AG-3604-S-12-0027 Pesticide Spray Model Solicitation Package.pdf

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SERVICE RFP SOL NO: AG-3604-S-12-0027

UNIT: Morgantown, WV PROJ NAME: Pesticide Spray Model Development Services

TABLE OF CONTENTS

PAGES

SECTION DESCRIPTION

PART I - THE SCHEDULE

A SF-33, Solicitation, Offer and Award/Table of Contents 1-3

B Schedule of Items 4-6

C Description/Specifications/SOW 7-10

D Packaging and Marking 11

E Inspection and Acceptance 12

F Deliveries or Performance 13

G Contract Administration Data 14-16

H Special Contract Requirements 17-18

PART II - CONTRACT CLAUSES

I Contract Clauses 19-34

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

J List of Drawings and Attachments 35

Attachment A, CCR & Banking Information 64 Attachment B, SCA Wage Determination No. 05-2573 65-72

Attachment C, Sample Proper Invoice 73-74

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K Representations, Certifications, and Other 36-58 Statement of Offerors L Instructions, Conditions, & Notices to Offerors 59-61 M Basis for Award 62-63

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B.1 DESCRIPTION OF REQUIREMENT

The contractor shall provide all necessary material, management, supervision, labor, equipment, and other incidentals including postage required to provide professional services as described in Section C.

The term of this contract will be a twelve (12) month base period, with four (4) one year (12 month) option periods, if exercised. The base period of this contract shall commence in approximately August 2012.

B.2 OFFER FOR PROFESSIONAL SERVICES

For the Base Period and each of the four (4) Option Periods, quote burdened hourly rates as described in Section C.

0100 BASE PERIOD (on or about August 7, 2012 to August 6, 2013)

ITEM NO. DESCRIPTION UNIT UNIT PRICE

0101 Senior Staff Hour $ ____________

0102 Support Staff Hour $ ____________

0200 OPTION PERIOD 1 (on or about August 7, 2013 to August 6, 2014)

ITEM NO. DESCRIPTION UNIT UNIT PRICE

0201 Senior Staff Hour $ ____________

0202 Support Staff Hour $ ____________

0300 OPTION PERIOD 2 (on or about August 7, 2014 to August 6, 2015)

0301 Senior Staff Hour $ ____________

0302 Support Staff Hour $ ____________

PROJ NAME: Pesticide Spray Model Development Services

0400 OPTION PERIOD 3 (on or about August 7, 2015 to August 6, 2016)

ITEM NO. DESCRIPTION UNIT UNIT PRICE

0401 Senior Staff Hour $ ____________

0402 Support Staff Hour $ ____________

0500 OPTION PERIOD 4 (on or about August 7, 2016 to August 6, 2017)

0501 Senior Staff Hour $ ____________

0502 Support Staff Hour $ ____________

B.3 OFFERORS PLEASE NOTE:

A. For all travel costs, the contractor is to follow the Federal Travel Regulations.

B. Before preparing your offer, carefully review Sections K, L, and M.

C. One contract will be awarded in accordance with the evaluation factors in Section.

D. A post award pre-work meeting will be scheduled with the successful offeror/contractor.

This meeting must take place within ten (10) days of contract award.

E. This requirement is a total small business set aside. The NAICS Code for this acquisition is 541712, with a small business size standard of 500 Employees.

F. Contractors are required to be registered in the Central Contractor Registration (CCR) per

FAR 52.204-7, Central Contractor Registration – See Attachment A.

B.4 PERIOD OF THE CONTRACT

This contract is for a Base Period from approximately August 2012 thru August 2013, plus four (4) option periods, if exercised. This is a unilateral right of the Government to extend. Each time an option to extend is exercised; it will be for a period of one additional period. Contractor will be notified in accordance with appropriate clause contained in Section I.

B.5 TYPE OF CONTRACT

The Government contemplates award of a Firm-Fixed Price Indefinite Delivery/Indefinite Quantity (IDIQ) multiple year contract resulting from this solicitation.

PROJ NAME: Pesticide Spray Model Development Services

B.6 AGR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $20,000.00, but not in excess of $100,000.00 for the Base Period. The Government shall place orders totaling a minimum of $10,000.00, but not in excess of $100,000.00 for each Option Period, if exercised.

(End of Clause)

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

Statement of Work (SOW) for Pesticide Spray Model Development

C.1 GENERAL INFORMATION

The successful contractor will support the objectives of the USDA Forest Service (FS) Forest Health Technology Enterprise Team (FHTET) Applications Technology Program by providing expertise on engineering and computer software design in the area of pesticide application technology. In-depth and thorough knowledge of the two primary USDA FS supported pesticide application models (AGDISP and SprayAdvisor) is critical to the successful completion of the work under this contract as those models are the software platforms that all new engineering development will be implemented into.

The AGDISP model was originally designed to calculate deposition of pesticide sprayed from aircraft.

Over the years, the AGDISP platform has evolved to include many other algorithms such as a model to calculate pesticide deposition from ground sprayers, a droplet size calculator etc. The widely used AgDrift model is derivative of an older version of AGDISP while the SprayAdvisor model implements AGDISP into a GIS framework. AGDISP and AgDrift are both used by EPA in a regulatory setting.

C.2 LOCATION AND PROJECT HOURS

Location: USDA Forest Service 180 Canfield Street Morgantown, WV 26505

The Technical Point of Contact (Forest Service Employee) is located at the Forest Service facility in Morgantown, WV. However, the majority of the work will be performed at the Contractor’s own office location.

C.3 PERFORMANCE

The hours of performance will be determined by the Contractor and the Forest Service Technical Point of Contact.

C.4 CONTRACTOR’S RESPONSIBILITIES

The contractor will aid the Forest Service in the following:

A. Continued development of modeling of standard ground spraying equipment and spray practice to develop a regulatory modeling tool. An algorithm exists in AGDISP to do this but it is not sophisticated enough to meet the needs of EPA and other agencies that bear on USDA Forest Service (FS) pesticide application activities. This development activity will require knowledge of and coordination with many other technical groups including internationally with groups in the UK, New Zealand , Australia and mainland Europe. The deliverable will need to be vetted through the technical community and published in the peer reviewed literature as well as incorporated into the AGDISP simulation platform.

B. Conversion of the basic Lagrangian algorithm in AGDISP and related models to a random walk to make AGDISP et al. more realistic in three dimensions. The current algorithm is used widely by both EPA and the USFWS to evaluate pest control activities and products of import to the FS.

This major modification will change the core computational algorithm so that AGDISP more realistically models plum spreading and is better suited for the spatial context of SprayAdvisor.

This will be a major change, will be completed in steps and may require that we restructure the whole family of models and the application of these techniques. This modification will be thoroughly tested independently of the developers.

C. Support of the AGDISP integration into SprayAdvisor and subsequent development. AGDISP is used as the core computational model in the GIS based model SprayAdvisor. The interfacing and updating of this interface as AGDISP changes is not trivial. The conversion of AGDISP output into GIS layers and spatial information is a significant task. SprayAdvisor development will not be the primary responsibility of the successful contractor but it is critical that they fully support and understand this interface. This will require close cooperation between the successful contractor and current FS cooperators.

D. Development of elution models for pheromone releasers. The FS is very interesting in replacing certain classes of pesticides with insect pheromones that occur naturally in the environment.

Pheromone pest control has been an active area of research for fifty years or more but has gained momentum lately as more strategies become available and existing strategies are refined. The FS has been active in building models that will calculate where the pheromone gas will move in relation to the pest habitat after the releaser is deployed. A critical part of this understanding is knowing how much pheromone is being released from the man made releasers at a given time.

This is critical information to pest managers as they need to know when to replace releasers.

Due to often remote deployment of the releasers and the cost of the pheromone, refining this knowledge can reduce operational costs and increase the likelihood of success.

E. Support of the AGDISP model including coding changes as they arise, addressing modeling errors of all kinds (syntactic, logical etc.) and addressing regulatory modeling issues and short turn around technical questions. This tool is widely used and questions frequently arise that the FS needs support in addressing. Answering these needs and requests will be metered out through the FS as tasking under this contract. This emphasizes the need for the successful contractor to have a thorough understanding of these models and of pesticide application practice, equipment and methods.

F. Modeling spraying from backpack sprayers and utility vehicles (John Deere Gators, Kawasaki Mules, etc.). This type of modeling is a specific need of the FS as much treatment along right of ways, roads etc. conducted by the FS involves this type of vehicle. There has been a specific need to understand how much of this type of spraying ends up in water. Without detailed information, the current buffers are set very conservatively often precluding treatment of areas that need to be treated for invasive weeds etc. The data for this model development will be provided by the FS and the creation of the model will be conducted by the contractor. This model will be added to the AGDISP platform and published in the peer reviewed literature. The development will be conducted with the cooperation of regulators to insure that results of the model will be acceptable to them.

G. Modeling of long range pesticide drift is an ongoing issue that has been brought to a head lately due to the use of long range drift predictions by the US Fish and Wildlife Service and the National Marine Fisheries Service as part of their mandate to protect endangered species. As AGDISP is the best known tool to predict drift, it is often used to make predictions at distances that are outside of the modeling domain. The FS is developing two approaches to long range drift. In both of these approaches, AGDISP is used as a source model and interfaced with established EPA accepted long range air pollution models. The successful contractor will cooperate with the developers of the EPA models to create a correct interface of AGDISP into these models.

H. It is expected that over the course of this contract new technical issues will arise. New topics will be addressed through tasking to the contractor.

C.5 QUALIFICATIONS OF CONTRACTOR & CONTRACTOR’S PERSONNEL

A. The contractor shall assume complete responsibility for satisfactorily performing and managing each task order the Government issues against this contract.

B. The Contractor shall meet the following minimum qualifications:

a. Senior Staff – Doctorate Degree (Ph.D.)

b. Support Staff – Bachelor’s Degree

C. The personnel employed by this contract and working on this contract shall be capable employees, qualified and educated appropriately for this type of work. “Experienced personnel are those who exhibit the capability of operating with a minimum of supervision.

C.6 GOVERNMENT-FURNISHED PROPERTY (GFP) & DATA

The Government shall provide for the Contractor’s review and/or use such information, materials, or equipment in its possession as it deems pertinent; and, as it deems reasonably available for the specific project(s) being performed by the Contractor. Forest Service personnel, including the Contracting Officer’s Representative (COR) will be available and shall be consulted for technical information as needed for the timely and efficient performance of the services required. All GFP or data provided to the Contractor shall be signed for by the Contractor, and shall be promptly returned to the Government upon completion and/or termination of the task order.

C.7 MEETINGS & CONFERENCES

Periodic meetings shall be held whenever requested by the Government or the Contractor for discussion of questions and problems relating to the work required under each Task Order. The Contractor shall attend and participate in all conferences/meetings pertinent to the work at the Contractor’s Office, Government Office, or other locations as directed by the Government.

C.8 TRAVEL COSTS

While all costs including travel are to be incorporated into the Contractor’s fixed price for each Task Order, certain restrictions apply to the amount of travel allowed in the Contractor’s proposal. The maximum reimbursement for travel costs shall be limited to the allowance in the Code of Federal Regulations (CFR), 41 CFR Chapter 301 – Travel Allowances in effect at the time the Task Order is issued. Per Diem reimbursement is not permitted for travel of 10 hours or less. Per Diem for partial days of travel shall be at 75% of a full day’s rate.

C.9 ISSUING TASK ORDERS

Individual projects contemplated will be sent to the contractor for pricing prior to issuance of any Task Order. The contractor shall submit a detailed proposal to the Government outlining the hourly costs, material, etc. The Government will issue a written Task Order against the IDIQ. Task Orders for a project will contain a firm-fixed amount that will be the total compensation for that project. This amount shall not be changed unless the requirements of the project are changed; and then only if the Contracting Officer signs a prior written modification. Each Task Order shall include, at a minimum, the following:

a. The Contract Number

b. Task Order Number

c. Authorized signature of the warranted Contracting Officer (CO)

d. Detailed description of the task or service to be performed

e. Firm-fixed price for the project

f. Firm delivery dates

g. Designation of Contracting Officer’s Representative (COR)

h. Government Furnished Property (GFP), Data, or Supplies (if applicable)

i. Relevant information discussed in the pricing/scope negotiations

j. Any additional details deemed appropriate by the CO

C.10 ISSUING MODIFICATIONS TO TASK ORDERS

Any change to a Task Order will be made in writing as a modification. Task Order Modifications will be issued only by the Contracting Officer (CO), and shall be identified as a modification of a specific Task Order. The amount of the original Task order shall not be changed unless the requirements of the project are changed; and then only by written modification by the CO.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

E.2 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

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

(b) Inspection and acceptance will be performed randomly at USDA Forest Service, Northern Research Station, Morgantown, WV.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

F. 2 AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from approximately August 2012 to August 2017.

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

SECTION G--CONTRACT ADMINISTRATION DATA

G. 1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It must be scheduled within ten (10) days after the date of contract award. Point of contact is Dr. Harold Thistle at 304-285-1574 (office);

304-904-6262 (cell); or hthistle@fs.fed.us

G. 2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed, as soon as possible, of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR, provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists & there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G. 3 PROJECT MANAGER

The offeror is requested to designate a Project Manager to be contacted for prompt contract administration: (Name) _________________________________________

Telephone Number (including cell phone if available): _________________________________

The contractor shall provide a Project Manager who shall have the authority to make any no-cost contract technical, hiring and dismissal decisions, or special arrangements regarding this contract. This individual shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager, or a designated representative, shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the Contracting Officer’s Representative (COR) to discuss problem areas as they occur. The Project Manager or his/her representative shall respond within four hours after notification of the existence of a problem. The Project Manager shall be able to fluently read, write, and speak the English language.

mailto:hthistle@fs.fed.us

PROJ NAME: Pesticide Spray Model Development Services

G. 4 INVOICE REQUIREMENTS

Monthly payments, in arrears, will be issued. The COR will inspect and accept work. Contractor is to keep a record of dates worked with total hours, and location of work. These records must be submitted with the monthly invoice. Please indicate if no work was required in a particular month. Please forward an original proper invoice to the Contracting Officer's attention at the below address in Paragraph G.6.

The following is guidance for submitting a proper invoice for payment. A Sample Proper Invoice is also attached.

G.5 GUIDANCE FOR SUBMITTING A PROPER INVOICE FOR PAYMENT

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

A proper invoice includes:

• Name and address of the Contractor

• Invoice date and invoice number

• Contract/order number

• Taxpayer Identification Number (TIN)

• Description, quantity, unit of measure, unit price, and extended price

• Shipping and payment terms (unless mutually agreed that this information is only required in the contract)

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

G.6 SUBMIT INVOICE BY MAIL TO:

1.) USDA Forest Service – Northern Research Station ATTN: Maria Evans 11 Campus Blvd, Suite 200 Newtown Square, PA 19073 BY E-MAIL TO: mtevans@fs.fed.us BY FAX TO: 610-557-4224

2.) USDA Forest Service – FHTET ATTN: Dr. Harold Thistle, Program Manager 180 Canfield Street Morgantown, WV 26505 BY E-MAIL TO: hthistle@fs.fed.us BY FAX TO: 304-285-1564

Once a proper invoice has been received and approved, payment will be processed in accordance with the Prompt Payment Act and contract terms.

mailto:mtevans@fs.fed.us mailto:hthistle@fs.fed.us

PROJ NAME: Pesticide Spray Model Development Services

G.7 GOVERNMENT-FURNISHED PROPERTY (GFP) & DATA

The Government shall provide for the Contractor’s review and/or use such information, materials, or equipment in its possession as it deems pertinent; and, as it deems reasonably available for the specific project(s) being performed by the Contractor. Forest Service personnel, including the Contracting Officer’s Representative (COR) will be available and shall be consulted for technical information as needed for the timely and efficient performance of the services required. All GFP or data provided to the Contractor shall be signed for by the Contractor, and shall be promptly returned to the Government upon completion and/or termination of the task order.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

CLAUSE INCORPORATED BY FULL TEXT

H.1 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(End of Clause)

H.2 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

- Senior Staff

- Support Staff

(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

PROJ NAME: Pesticide Spray Model Development Services 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 persons 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.

PART II--CONTRACT CLAUSES

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 addresses:

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

52.202-1 Definitions (JAN 2012) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (OCT 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (May 2012) 52.212-4 Contract Terms and Conditions -- Commercial Items (FEB 2012) 52.215-2 Audit and Records – Negotiation (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997) 52.217-2 Cancellation Under Multi-Year Contracts (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation (JUL 2005) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-35 Equal Opportunity for Veterans (Sep 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-41 Service Contract Act of 1965 (NOV 2007) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (MAY 2012) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.228-5 Insurance - Work on a Government Installation (JAN 1997) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-11 Extras (APR 1984) 52.232-17 Interest (OCT 2010) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt payment (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JUL 2002) http://www.arnet.gov/far/

PROJ NAME: Pesticide Spray Model Development Services

52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes - Fixed-Price (AUG 1987) -- Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2010) 52.245-1 Government Property (APR 2012) 52.246-25 Limitation of Liability – Services (FEB 1997) 52.248-1 Value Engineering (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION CLAUSES (48 CFR CHAPTER 4)

AGAR 452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) AGAR 452.237-75 Restrictions Against Disclosure (FEB 1988)

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (FEB 2012)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“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 CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) 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 validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

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

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror 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 offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror 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) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR 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 a minimum of one business day’s written notification of its intention to:

http://fedgov.dnb.com/webform

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (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 CCR 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 CCR 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 CCR database. Information provided to the Contractor’s CCR 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) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423, or 269-961-5757.

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.

https://www.acquisition.gov/

52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAY 2012)

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

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

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

_X__ (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

_X__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

___ (11) [Reserved]

___ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

_X__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)

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

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

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

___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

_X__ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C.

632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O.

13126).

_X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.

793).

_X__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (34) 52.222-54, Employment Eligibility Verification (Jan 2009). (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) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

_X__ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

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

_X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (May 2012) (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, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, and 112-42).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Mar 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct.

2003) (31 U.S.C. 3332).

___ (48) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

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

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

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

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

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

351, et seq.).

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

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

L. 110-247).

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

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

(1) The Comptroller General of the United States, or an…