RFQ_Solicitation_UGN_ChemicalSitePrep.docm

Solicitation: AG-3434-S-16-0002

Solicitation : AG-3434-S-16-0002 Project Name: Upper Greenbrier Foliar Herbicide Unit: Monongahela National Forest

DATE

AG-3434-S-16-0002

DATE

11/06/2015

Jeff Kochenderfer, Contract.Ofcr Rep.

calls) 304-636-1800 x345 304-257-4488 x7117

LOCAL TIME

12/10/2015

INFORMATION CALL:

4:30 p.m.

9. ISSUED BY CODE

10. THIS ACQUISITON IS |_| UNRESTRICTED OR X SET ASIDE: __100_% FOR

USDA – Forest Service Monongahela National Forest

X SMALL BUSINESS |_| WOMEN-OWNED SMALL BUSINESS (WOSB)

|_| HUBZONE SMALL

200 Sycamore St.

Elkins, WV 26241

BUSINESS

|_| EDWOSB NAICS: 115310

|_| SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD: $7.5 mil.

SMALL BUSINESS |_| 8(A)

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

X RFQ |_| IFB |_| RFP

15. DELIVER TO CODE

See Delivery Schedule

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR ADDRESS CODE

Contractor: _____________________________

Address: _____________________________

DUNS Number. ______________________________

18a. PAYMENT WILL BE MADE BY CODE

Invoice Processing Platform (IPP)

All invoices must be submitted electronically through the Invoice Processing Platform (IPP) via www.ipp.gov.

TELEPHONE : _________________________________

|_| SEE ADDENDUM

FOLIAR HERBACIDE SPRAY – SITE PREP - UPPER GREENBRIER PROJECT - MONONGAHELA NATIONAL FOREST Provide all materials, labor, equipment and supervision for foliar application of herbicide as per the attached specifications and conditions. Location is Monongahela National Forest, Greenbrier Ranger District, Pocahontas County, West Virginia.

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

See Schedule of Items on Page 4

25. ACCOUNTING AND APPROPRIATION DATA

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Pre-quote meeting scheduled for November 19, 2015. (Please see page 3).

DUNS#_____________________

Registered in SAM?___________

100% Set-Aside for Small Business

Contractors must be registered in System for Award Management (SAM) formerly CCR, before award of a purchase order can be made. ( www.sam.gov)

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

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

CORRECT FOR

PARTIAL FINAL

|_| COMPLETE |_| PARTIAL |_| FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

Solicitation: AG-3434-S-16-0002 Project Name: Upper Greenbrier Foliar Herbicide

CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals.

2. GOVERNMENT: Completed packages should be received by close of business on December 10, 2015 at the address shown below. Please complete and return pages 1, 2, 4, 28-30, 34-36. Faxed or emailed quotes will NOT be accepted.

3. PRE-QUOTE CONFERENCE: A project tour is scheduled for 10:00 AM, November 19, 2015 beginning at the Greenbrier Ranger District Office, Route 250, 7409 Staunton-Parkersburg Turnpike, Bartow, WV. A site visit will follow. Location maps are included with this solicitation. For further information, please call Contracting Officer’s Representative, Jeff Kochenderfer at 304-257-4488, ext. 7117.

4. PROJECT LOCATIONS: Please see maps attached.

5. INVOICES: The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov. Your company must register at https://www.ipp.gov to establish an account in order to submit an invoice on this project.

6. SYSTEM FOR AWARD MANAGEMENT (SAM): Contractors must register in the System for Award Management (SAM) database (www.sam.gov) before a purchase order can be awarded. (Formerly CCR) Registration in that database is free of charge. If you were registered in CCR, that registration will have carried over to SAM.

7. CONTRACT TIME: Contract time for this project will be between June 1, 2016 and September 15, 2016.

8. SERVICE CONTRACT ACT WAGE RATES APPLY TO THIS CONTRACT: Wage Determination for Forestry and Land Management Services, WD 81-1254 (Rev.-39) dated 07/14/2015 is provided at the end of this solicitation and should be considered when you complete your quotation.

9. NOTICE TO PROCEED:

No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

10. PRE-WORK CONFERENCE:

Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the CO.

PART 1—THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

Schedule of Items

ITEM

NO

DESCRIPTION

ESTIMATED

QUANTITY

UNIT

UNIT

PRICE

AMOUNT

BASE ITEM

Burner Mt. Area:

-Units 16, 25, 28, 42, 43, and 60

Acre

TOTAL BASE ITEM

OPTIONAL ITEM 1

1A

Elklick Area -Units 6, 7, 10, 11, 14, and 68

OPTIONAL ITEM 2

1B

Snorting Lick Area -Units 67, 69, 72, and 73

TOTAL OPTIONAL ITEMS

OPTIONAL ITEMS TO BE AWARDED PENDING AVAILABILITY OF FUNDS.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DIVISION 100 – GENERAL SPECIFICATIONS

110 - Scope of Contract. Contractor shall furnish all equipment, labor, transportation, supervision, materials and supplies (to include herbicides and surfactants) and other incidentals necessary to perform all work required for chemical site preparation for natural regeneration by:

· Herbicide application of herbicide to ferns, grasses, and other understory vegetation in accordance with the specifications and provisions of the contract.

The Government will furnish no materials, labor, or equipment unless specifically identified (see section 140 below).

120 – Description and Location. The areas to be treated are within the boundaries of the Monongahela National Forest (MNF), Greenbrier Ranger District, Pocahontas County, West Virginia (see Vicinity Map – Attachment A and Location Map – Attachment B). Each unit is usually less than 40 acres and greater than 20 acres in size, although a few units may be smaller or larger than this.

121 - The general location of and access to each area will be shown on a project area map of each area. Topographic maps will be provided at the pre-work conference. Most of the units are accessible by roads, although sometimes the roads. Equipment may need to be trammed into units that do not have road access. Where units are behind locked gates, the Contractor will be responsible to ensure that gates remain closed and locked at all times and will be subject to all other restrictions of administrative use.

130 – Contractor Furnished Property, Services, Responsibilities and Obligations. The Contractor shall furnish all equipment, labor, transportation, supervision, materials and supplies (to include herbicide and surfactant) and other incidentals necessary to apply herbicide in accordance with these specifications.

131 – Contractor Supplied Sprayer – As specified in Contractor’s proposal.

132 – Project Supervisor – The Contractor shall designate in writing one person on the job to act as the Project Supervisor, representing the company in all contractual matters that require prompt attention. This person should be familiar with all equipment being used and shall attend any pre-work meetings.

133 – Certification – The Contractor shall have a representative on the site to supervise the mixing, loading, and application of herbicide who holds a current pesticide use applicator license in the State of West Virginia.

134 – Flagging – The Contractor shall use only biodegradable or photodegradable flagging.

140 – Government Furnished Property. None.

DIVISION 200 – TECHNICAL SPECIFICATIONS

220 – Application Instructions. Equipment Requirements - To avoid contamination of areas not scheduled for treatment, Contractor must ensure that the spray system has no leaks, and does not have excessive dripping from the nozzles.

Prior to herbicide application on the MNF, the Contractor shall ensure all tanks and application equipment are clean of residual herbicide or material from other applications.

Prior to starting application on MNF lands, all herbicide application equipment will be visually inspected to ensure it is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. The Contractor shall not move herbicide application equipment which last operated in an area that is infested with one or more invasive species of concern (see Attachment C) into a treatment area without using whatever cleaning measures are necessary to ensure the equipment is free of noxious weeds. Disassembly of equipment components or specialized inspection tools is not required. The Contractor must advise the COR or Project Inspector what measures were taken to clean the equipment following use on non-MNF lands or an area infested with an invasive species, and arrange for Forest Service inspection prior to use of equipment. Equipment shall be considered free of soils, seeds, or other such debris when a visual inspection does not disclose such material. If the Contractor desires to clean the equipment on National Forest land, the Contractor and Forest Service shall agree on locations for the cleaning and control of off-site impacts, if any.

Sometimes portions of the treatment area will not be able to be traversed by a motorized sprayer because of steep slopes, pipelines, or large rocks. If these inaccessible areas are less than 1 acre in size they are considered inclusions and may be left untreated (determined by the COR or Project Inspector). However, any areas larger than 1 acre that are inaccessible by the motorized sprayer will be dropped from treated acreage total for payment purposes.

221 - Herbicide. The Contractor shall furnish the required quantities of glyphosate (Glypro herbicide Manufactured by/Dow – EPA Reg. No. 62719-324) or equivalent, sulfometuron-methyl (Oust XP herbicide Manufactured by/DuPont – EPA Reg. No. 352-601) or equivalent, imazapyr (Arsenal AC Manufactured by/BASF – EPA Reg. No. 241-299) or equivalent, and a surfactant using nonylphenol ethoxylates plus isopropanol and free fatty acids in a 90% active formulation.

The herbicide carrier will be water obtained from approved domestic water systems or other approved fresh water sources. The COR may approve, on occasion, water drafting zones to supplement domestic water trucked to treatment areas, if it is convenient to application operations and the COR approves the drafting site prior to drafting. The MNF reserves the right to reject any water drafting zones it regards as unsuitable. Any water supply must be approved by the Forest Service, have no visible suspended sediments, and water hardness not to exceed 60 mg. per liter.

222 - Application Rates.

Rates per acre: Oust – 2 oz./acre Glyphosate – 2 qt./acre Arsenal AC – 2 oz./acre Surfactant – 1.25 pt./acre

Herbicide solution will be applied at the rate of 25 gallons per acre, within limits of ± 20% on average of all units, or -25% to +50% on any one unit.

223 - Equipment Calibration and Spray Characterization. The Contractor shall be required to calibrate and characterize the spray system to the specified application rate. Forest Service personnel will observe this activity which will occur at a mutually agreed upon location, date, and time before work begins on this project, and during the project if required by the Forest Service. Water shall be used for this exercise.

224 - Application. Forest Service personnel have marked spray area boundaries with orange paint. In accordance with the Forest Service NEPA documentation the following procedures are required:

1. Before beginning treatment in an area, the COR or Project Inspector and the Contractor and/or Project Supervisor will walk through the area to review special conditions or areas to avoid during spraying.

1. Seeded roads or landings will not be treated with herbicides.

1. Contractor shall avoid damaging saw timber and pole timber crop trees, or snags, with the spray equipment.

1. When spraying around outer boundaries of units or buffer strips, equipment shall travel adjacent to the perimeter, with spray directed away from boundary whenever possible.

1. Application of spray material shall be confined to the designated spray area. Buffer areas or places where spraying is not permitted will be identified by the COR or Project Inspector prior to beginning a unit. The boundaries of these buffer areas may or may not have been painted or flagged. Required buffer distances for water quality are as follows:

1. 100 feet wide along each side of perennial streams, impoundments, or intermittent streams flowing water the day of spraying.

1. 50 feet wide along each side of dry intermittent stream channels and spring seeps.

1. 25 feet wide along each side of ephemeral stream channels and around wet areas having no defined outlet.

1. Herbicide application will be done between June 15 and September 15.

1. All ferns, grasses, and understory vegetation would be sprayed to a height of at least 12 feet.

225 – Climatic Limitations. Spraying operations shall not occur when any of the following conditions exist:

1. The wind exceeds 10 mph in the open or 4 mph under the canopy, or

1. Rain, fog, or morning dew causes moisture to drip from the foliage, or

1. Air turbulence (thermal updrafts, etc.) is so great at the spray area as to seriously affect the normal spray pattern, or

1. Rain is anticipated within 4 hours at the spray area. (The COR or Project Inspector will inform the Contractor when the weather conditions indicate that rain is reasonably expected).

Contractor may be required to respray any area or portion of an area treated where rain falls within 4 hours of the time of treatment. Compensation will be made to the Contractor for this respray at the calculated per acre rate for the area within which the respray occurs, using the unit price and the acreage specified in the Schedule of Items section.

230 – Safety. The Contractor or his Project Supervisor shall report all accidents or incidents associated with this contract to the Contracting Officer within 24 hours. This report shall contain description, cause, and future actions contemplated to avoid future occurrences.

Accidents, as used throughout this contract shall mean destruction or substantial damage to the motorized spray equipment, the spray vehicle, or the service truck, and minor, serious, or fatal injury to personnel.

Incidents, as used throughout this contract shall mean any mishap, malfunction, or situation involving equipment or personnel, which results in a deviation from standard procedures or has the potential of resulting in an accident, injury, or death.

The Contractor shall comply with all Federal and State regulations for spraying herbicide.

At a minimum, the Contractor will ensure his employees apply the following safety rules for both hand and mechanical applications:

1. Read the safety information on the label.

1. Wear the proper protective clothing.

1. Keep first aid equipment and a supply of clean water readily available, including soap and eye wash equipment meeting OSHA regulations.

1. Do not work alone.

1. Haul only the needed amount of herbicide.

1. Stand upwind from the spray projects to avoid self-contamination.

1. Keep the container below eye level when pouring to avoid splashing or spilling any herbicide on the face or into the eyes.

1. If herbicides are spilled stop immediately, wash contaminated area, and remove contaminated clothing.

1. Wash hands after applying herbicides before eating or smoking.

240 – Care and Handling of Herbicide. The Contractor shall be responsible for the security of all herbicide, equipment, and materials furnished for this project. The Contractor shall protect the herbicide and take precautions to prevent loss or theft while it is in his custody. These measures shall include, but are not limited to the following:

1. The herbicide shall not be allowed to freeze.

1. Containers shall not be damaged to the extent that herbicide leaks are likely to occur.

1. The Contractor shall take precautions to prevent spills during transportation, mixing, and handling.

Personnel handling herbicides shall wear protective clothing and or equipment as recommended by the herbicide manufacturer. The Contractor will provide soap and water for personnel to wash with on the job site.

Herbicides shall not be applied or equipment cleaned outside of areas designated by the COR. Sites selected for mixing, loading, and cleaning of equipment shall be located so as to prevent contaminating streams, ponds, or spring seeps. The Forest Service will approve all such locations.

241 - Transportation of Herbicides. – Contractor is legally responsible for the safe transportation of herbicides. Contractor shall follow travel routes designated by the COR when transporting herbicides from the public road system to the treatment areas. Transport vehicles shall be parked inside the treatment area in a location designated by the COR. Transportation of chemicals used on this contract shall be in accordance with label instructions and generally approved and accepted procedures for safe transportation of herbicides. The following precautions as a minimum shall be taken by the Contractor to prevent spills, accidents, injury, or theft:

1. Transport herbicides in the cargo compartment of a truck or other vehicle away from the passenger compartment.

1. No personnel shall be permitted to ride in the back of a vehicle with the herbicide.

1. Herbicide shall not be transported in the same compartment with food or clothing.

1. If any herbicide is spilled in or from the vehicle, it shall be cleaned up at once.

1. Maintain herbicides in secure conditions.

242 - Herbicide Spills. Contractor shall be responsible for all costs for damages, clean up and decontamination should an herbicide spill occur. If a spill occurs, every effort shall be made to keep it from contaminating water and other off-site areas. The spill shall be cleaned up as quickly as possible. Herbicide spills shall be handled in accordance with the standard procedures for spill clean up (40 CFR 117).

The Contractor must have a spill prevention and clean-up plan approved by the COR prior to starting work. Herbicide wasted through spills greater than 5 gallons of diluted product, or 1 quart of undiluted product must be reported to the COR and the appropriate state and federal agencies immediately. This report shall contain description, cause, and future actions contemplated to avoid future occurrences.

243 - Disposal of Herbicide Containers. All empty containers will be rinsed 3 times, and rinse solution will be applied to the treatment site. Empty containers will be punctured and disposed of properly (according to label directions) by the Contractor. No empty containers will be left at the worksite.

250 – Resource Protection. The Contractor shall use every precaution necessary to prevent the pollution of any stream in or near the contract areas during the handling, transporting, and application of the herbicide. The Contractor shall be liable for the clean up of any spills or other pollution caused by his operations.

Upon completion of work at each area and prior to moving to the next area, all trash, rubbish, and debris generated by the Contractor’s operations shall be removed from National Forest land and properly disposed of.

260 – Protection of Improvements. The Contractor shall take every precaution necessary to prevent damage to any improvement in or near the contract areas, i.e., roads, trails, ditches, fences, etc. The Contractor shall be liable for any damages caused by his operations and shall make repairs promptly.

270 - Certification – The Contractor shall have a current commercial herbicide applicators license for the state of West Virginia and a representative to supervise the mixing, loading, and application of herbicide who holds a current pesticide use applicator license in the State of West Virginia. Copies of pesticide licenses must be provided with the Contractor’s proposal.

280 – Records. The Contractor shall maintain an accurate record of the herbicide used on each area. After completing each unit the Contractor’s Project Supervisor will submit the records to the COR.

DIVISION 300 – INSPECTION AND ACCEPTANCE

310 – Inspection Procedures. Inspections of the work performed under this contract will be made as the work progresses by the COR or the Project Inspector. Inspection will be at intervals necessary to insure compliance with the specifications, provisions and clauses of this contract.

320 – Satisfactory Treatment. It is inherent that some trees will be improperly treated and some degree of allowance should be made for improper treatment when the area is otherwise considered satisfactory. Therefore, an allowance will be made for acceptance of an area as satisfactorily treated if at least 90% of the designated trees or unit area have been treated in accordance with the contract specifications.

Herbicide treatments will be based on percentage of area effectively treated. Inspections for herbicide treatments will occur 7 to 14 days after spraying to determine effectiveness.

DIVISION 400 – MEASUREMENT AND PAYMENT

410 – Method of Measurement. Acreage listed in the Schedule of Items was determined by global positioning system (GPS) for this contract and is considered actual acreage.

The acreages shown in the Schedule of Items have not been reduced to account for inclusions of 1 acre or less which are unsuitable for spraying due to topography, soil conditions, standing water, or buffer strips (described in section 224 (e) above). Though some of these inclusions exist within the project areas, no reduction will be made in contract payment to account for them. All areas within units will be treated except for inclusions of 1 acre or less.

If the Contractor requests a remeasurement of any unit and the results of the remeasurement show that the acreage is more than 15% different from original measurement, the Government will pay at the unit price for the number of acres shown on the remeasurement and the cost of the remeasurement itself. If, however, the remeasurement shows the acreage to be within the 15% allowable variation, payment will be for the original acreage for that unit and the Contractor will pay for the cost of the remeasurement. The Forest Service will determine the method of remeasurement. The Forest Service will perform all remeasurements.

420 – Basis of Payment. Payment will be made at the unit price for the total number of acres completed and accepted. At least 95% of the designated trees or unit area must be treated in accordance with the contract specifications to receive full payment. The actual percent below 90% satisfactory will be deducted from the amount.

Payment will be made after the COR or Project Inspector have inspected the project areas, approved the work performed, and accepted the areas as complete. Partial payment for an area may be made if 1) the Contractor requests such payment, 2) the area meets the guidelines as described above, and 3) two or more units have been completed. If no partial payments are requested then payment will be made in one lump sum after final inspection and acceptance as described above

SECTION D.--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far/ the Agriculture Acquisition Regulations – www.dm.usda.gov/procurement/policy/agar.htm.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

SECTION E—CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (Nov 1996)

A post award conference with successful bidder is required. It will be scheduled after the date of contract award and prior to beginning work on the contract. The conference will be held at:

USDA Forest Service Monongahela National Forest Greenbrier Ranger District office 7409 Staunton-Parkersburg Turnpike Bartow, WV 24920

SECTION F—SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Supervisor, Licensed Operator.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the person being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is June 1, 2016 and September 15, 2016.

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS:

Pages

Experience/Past Performance Questionnaire ………………………….. 3 Service Contract Act Wage Determination …………………………… 4 Invasive Plant Species List……… ……………………………………. 1 License and Equipment Questionnaire………………………………… 1

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

CONTRACT CLAUSES

FAR 52.204-7 System for Award Management (JUL 2013) FAR 52.204-13 System for Award Management Maintenance (JUL 2013) FAR 52.204-16 Commercial and Government Entity Code Reporting (NOV 2014) FAR 52.204-18 Commercial and Government Entity Code Maintenance (NOV 2014) FAR 52.204-19 Incorporation by Reference of Representations & Certifications (DEC 2014) FAR 52.212-4 Contract Terms and Conditions--Commercial Items (DEC. 2014) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (MAR 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(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)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(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:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] _x_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(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.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(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)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (41) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(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.] __ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(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) (41 U.S.C. 3509).

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(x) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(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)

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS ALT 1 (DEVIATION 2012-01) (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

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

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

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

SAFETY AND HEALTH

SUBMITTALS

A. Safety and Health Programs: The Contractor shall submit, for approval, a safety plan, as applicable to the work scope.

INVOICING

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

SOLICITATION PROVISIONS

FAR 52.212-1 Instructions to Offerors—Commercial Items (APR 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish…