 3,772

8/6/2013 4

FAR 52.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause FAR 52.216-18, ORDERING, the

Government shall place orders totaling a minimum of $2,000.00 but not in excess of $600,000.00 ($150,000.00/PERIOD):

8/6/2013 5

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Work:

The contractor shall provide all labor, equipment, materials, supervision, etc., needed to complete the work as described herein, in accordance with federal, state, industry and commercial standards.

SPECIFICATIONS

C.1 General Specifications:

Equipment suitable to fulfill the Contract shall be furnished on a fully operated basis, of modern design and in good operating condition, with a competent qualified operator. Exhaust stacks on all engines, except those with exhaust-driven turbo-chargers, shall be equipped with spark arrestors that will prevent the expulsion of sparks from the engine into the atmosphere. All fuels, supplies, repairs and incidentals shall be furnished by the Contractor.

The Contractor and its employees and subcontractors shall comply with all State and local safety requirements and will be thoroughly familiar with the Forest Service Safety Code for work of this type.

This code is available for review at the nearest Forest Service office. Protective devices such as hard hats shall be worn at all times according to Federal, State, and local safety regulations.

Contractor shall avoid using heavy equipment during times when the soil is soft. Contractor may enter project areas when ground is dry or frozen or with vehicles that have ground pressures of 4 pounds per square inch or less. Work shall be halted if thawing or heavy precipitation occurs. Operation of heavy equipment in creek beds or within creek channels is not allowed. Soil ruts deeper than 2 inches or covering more than 10% of the designated work area must be avoided or mitigated by the contractor. Mitigation will include filling the ruts with soil approved by the COR and planting an appropriate seed mix approved by the COR.

Prior to starting work the FS will inspect the contractor’s equipment (heavy equipment or off-road equipment) to be sure that it meets fire and safety requirements including spark arrestors and fire extinguishers. All equipment must be steam cleaned or run through a car wash prior to coming on site to remove any invasive plant species seeds. Compressed air cleaning may be an adequate cleaning method, but must be approved by the COR. COR or designated Inspectors will inspect equipment upon being brought onto Midewin for the first time, or subsequent returns if the equipment is taken off site and returned.

Any spill of fuel or hydraulic fluid greater than one (1) pint must be immediately reported to the COR or PM. Contractor personnel must have training to ensure they are qualified to identify such releases and are competent to provide proper cleanup and reporting. All spilled materials and impacted soils will be removed and properly disposed as necessary.

Sensitive areas, cultural resource sites, wetland, species habitat and native vegetation may exist within the project area. These areas will be marked by Midewin staff as needed and avoided by the contractor or performed only with an appropriate Midewin staff member on site.

In areas which will be open to the public the contractor may be required to put up warning signs in ingress and egress lanes to the work area. Equipment ingress and egress lanes for equipment will be approved by the COR in advance of work in each area. Some access points to Midewin may be unavailable for contractor access.

Archery and firearm deer hunting and turkey hunting may occur in some work areas. The contractor should make themselves aware of these times. This information is available at the Midewin office.

8/6/2013 6

• Wet weather conditions may preclude the use of vehicles or ATVs on portions of the tract or possibly the entire tract at certain times. The USDA Forest Service COR and/or Ecologist will determine in conditions warrant cession of vehicular traffic.

• During times of high fire danger the contractor may be required to suspend work temporarily or avoid driving or parking off road with some types of equipment.

Ingress, egress, parking areas and equipment storage areas may have to be modified during high fire danger. The contractor will work with the COR and Midewin Fire Management Officer in times of high fire danger.

Midewin is closed to vehicular traffic except for administrative purposes. Contractors will be given keys and placards for use on site. Loss of keys may result in charging the contractor with replacing all locks which could amount to several thousand dollars. The placards must be in plain view while working on Midewin. Keys and placards are for official use on Midewin. The keys and placards don’t allow the contractor to take tours throughout Midewin by vehicle. The keys and placards allow the contractor to egress and ingress the work area only. Contractors and their employees must follow all rules, regulations that the general public must follow. These rules and regulations are posted at trailheads or are available at the Midewin office. The speed limit at Midewin unless otherwise posted is 35 MPH. Contractors and their employees must follow the speed limit. If the contractor or their employees notice rules and regulations being broken they should contact the Contracting Officers Representative. Failure to follow these rules and regulations could result in citations and fines.

• It is the responsibility of the bidder to examine the specific tracts and work areas.

Each tract may have different conditions (thicker brush, larger trees, etc) and may vary from year to year. The bidder can’t assume a new project will be similar to a previous project.

• 1. Heavy Mowing Specifications:

• Mow or cut all brush, seedlings and saplings up to 6” diameter at the ground to no more than 6” from the ground surface. With multiple stem trees and shrubs, if one stem is greater than 6” the entire tree or shrub can be skipped. The woody material will be cut and ground down so that woody material isn’t sticking up above 6” of the ground. This may require several passes of the cutting head. The woody material must be cut so that a farm tractor PTO-mounted rotary mower or brush mower can mow the fields the following year. The entire project area doesn’t need to be cut, only portions with the woody vegetation. Where thick small woody vegetation is present, complete mowing may be necessary to get all the woody stems. Where obstacles such as fences posts, railroad ties, rock piles, soil piles, power poles, steep terrain, ditches, bunkers, etc. make mowing impossible or damaging to equipment, hand cutting is acceptable. All materials cut by hand must be slashed to within 6” of the ground surface or obstacle. Some small grouping of shrubs and trees may be marked and left within the fields for wildlife purposes. These will either be marked with blue flagging or blue paint.

All woody vegetation within the size class is to be cut either by mowing or by

8/6/2013 7 hand unless marked as leave shrubs and trees. This work will typically only be performed from the period of August 15th through March 1st. Heavy mowing will only be necessary sporadically as additional land needs it or is transferred from the Army.

• Evaluation of satisfactory work completeness will be judged by visual inspections of the project area. 100% of the target size species is required to be mowed.

• 2. Light Mowing Specifications:

• Mow and cut all grass, forbs, brush, seedlings and saplings up to 3” at the ground to within 4” to 6” of the ground surface. The entire tract excluding obstacles such as trees greater than 3”, brush piles, rock piles, bunkers, piles or railroad ties, etc.

will be cut to control woody vegetation. This work will typically only be performed from the period of August 15th through March 1st. Most mowing will be light mowing.

• Evaluation of satisfactory work completeness will be judged by visual inspections of the project area. 100% of the target area free of obstacles is required to be mowed.

• Area Descriptions:

• The project consists of tracts that were formerly mowed or were grazed recently.

Cattle may be in the tracts at time of mowing. Calves may be present and extra caution may be necessary. Areas with cattle need to be coordinated with grazing permitees. The mowing contractor must work with the COR on determining start dates and mowing times. Some areas are relatively open while others have scattered trees or grouping of trees. Mowing can start on August 15th 2013 and should be done by October 15th 2013.

• See the attached maps for more detail of the areas.

• More detailed maps are available upon request. Arrange site visits through

William Glass at 815/423-2129.

Mowing Tracts Tract Number Acres Location 8 286 East Side 33 21 East Side 34 26 East Side 41 176 East Side 42 26 East Side 44 33 East Side 48 63 East Side 60 45 East Side 64 181 East Side

8/6/2013 8

79 72 East Side 104 273 West Side 105 240 West Side 144 392 West Side 150 57 West Side 169 199 West Side 212 171 West Side 215 499 West Side

SUBTOTAL 2760

73 183 East Side 74 291 East Side

SUBTOTAL 474

70 128 East Side 206 410 East Side

SUBTOTAL 538

TOTAL ACRES 3,772

8/6/2013 9

Rev 0

C.2. Pricing:

The pricing offered is considered by the Forest Service to be contractually binding unit ceiling pricing. If a contract is awarded, based on this pricing; the Contractor is bound to this offered pricing as the maximum pricing that can be offered when a task order is solicited. When offering a task order proposal, the IDIQ Contractor can elect to offer less than the contractually established ceiling pricing; however, this reduction is only in effect for that specific task order solicitation/issued task order, and does not constitute a contractual change to the unit ceiling pricing.

Any resultant contract awarded in response to this solicitation is considered a service contract.

As such, the Applicable Service Contract Act Wage Decision is included in the solicitation and any subsequent contract.

The Contractor-offered pricing is considered the maximum price for each Contract Line Item

(CLIN). When task orders are competed, the Contractor can elect to offer less than the maximum CLIN price; however, this CLIN reduction is only in effect for that specific task order offer; and does not constitute a contractual change to original CLIN price.

The offeror’s prices for all line items should include all applicable overhead, profit and all burden costs such as, insurance, support costs, compliance with environmental laws, taxes, and protection of government property. If the work will be sub-contracted the price proposed should be inclusive of all costs involved with subcontracting the work.

C.3. On-Line Registration Requirements

C.3.1 SYSTEM AWARD MANAGEMENT SYSTEM (SAM)

C.3.1.1 In order to be eligible for a contract award under this solicitation, the offeror must have an active account in the SYSTEM AWARD MANAGEMENT SYSTEM (SAM) SAM

(www.sam.gov).

Your company must have an active account in SAM at the time of proposal submission. Your proposal will be considered non-responsive if the Government cannot verify your firm’s registration in SAM. Provide proof of SAM registration in your offer package

If your firm is not registered in sam at the time of submission of your offer, or you do not submit the requested information in the Solicitation Provisions, you will be considered non-responsive and your firm may not be considered for an award.

Non Discrimination Statement:

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and

TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence

Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382

(TDD). USDA is an equal opportunity provider and employer.

C.4 Safety Plan

The Contractor will provide a written safety plan that demonstrates how the contractor will ensure a safe work environment for themselves, their employees. The safety plan should include: 1) An overview of the Contractor’s current Safety Program and copies of safety plans from all identified sub-contractors; 2) A chemical spill plan documenting internal procedures, in the event of a hazardous materials spill on-site or in transport, 2) documentation to substantiate that the Contractor has an ongoing safety training program, 3) documentation regarding any

Occupation Safety and Health Administration (OSHA) actions/citations issued against the

Contractor within the previous three (3) years, to include follow-up measures or remedies taken by the Contractor.

The same safety plan information is also required of all proposed Subcontractors. Following contract award, the safety plan will be reviewed and then must be approved by the COR.

C.5 ADDITIONAL CONTRACTOR OBLIGATIONS

C.5.1 Inspections and Invoicing (Interim and Final): Invoices (interim and final) will only be submitted to the Forest Service upon Contracting Officer Representative (COR) or Contracting

Officer (CO) approval. Any invoice submitted without COR or CO authorization will be returned.

Invoice submission will normally be authorized following successful completion of an interim or final inspection. Following an inspection; the COR can request that any and all rework be accomplished, prior to authorizing submission of an invoice.

C.5.2 Subcontractors: Contractor shall receive Forest Service approval of all proposed subcontractors. Formal approval or disapproval will be provided in writing (or email). SF Form will be required from each of your proposed sub-contractors.

C.5.3 Potential Delays: The Contracting Officer or COR should be informed as soon as possible of any actions or inactions by either party, which could jeopardize successful completion of the

TO within the stated performance period.

C-5.4 Official Correspondence: On all matters that pertain to the contract or TO terms and conditions, the Contractor shall communicate, in writing (or email), with the CO.

C.5.5 Additional or Out-of-Scope Task Order Work: If the Contractor believes it has been directed to accomplish work beyond or outside the agreed-to scope; the

Contractor should then immediately address the issue with the COR, followed by contacting (phone or email) the CO. If the COR is not available, the Contractor should then immediately contact the CO or FS Inspector.

C.6: DEFINITIONS

1. Forest Service (FS): The United States of America, acting through the Forest Service, U.S. Department of Agriculture.

2. Government: The Contracting Officer or the duly authorized Contracting Officer's

Representative (COR) who has signatory and binding contract authority and/or the authority to formally accept contractor-furnished products and services.

3. Contracting Officer: A Forest Service employee with the authority to: enter into, administer, and terminate contracts, as well as issue determinations regarding such matters as claims.

4. Contracting Officer’s Representative (COR): A Forest Service employee that is appointed and officially designated by the Contracting Officer to assist the

Contracting Officer with the technical matters related to contract administration.

The COR will assist the Contracting Officer with surveillance of contractor performance.

5. Forest Service Inspector: A Forest Service employee designated by the Contracting

Officer or COR to perform surveillance of contractor performance.

6. Contractor Representative: A foreman, superintendent, or manager, assigned in writing, to be responsible for the execution of work under this contract.

7. Subcontractor: Any supplier, distributor, vendor, or firm that furnishes supplies or services to a prime contractor.

8. Contract: A mutually binding legal relationship which obligates the seller

(Contractor) to furnish supplies or services, to include construction; to the buyer

(Government), with payment as consideration. It includes varying types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to this type of bilateral instrument, contracts can include (but are not limited to) awards and notices of awards; task orders orders issued under an Indefinite Delivery /

Indefinite Quantity Contract (IDIQ contract; purchase orders - which becomes effective by written acceptance or performance; as well as bilateral contract modifications.

9. Indefinite Delivery / Indefinite Quantity Contract (IDIQ): Type of contract for which the delivery of a specific service or supply is not known at the time of contract award. An IDIQ allows for later ordering of supplies or services and construction), with an established minimum and maximum order amount, as well as a maximum total contract amount.

10. Task Order (TO): By use of an IDIQ, the method by which the FS will order construction necessary to perform the work.

11. Contract Modification Any written change in the terms of a contract.

12. Task Order Modification: Any written change to a specific task order.

13. Supplemental Agreement: A type of contract modification that is accomplished by the mutual action or agreement by both parties.

14. Notice To Proceed: Forest Service document that indicates the offical start date for the TO period of performance.

15. Offer: A response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract.

16. Best Value: The expected outcome of an acquisition: whether contract or TO, that, in the Government’s estimation; provides the greatest overall benefit in response to the requirement.

17. Price Schedule: Schedule containing a list of contract line items (CLINs), quantities, units of measure, unit price and amount.

18. Quality Assurance: Those actions taken by the FS to assure that the contractor’s performance meets the specified requirements.

19. Quality Control: Those actions taken by a contractor to control performance so that the work meets the specified requirements.

20. Warranty: A promise or affirmation given by a contractor to the Government regarding the nature, usefulness, or condition of the the work furnished under the contract.

21. Station: A horizontal distance of 100 lineal feet as measured along the centerline of a trail or trail.

22. Where "as shown", "as detailed": or words of similar import are used, it shall be understood that reference is made to the attachments accompanying this specification unless stated otherwise.

23. Where "as directed", "as required", "as permitted", "approval", "acceptance": or words of similar import are used, it shall be understood that direction, requirement, permission, approval or acceptance of the Contracting Officer is intended unless stated otherwise.

SECTION D

Packaging and Marking

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

SECTION E

Inspection and Acceptance

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

SECTION F

Deliveries or Performance

FAR 52.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from Date of Award through 365 days following the date of award.

(End of Clause)

FAR 52.211-75 Effective Period of the Contract. (FEB 1988)

The effective period of this contract is from Date of Award through 365 days following the date of award.

SECTION G

Contract Administration Data

TASK ORDER AUTHORITY: Any Contracting Officer assigned to the US Department of

Agriculture, with the requisite warrant authority, may issue task orders against this contract.

CONTRACTOR INVOICES: Invoices shall be submitted in arrears, no advance payments will be authorized. Unless otherwise noted, contractors shall submit invoices for payment as follows:

A. If the work performance period cited in the individual Task Order is 30 days or less, the contractor shall submit an invoice to the government at the end of the performance period. No partial payments are authorized.

B. If the work performance period cited in the individual Task Order is greater than 30 days partial payments may be authorized on a monthly basis and upon acceptance of the work.

Payment schedules will be covered in the pre work meetings.

C. In accordance with Prompt Payment Act (Public Law 97-177), contractors are to submit proper invoices for payment.

A proper invoice includes:

1. Name and address of the Contractor

2. Invoice date and invoice number

3. Contract/order number

4. Taxpayer Identification Number (TIN)

5. Description, quantity, unit of measure, unit price, and extended price

6. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice .

D. GOVERNMENT INVOICE ADDRESS: Unless otherwise directed, all invoices from the contractor shall be mailed to the address cited on the Task Order documents.

E. PROPERLY SUBMITTED INVOICE: The invoice must contain specific information as listed below or the invoice shall be returned to the contractor within seven days after receipt, noting reasons why it is not a proper invoice. The agency payment office will no longer “hold” or “pen and ink” the invoice in an attempt to correct it. The contractor must correct and resubmit the invoice to the payment office where it will again be date stamped upon receipt.

F. PAYMENT TERMS: Once the properly submitted invoice is received, and services are accepted, the payment will be processed in accordance with the Prompt Payment Act. Notify the Contracting Officer or COR if payment is not received within ten (10) calendar days following the due date.

G. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor under this contract will be made in accordance with Electronic Funds Transfer (EFT) methods referenced in this solicitation. All required contractor information must be entered in the

Central Contractor Registration (CCR) database (www.ccr.gov). The CCR database information must also remain current.

H. PAYMENT STATUS: To receive a status regarding past due payments, contractors are encouraged to contact the PAYMENT INQUIRY branch at the USDA National Finance Center

(800) 421-0323 or 504-426-6510.

I. NOTIFICATION OF PAYMENTS: Contractors are encouraged to enroll in the U.S. Department of

Treasury’s Financial Management Service (FMS), Internet Payment Platform (IPP). To enroll in the IPP-PAID service, please call IPP’s toll-free number at (866) 973-3131 or email at bos.ipp.helpdesk@bos.frb.org. This service is free and provides contractors with advance notification of payments processed through EFT. For additional information, please refer to the

IPP-PAID website (https:www.ipp.gov/).

VETS-100 PROGRAM

In accordance with Title 38, United States Code, Section 4212(d), the U.S. Department of Labor

(DOL), Veterans' Employment and Training Service (VETS) collects and compiles data on the employment of veterans with Federal contractors and subcontractors. Federal contractors are required to submit one of two reports (VETS-100 and VETS-100A) and, in some cases, both reports.

The VETS-100 Report and the VETS-100A Report must be submitted each year between August 1 and September 30.

Per the recent DOL change, the Contractor need only report if the contract amount exceeds

$100,000. For this IDIQ, the threshold will be $100,000 for any year, base or optional year.

Contractor questions concerning VETS-100 reporting and reporting requirements to the U.S.

Department of Labor (DOL), Veterans' Employment and Training Service (VETS) at the following address:

U.S. Department of Labor

200 Constitution Ave., NW

Washington, DC 20210

By Phone:

National Toll-Free Contact Center. Live assistance is available Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time by calling, 1-866-4-USA-DOL (1-866-487-2365), TTY: 1-877-889-

5627.

Phone Numbers by Topic. Search for a Departmental phone number based on the topic of your question.

The Leadership Team. A list of phone numbers for key personnel in the Department.

General VETS-100 / VETS-100A Questions: Call the VETS-100 Service Center at (866) 237-0275 or email VETS100-customersupport@dol.gov. For international callers, please call (202) 693-

4715.

SECTION H

Special Contract Requirements

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

SECTION I

Contract Clauses

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):

[Insert one or more Internet addresses]

FAR 52.202-1 Definitions. (JAN 2012)

FAR 52.203-3 Gratuities. (APR 1984)

FAR 52.203-5 Covenant Against Contingent Fees. (APR 1984)

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

FAR 52.203-7 Anti-Kickback Procedures. (OCT 2010)

FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity. (JAN 1997)

FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

FAR 52.203-16 Preventing Personal Conflicts of Interest. (DEC 2011)

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.

(May 2011)

FAR 52.204-7 Central Contractor Registration. (DEC 2012)

FAR 52.204-12 Data Universal Numbering System Number Maintenance (DEC 2012)

FAR 52.204-13 Central Contractor Registration Maintenance (DEC 2012)

FAR 52.207-3 Right of First Refusal of Employment. (MAY 2006)

FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--

Representation. (MAY 2011)

FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (DEC 2010)

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

(FEB 2012)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (MAY 2012)

FAR 52.215-2 Audit and Records - Negotiation. (OCT 2010)

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

FAR 52.217-2 Cancellation Under Multi-year Contracts. (OCT 1997)

FAR 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

FAR 52.219-8 Utilization of Small Business Concerns. (JAN 2011)

FAR 52.222-3 Convict Labor. (JUN 2003)

FAR 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation.

(JUL 2005)

FAR 52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

FAR 52.222-26 Equal Opportunity. (MAR 2007)

FAR 52.222-35 Equal Opportunity for Veterans. (SEP 2010)

FAR 52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010)

FAR 52.222-37 Employment Reports on Veterans. (SEP 2010)

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act.

(DEC 2010)

FAR 52.222-41 Service Contract Act of 1965. (NOV 2007)

FAR 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment

(Multiple Year and Option Contracts). (SEP 2009)

FAR 52.222-50 Combating Trafficking in Persons. (FEB 2009)

FAR 52.222-54 Employment Eligibility Verification. (JUL 2012)

FAR 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

FAR 52.223-6 Drug-Free Workplace. (MAY 2001)

FAR 52.223-14 Toxic Chemical Release Reporting (AUG 2003)

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.

(AUG 2011)

FAR 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

FAR 52.227-1 Authorization and Consent. (DEC 2007)

FAR 52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

FAR 52.228-71 Insurance Coverage. (NOV 1996)

FAR 52.229-3 Federal, State, and Local Taxes. (APR 2003)

FAR 52.232-1 Payments. (APR 1984)

FAR 52.232-17 Interest. (OCT 2010)

FAR 52.232-18 Availability of Funds. (APR 1984)

FAR 52.232-23 Assignment of Claims. (JAN 1986)

FAR 52.232-25 Prompt payment. (OCT 2008)

FAR 52.232-26 Prompt Payment For Fixed-Price Architect-Engineer Contracts. (OCT 2008)

FAR 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration.

(OCT 2003)

FAR 52.232-36 Payment by Third Party. (FEB 2010)

FAR 52.232-37 Multiple Payment Arrangements. (MAY 1999)

FAR 52.233-1 Disputes. (JUL 2002)

FAR 52.233-3 Protest after Award. (AUG 1996)

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

FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements. (APR 1984)

FAR 52.236-73 Archaeological or Historic Sites. (FEB 1988)

FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

(APR 1984)

FAR 52.237-3 Continuity of Services. (JAN 1991)

FAR 52.242-13 Bankruptcy. (JUL 1995)

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

FAR 52.243-1 Changes - Fixed-Price. (AUG 1987) - Alternate II (APR 1984)

FAR 52.244-5 Competition in Subcontracting. (DEC 1996)

FAR 52.244-6 Subcontracts for Commercial Items. (DEC 2010)

FAR 52.246-25 Limitation of Liability - Services. (FEB 1997)

FAR 52.249-4 Termination for Convenience of the Government (. (APR 1984)

FAR 55.249-8 Default (fixed Price Supply and Services (APR 1984)

FAR 52.253-1 Computer Generated Forms. (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

FAR 52.204-99 -- System for Award Management Registration (DEVIATION)

Except for awards where the Government wide purchase card (GPC) is used as the method of payment, contracting officers shall include the attached clause 52.204-99, System for Award

Management Registration, in lieu of FAR clause 52.204-7, Central Contractor Registration, and

DFARS 252.204-7004, Alternate A, Central Contractor Registration.

System for Award Management Registration (August 2012) (DEVIATION)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the

Government.

"Commercial and Government Entity (CAGE) code" means-

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code."

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

"Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the

DUNS+4 number, into the SAM database;

(2) The Contractor's CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the

Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4 validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations , or by the Government Accountability Office.

(b)

(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

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

(1) A contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call

Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

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

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible 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.

(g)

(1)

(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting

Officer sufficient documentation to support the legally changed name with 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 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting

Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause, or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the 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.

(2) 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 FAR 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.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-

206-7828 for international calls.

FAR 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

(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 account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

FAR 52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Contract Award for the duration of the contract (or up to 5 calendar years)

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

FAR 52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of $100,000.00;

(2) Any order for a combination of items in excess of $100,000.00; or

(3) A series of orders from the same ordering office within [10]days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection FAR

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within [ ]days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after [insert date].

FAR 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. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.

The Contracting Officer may exercise the option by written notice to the Contractor a minimum of 1 day prior to the contract expiration.

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 10 calendar days of the annotated expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least [ 30 ]days (60 days unless a different number of days is inserted) 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 [5 years].

FAR 52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2012)

(a) Definitions. As used in this clause -

"Long-term contract" means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at FAR 52.217-8, Option to Extend Services, or other appropriate authority.

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.