Solicitation_AG-4D90-S-16-0039_Forestry_Assistance.pdf

AG-4D90-S-16-0039

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 50

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

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M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

81664109/06/2016 X

NRCS-HQ-124D90

NRCS-HQ-124D90

USDA-NRCS CONTRACTING TEAM 4

1400 INDEPENDENCE AVENUE, SW

ROOM 6801-S

WASHINGTON DC 20250

1730 ET 09/20/2016

CHANDA M SOW 614

CHANDA.SOW@OH.USDA.GOV

255-2496

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PAGE(S)

CHANDA M. SOW

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

1-2 3-7

8-13 N/A N/A 13-14 N/A

14-35

37-43

44-47

48-50

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 50

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-4D90-S-16-0039

(A) (B) (C) (D) (E) (F)

Indefinite Delivery Indefinite Quantity contract for forestry assistance for insect and wildfire tree mortality and forest health improvements within the State of California for NRCS.

Indefinite Delivery Indefinite Quantity contract for forestry assistance for insect and wildfire tree mortality and forest health improvements within the State of California for NRCS.

Delivery: 09/30/2017

Delivery Location Code: NRCS-CA-129104

USDA-NRCS-CALIFORNIA STATE OFFICE

430 G STREET

SUITE 4164

DAVIS CA 95616-4164 US

FOB: Destination

Period of Performance: 09/30/2016 to 09/30/2017

001 Indefinite Delivery Indefinite Quantity contract for forestry assistance for insect and wildfire tree mortality and forest health improvements within the State of California for NRCS.

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

Solicitation # AG-4D90-S-16-0039

Forestry Assistance – NRCS California

SECTION B – SERVICES AND PRICE

B.1 Contract Line Item Numbers (CLIN) Descriptions

CLIN 001 – Forest Management Plans. See Performance Work Statement. This CLIN is a fixed cost per plan. Contract may provide a different cost per plan based on acreage. Identify these costs below in Section B.2 Price Schedule.

CLIN 002 – Forestry project design, installation, and checkout: This CLIN is a fixed cost per acre for each item (design, install, checkout). Provide bid for each service item by project size category.

More than one NRCS forestry practice is often implemented on the same acre (e.g. installation of Forest Stand Improvement Practice # 666 (thinning), Tree Pruning Practice # 660, and Woody Residue Treatment Practice # 384 (slash piling) may occur on the same acre). Only one per acre payment will be made for areas with multiple practices. Contractor’s bid rate should consider the need to provide Design, Install, and Checkout for multiple practices on the same acre.

CLIN 003 – Needs and feasibility assessment with landowners and advice to NRCS Field Office staff. This CLIN is a fixed cost per hour. Time accumulated for these services begins and ends at the NRCS Field Office associated with the field location of the assigned Task Order.

NRCS is seeking to establish an Indefinite Delivery/Indefinite Quantity contract for one (1) base period and two (2) option periods. The base period of this contract will begin on/or about September 30, 2016. Listed below is the performance period for the contract. Option periods are not automatic, the Government reserves the right to not exercise the following options. If the Government desires to exercise the following options, written notification will be provided to the Contractor(s) in advance.

Base Year -- Date of Award – September 30, 2017

Option Year 1 -- October 1, 2017 – September 30, 2018

Option Year 2 --October 1, 2018 – September 30, 2019

B.2 Price Schedule

Contractor must provide cost by the unit identified below, completing Price Schedule for Base Year, Option Period One and Option Period Two.

BASE YEAR: DATE OF AWARD – SEPTEMBER 30, 2017

CLIN 001 FOREST MANAGEMENT PLAN

ITEM DESCRIPTION Cost Per Plan

CLIN 001A CAP 016 FMP

0 – 20 Acres

CLIN 001B CAP 016 FMP

21– 100 Acres

CLIN 001C CAP 016 FMP

Over 100 Acres

CLIN 001D Tree Mortality FMP 0 – 20 Acres

CLIN 001E Tree Mortality FMP 21 – 100 Acres

CLIN 001F Tree Mortality FMP

CLIN 002 FORESTRY PROJECT DESIGN, INSTALLATION, AND CHECKOUT

ITEM DESCRIPTION Cost per Acre

CLIN 002A Design

Design

CLIN 002B Installation

Installation

CLIN 002C Checkout

Checkout

Over 100 Acres

CLIN 003 NEEDS AND FEASIBILITY ASSESSMENTS

ITEM DESCRIPTION Cost per Hour CLIN 003A Needs and feasibility

Assessments and advice to NRCS Staff

OPTION YEAR ONE: OCTOBER 1, 2017 – SEPTEMBER 30, 2017

CLIN 101 FOREST MANAGEMENT PLAN

ITEM DESCRIPTION Cost Per Plan

CLIN 101A CAP 016 FMP

0 – 20 Acres

CLIN 101B CAP 016 FMP

CLIN 101C CAP 016 FMP

CLIN 101D Tree Mortality FMP

CLIN 101E Tree Mortality FMP

CLIN 101F Tree Mortality FMP

CLIN 102 FORESTRY PROJECT DESIGN, INSTALLATION, AND CHECKOUT

ITEM DESCRIPTION Cost per Acre

CLIN 102A Design

CLIN 102B Installation

CLIN 102C Checkout

Over 100 Acres

CLIN 103 NEEDS AND FEASIBILITY ASSESSMENTS

ITEM DESCRIPTION Cost per Hour CLIN 103A Needs and feasibility

OPTION YEAR TWO: OCTOBER 1, 2018– SEPTEMBER 30, 2019

CLIN 201 FOREST MANAGEMENT PLAN

ITEM DESCRIPTION Cost Per Plan

CLIN 201A CAP 016 FMP

0 – 20 Acres

CLIN 201B CAP 016 FMP

CLIN 201C CAP 016 FMP

CLIN 201D Tree Mortality FMP

CLIN 201E Tree Mortality FMP

CLIN 201F Tree Mortality FMP

CLIN 202 FORESTRY PROJECT DESIGN, INSTALLATION, AND CHECKOUT

ITEM DESCRIPTION Cost per Acre

CLIN 202A Design

CLIN 202B Installation

CLIN 202C Checkout

Over 100 Acres

CLIN 203 NEEDS AND FEASIBILITY ASSESSMENTS

ITEM DESCRIPTION Cost per Hour CLIN 203A Needs and feasibility

B.3. AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR Clause 52.216-18, Ordering, the Government anticipates issuing task orders for a minimum of 25 services and a maximum of 400 services per year.

Services are defined for this purpose as individual CLIN’s. Anticipated order minimum during the base year is $10,000, but not in excess of $500,000.

SECTION C - PERFORMANCE WORK STATEMENT

Forestry Assistance Insect and Wildfire Tree Mortality and Forest Health Improvements

Natural Resource Conservation Service

C.1 Introduction The USDA Natural Resources Conservation Service (NRCS) requires forestry assistance services from private Registered Professional Forester (RPF) in various NRCS Field Office(s) throughout California. The RPFs will provide technical assistance to NRCS and its clients for forestry planning and conservation activities. The assistance would focus on drought-related forest insect tree mortality, restoration of forests damaged by wildfire, and improving forest health and resiliency. The forestry-related technical assistance will be provided on private non-industrial forestlands. The assistance is intended to reduce forest susceptibility to wildfire, remove excess vegetative debris, and mitigate falling-tree hazards;

improve vigor of live forest trees; and reforest areas damaged by wildfire and recent forest insect tree mortality throughout the State.

C.2 Description of Service

The contractor shall furnish all management, supervision, labor, materials, equipment and resources needed to provide the services described in this Performance Work Statements (PWS). The contractor must exhibit the ability to provide geographic flexibility in the provision of services allowing for growth or reduction of the workforce at the various locations. The services contracted for are not of a personal nature (i.e., an employer‐ employee relationship does not exist between the contractor’s employee and the NRCS).

Contractor employees are not to be supervised by NRCS employees. They are to receive their direction from the contractor. NRCS employees may provide contractor employees instructions on how to perform tasks, provide orientation, assign tasks and review work results to ensure contractor employees perform correctly.

Work must be completed in accordance with NRCS California policies, procedures and the local Field Office Technical Guide (FOTG) requirements. Training for NRCS specific program activities in support of delivery of services will be provided to the Contractor’s employees by the Government on a limited and as-needed basis.

Services provided consist of providing State of California licensed Registered Professional Forestry personnel to NRCS for technical assistance in support of NRCS forestry programs.

This includes implementation of the Environmental Quality Incentives Program (EQIP).

The types of technical assistance that will be provided includes, but is not limited to:

1. Forest Management Plans Develop forest management plans for forest insect tree mortality, wildfire recovery conservation projects and other forest health improvement projects. Plans will the EQIP Conservation Activity Practice (CAP) 106 Forest Management Plan (FMP)1 or Tree Mortality

FMP2.

2. Forestry project design, installation, and checkout.

This assistance focuses on designing, guiding forestry practice implementation (installation), and inspecting the forestry field practices associated with an NRCS project (checkout). In coordination with NRCS staff, the Contractor would implement the following tasks:

a. Develop forest inventories, silvicultural prescriptions, maps, and specification for project implementation. Collect sufficient field information to prepare diagnostic prescriptions and determine feasible treatment options. This includes Contractor implemented Global Positioning System field traverses of property boundaries and planned practice treatment areas.

b. Identification, assignment and implementation guidance of NRCS Conservation Practices3 including, but not limited to:

i. 314 Brush Control

ii. 384 Woody Residue Treatment

iii. 383/394 Fuelbreak and Firebreaks

iv. 490 Tree Shrub Site Preparation

v. 500 Obstruction Removal

vi. 560 Access Road

vii. 578 Stream Crossing

viii. 580 Structures for Water Control

ix. 612 Tree Establishment

x. 654 Road/Trail/ Landing Closure and Treatment

xi. 655 Forest Trail and Landings

xii. 660 Pruning

xiii. 666 Forest Stand Improvement

1 See Attachment #1. Also found at:

http://www.nrcs.usda.gov/wps/portal/nrcs/detail/ca/technical/cp/tsp/?cid=nrcs144p2_064055

2 See Attachment #2, Tree Mortality FMP.

3 See Attachment #3: NRCS Forestry related Conservation Practices as shown in the Electronic Field Operations Guide. Also found at https://efotg.sc.egov.usda.gov/treemenuFS.aspx http://www.nrcs.usda.gov/wps/portal/nrcs/detail/ca/technical/cp/tsp/?cid=nrcs144p2_064055 https://efotg.sc.egov.usda.gov/treemenuFS.aspx

c. Identification, assessment, documentation, and field designation of envgooironmental protection requirements. This includes gathering information and delineation on the ground of cultural resources (archeological sites, both historical and prehistorical); and threatened, endangered or sensitive wildlife and aquatic habitat.

d. Identification and coordination with forestry contractors (logging, tree service, reforestation, slash disposal companies) hired to conduct forest management activities.

e. Field layout of forestry projects. Includes tree removal designation; delineation and measurement of tree or vegetation management operating areas.

f. Designation/delineation of roads, trails, landings, and wood waste disposal sites.

g. Facilitation of wood utilization. Includes identification and coordination of commercial harvesting opportunities for biomass cogeneration and solid wood products. Ensures compliance with California Forestry Practice Rules.

h. Identification, prescriptions, and coordination of reforestation needs.

i. Identification, specifications, and coordination of post treatment environmental controls including, but not limited to, road and trail erosion control, slash treatment, and access control.

j. Inspection, measurement and certification of completed project work in accordance with design plans and NRCS Practice Standards, Specifications and Implementation Requirements. Incumbent reviews accuracy of documentation, compliance with regulations, and justification requests for payment to clients for goods and services.

k. Provides all project information necessary for EQIP or other NRCS contract development and payment to NRCS clients to District Conservationist or their staff representative for processing by Government. This includes copies of FMPs prepared by Contractor or Technical Service Providers, Contractor implemented GPS field traverses of completed practices, GPS maps of completed practices, field notes of post practice treatment sample inventories, and photos demonstrating completed practices and accomplishments.

l. Contractor will provide and use Geographic Information Systems (ARC GIS) services and Global Positioning System equipment, compatible with NRCS information systems, to support delivery of the services listed in 1.and 2. above. Additionally, services will require utilizing a variety of computer hardware and software applications and small forestry field equipment.

The Contractor shall furnish all labor, personnel, supervision, equipment, materials, supplies, tools, transportation, travel, and incidentals (except those designated as Government-furnished property) to perform all work necessary for completion of task orders. The Contractor has the responsibility for all other data collection and reports that will be used as the basis for deliverables resulting from the task orders.

3. Needs and feasibility assessment with landowners and advice to NRCS Field Office staff.

a. Provide professional forestry advice to NRCS as requested.

b. Conduct a needs and feasibility assessment with landowners regarding potential forestry projects. Some interaction with the general public, potential clients, and clients’ forestry contractors will be required in an office and field setting. Interactions with potential clients includes meeting and discussing NRCS forestry practice requirements and specifications to ensure proper use, installation and maintenance of practices. Contractor employees must identify themselves as "contractor(s)" during the performance of services. This includes identifying themselves in email correspondence under the signature block as “Insert Name of Contractor, contracted to the NRCS”. Contractor employees also need to be issued identification badges that show the name of their employer and their name.

Photo identification is preferred, but not required.

4. Contractor Qualifications The Contractor must provide employees to perform services who meet the following qualifications:

a. Possess a valid and active State of California Registered Professional Forester License.

b. Be skilled in and have working knowledge of forest and vegetation inventory methods, forest road erosion assessment, and NRCS practices including Forest Trails and Landings, Access Roads, and Structures for Water Control.

c. Knowledgeable of State of California Forest Practice Rules and commercial harvesting, permits.

d. Knowledgeable of federal, state, and county air regulations pertaining mainly to open burning.

e. Knowledgeable in analysis of current condition of insect disease and fuels buildup for the project area including basic predictions resulting from current conditions.

f. Ability to identify NRCS Resource Concerns and recommend NRCS forestry practices.

g. Possess valid driving license.

h. Proficient in word processing and knowledgeable and experienced in utilizing a variety of computer hardware and software applications, such as Microsoft Windows, Word, Excel, and Access.

i. Able to use e-mail and internet browsers i.e., Microsoft Outlook and Microsoft explorer.

j. Skillful in working with the general public;

k. Capable of working independently.

l. Possess basic telephone skills.

m. Although not required the following qualifications would be preferred:

i. Knowledge and experience with NRCS conservation programs.

ii. Contractor’s RPF (s) are registered with NRCS as a Technical Service Provider with forestry practice qualifications.

iii. Knowledge and ability to use wildfire/fire behavior forestry models such as Forest

Vegetation Simulator; contemporary computerized forest and fuels inventory and timber cruising software applications; applications and techniques to measure/calculate net carbon dioxide equivalent changes resulting from implementing the project.

iv. Experience, ability and qualifications to conduct wildlife and plant surveys.

v. Possess current Archeology Training Certification issued by the California

Department of Forestry and Fire Protection.

C.3 Location, Duration, and Quantity of Services Services may be required at any NRCS Field or Area Office located at any county within California. Services will be primarily delivered in the field on private non industrial forestlands within the administrative boundaries of an NRCS Field Office.

The initial Base Year work assignment locations and quantities of work are shown below:

• Central and southern Sierra Nevada counties from Placer to Kern counties for insect wildfire related tree mortality services. Primary counties are Tuolumne, Mariposa, Madera, and Fresno.

• Lake County (Valley Fire).

• Yreka/Siskiyou County.

• Los Angeles, Kern, San Bernardino, Riverside, and San Diego Counties for insect mortality and forest health tree thinning.

Services requested for each location will be specified in task orders issued against this IDIQ contract. Each task order will also specify the required meeting dates at appropriate Field Office locations.

The Contractor will be required to travel under this contract to project locations. Any costs related to travel, regardless of distance, will be borne by the Contractor or its employee.

The Government will pay no travel associated with the IDIQ.

C.4 AGAR 452.211-73 ATTACHMENTS TO PERFORMANCE WORK STATEMENT (FEB 1988)

The attachments to this Performance Work Statement listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTIONS D, E – RESERVED

SECTION F – DELIVERIES OR PERFORMANCE

F.1. PERIOD OF PERFORMANCE

The period of performance shall commence on or around September 30, 2016.

The effective period of this contract is one base year and potentially two (2) option years.

Option years are not automatic and will be exercised at the Government’s discretion.

F.2. PLACE OF PERFORMANCE

The project areas are located within the State of California. Exact project/services locations will be identified with the issuance of each Task Order.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1. The CONTRACTING OFFICER (CO) designated for this requirement is:

Name: Chanda Sow Address: 200 North High Street, Room 522 Columbus, Ohio 43215-2418 Phone: 614-255-2496 Email: Chanda.Sow@wdc.usda.gov

Contract administration will be performed by the Contracting Officer. In no event shall any understanding, agreement, modification, change order or other matter deviating from the terms of the contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer.

G.2. The CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) is:

Name: Christopher Zimny Title: State Forester Address: 430 G St., #4164 Davis, CA 95616 Phone: 530-792-5655 Email: Christopher.Zimny@ca.usda.gov

The COTR will monitor all technical aspects and assist in administering the contract. After contract award, the COTR designation letter will be provided to the Contractor which clarifies the COTR’s responsibilities. When the COTR requests effort outside the scope of the contract, the Contractor shall so advise the Contracting Officer in writing.

SECTION H – RESERVED

SECTION I – CONTRACT CLAUSES

I.1. 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 9/30/2016 through 09/30/2017.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract.

In the event of conflict between a delivery order or task order and this contract, the contract shall control.

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

I.2. 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $ 3,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $50,000.

(2) Any order for a combination of items in excess of $150,000; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.3. 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

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

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

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

provided, that the Contractor shall not be required to make any deliveries under this contract after September 30, 2017.

I.4. 52.216-27 Single or Multiple Awards (OCT 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

I.5. 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

https://www.acquisition.gov/sites/default/files/current/far/html/52_216.html#wp1115057

I.6. 52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years, 6 months.

I.7 52.222-41 Service Contract Labor Standards

(a) Definitions. As used in this clause— “Contractor,” when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term “Government Prime Contractor.”

“Service employee” means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in Subpart C of 29 CFR Part 4.

(c) Compensation.

(1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

(2)(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, to http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard63.html#wp1177073 the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees’ authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor.

The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.

(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula.

The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.

(v) The wage rate and fringe benefits finally determined under this paragraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard63.html#wp1177073 which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Service Contract Labor Standards statute and this contract.

(vi) Upon discovery of failure to comply with paragraph (c)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work.

(3) Adjustment of compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division.

(d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under paragraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4.

(e) Minimum wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.

(f) Successor contracts. If this contract succeeds a contract subject to the Service Contract Labor Standards statute under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary’s authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm’s length negotiations.

Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or

4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor’s collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm’s length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits.

Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp. Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.

(g) Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite.

Failure to comply with this requirement is a violation of 41 U.S.C. 6703 and of this contract.

(h) Safe and sanitary working conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.

(i) Records.

(1) The Contractor and each subcontractor performing work subject to the Service Contract

Labor Standards statute shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration, a record of the following:

(i) For each employee subject to the Service Contract Labor Standards statute—

(A) Name and address and social security number;

(B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation;

(C) Daily and weekly hours worked by each employee; and

(D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.

(ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement.

(iii) Any list of the predecessor Contractor’s employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause.

(2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases.

(4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.

(j) Pay periods. The Contractor shall unconditionally pay to each employee subject to the Service Contract Labor Standards statute all wages due free and clear and without subsequent deduction (except as otherwise provided by law or regulations, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this statute may not be of any duration longer than semi-monthly.

(k) Withholding of payments and termination of contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the Service Contract Labor Standards statute all or part of the wages or fringe benefits due under the Service Contract Labor Standards statute, the Contracting Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost.

(l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Service Contract Labor Standards statute.

(m) Collective bargaining agreements applicable to service employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof.

(n) Seniority list. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor’s or subcontractor’s payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract.

(o) Rulings and interpretations. Rulings and interpretations of the Service Contract Labor Standards statute are contained in Regulations, 29 CFR Part 4.

(p) Contractor’s certification.

(1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it nor any person or firm who has a substantial interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under 41 U.S.C. 6706.

(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under 41 U.S.C. 6706.

(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

(q) Variations, tolerances, and exemptions involving employment. Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to 41 U.S.C. 6707 prior to its amendment by Pub. L. 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business:

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(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency, or injury may be employed at wages lower than the minimum wages otherwise required by 41 U.S.C. 6703(1) without diminishing any fringe benefits or cash payments in lieu thereof required under 41 U.S.C. 6703(2), in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, persons with disabilities, and disabled clients of work centers under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525).

(2) The Administrator will issue certificates under the statute for the employment of apprentices, student-learners, persons with disabilities, or disabled clients of work centers not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two statutes, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525).

(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR parts 525 and 528.

(r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Office of Apprenticeship Training, Employer, and Labor Services (OATELS), U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman’s rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program.

(s) Tips. An employee engaged in an occupation in which the employee customarily and regularly…