LEIGH PCN SOL.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

191835

7. FOR SOLICITATION INFORMATION CONTACT:

a. NAME

Leigh Eberhart, Contracting Officer Leigh.Eberhart@aphis.usda.gov

b. TELEPHONE NUMBER (no collect calls)

(612) 336-3206

8. OFFER DUE DATE/

LOCAL TIME

08/29/2008

10:00 AM CT

USDA, APHIS, MRPBS, ASD, Contracting Team

Butler Square, 5th Floor

100 North Sixth Street

Minneapolis, MN 55403

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UNRESTRICTED OR

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SET-ASIDE 100 % FOR:

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SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

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HUBZONE SMALL FORMCHECKBOX

8(A)

BUSINESS

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SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

SIZE

STANDARD:

$750 thousand

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

See Schedule

12. DISCOUNT TERMS

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13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

USDA APHIS Plant Protection and Quarantine

3509 Miriam Ave. Suite A

Bismarck, ND 58501

See Block 9

FACILITY

USDA, Office of Finance and Management National Finance Center PO Box 60075 New Orleans, LA 70160

TELEPHONE NO.

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SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE ATTACHED SCHEDULE

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

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27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

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27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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29. AWARD OF CONTRACT: REF. OFFER DATED. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

Larry D. Nelson

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

II. SF1449 CONTINUATION:

A. Schedule of Items:

SUPPLIES OR SERVICES AND PRICES/COSTS

** NOTE: Offerors may propose for one or more geographic areas (Item Nos. 01 through 03). The Government intends to award separate firm-fixed-price indefinite delivery indefinite quantity (IDIQ) contract(s) for Item Nos. 01 through 03. The Government may make multiple awards. Offerors shall propose a price for the entire Item including all option periods.

EST.

ITEM N0.

QUANTITY

UNIT

TOTAL

PRICE

01 Soil Sampling in North/East North Dakota

01A. Base Period. Period to be sampled: 09/01/08 - 12/31/08 Ea

01B. Option 1, Sample Period: 09/01/09 - 12/31/09

Ea

01C. Option 2, Sample Period: 09/01/10 - 12/31/10

01D. Option 3, Sample Period: 09/01/11 - 12/31/11

01E. Option 4, Sample Period: 09/01/12 - 12/31/12

02 Soil Sampling in South/East North Dakota

02A. Base Period. Period to be sampled: 09/01/08 - 12/31/08

Ea

02B. Option 1, Sample Period: 09/01/09 - 12/31/09

02C. Option 2, Sample Period: 09/01/10 - 12/31/10

02D. Option 3, Sample Period: 09/01/11 - 12/31/11

02E. Option 4, Sample Period: 09/01/12 - 12/31/12

03 Soil Sampling in South/Central North Dakota

03A. Base Period. Period to be sampled: 09/01/08 - 12/31/08

Ea

03B. Option 1, Sample Period: 09/01/09 - 12/31/09

03C. Option 2, Sample Period: 09/01/10 - 12/31/10

03D. Option 3, Sample Period: 09/01/11 - 12/31/11

03E. Option 4, Sample Period: 09/01/12 - 12/31/12

B. Invoicing: Invoices shall be submitted to the following address:

USDA APHIS Plant Protection and Quarantine

3509 Miriam Ave. Suite A

Attn: Rosemary Watterud

Bismarck, ND 58501

III. – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT:

Statement of Work

Potato Field Soil Sampling in North Dakota Table of Contents Scope of Contract

Location and description

Technical Specifications

Tasks for soil sampling and safeguarding

Contractor Qualification Requirements

Approved Soil Sampling Procedures

A). Mechanical Survey Method

1. Seed potato field mechanical sampling method

Figure 1. Seed potato field mechanical sampling spacing diagram

2. Commercial field mechanical sampling method

Figure 2. Commercial field mechanical sampler spacing diagram

B). Hand Sampling Survey Method

1. Hand sampling of seed potato fields

Figure 3. Hand sampling of seed potato fields diagram

2. Hand sampling of commercial production potato fields

Figure 4. Hand sampling of commercial potato fields diagram

Priority fields

Packaging of soil

Labeling of soil bags

Range of field size

Transport of samples to designated collection site

Scheduling fields to sample

Required cleaning of equipment following sampling operation

Data management and GPS requirements

Contractor quality control

Monitoring of contractor actions and performance

Public relations / Confidentiality

Post award conference and preparation

Contactor liability

Government furnished equipment and services

Attachment 1. Field Sampling and Priority

Attachment 2. Project area map

Attachment 3. Three wheeled extendable nematode sampler

Statement of Work

Potato Field Soil Sampling in North Dakota Scope of Contract USDA APHIS intends to award a for Potato Cyst Nematode (PCN) surface soil sampling. This contract requires surface soil samples to be collected from selected potato fields in North Dakota. This includes furnishing all necessary labor, vehicles, ATV, supervision, transportation, and incidentals in accordance with the technical specifications. The contract will be for the delivery of soil samples through December 31, 2008.

Location and Description The number of sites is dependant on participating potato growers in North Dakota. Primarily, these growers will be located but not limited to the following counties: Grand Forks, Walsh, Pembina, Cavalier, Towner, Traill, and Pierce.

Technical Specifications

Potato Cyst Nematode National Survey and Export Program.

The contract bid price will be based on a soil sample bag delivered to the USDA. The contract price shall include all costs associated with the performance of all work issued against this contract for the purpose of soil sample collection. Refer also to the section on packaging soil for important information to base the bid price. The contractor needs to provide their own means of transportation, and some of the field equipment. Refer to the section titled Government furnished property.

Tasks for soil sampling and sample safeguarding

1. Soil samples collected (sites determined by USDA) will be safeguarded and delivered to the USDA storage/drying warehouse in Grafton, ND where the chain of custody of samples will be transferred to the government.

1.1. The time frame available for sampling will be after the fields are harvested (approximately September 1st and will continue into the fall until weather conditions such as excessive moisture or snowfall will necessitate the finalizing of field work.

2. Optional sampling:

Additional field sampling sites may become available for sampling as more growers sign-up for sampling, priority sites are completed, and weather conditions allow. These fields may be located in other areas of the State. Optional fields offered to the successful contractor for sampling will be determined by the USDA as sampling progress is monitored. Optional acres may become available in the above listed counties plus Ransom, Dickey, Sargent, Emmons, Kidder, Stutsman, McHenry, Benson, Ramsey, and Nelson. Optional fields may be seed potato fields or commercial potato fields that will be sampled as described in the Soil sampling procedure narratives for each field type below.

Contractor Qualification Requirements:

1. All licenses, registrations, and permits required by the State of North Dakota.

2. Bonded and insured at the minimum levels established by the State of North Dakota.

Standards:

Approved Soil Sampling Procedures: Soil sampling will be conducted in two categories of fields which are; seed potato and commercial production fields. The contractor is required to use an approved method of sampling technique depending on the type of field. These methods are described here:

A) Mechanical Survey Method:

The USDA is providing 5 mechanical sampling implements that can be pulled behind an ATV or pickup. Each implement has two wheels equipped with chisels that will extract a surface soil sample and deposit the sample in a bucket as the implement is pulled through the field. For seed potato fields, the yield of soil required is 1.1 pound per each acre sampled however soil from every 5 acres will be combined into one bag for a total of 5.5 pounds of soil per sample bag (see also the section titled “Packaging soil”). For commercial production fields, the yield of soil is 3, 5 pound samples per acre sampled. The mechanical samplers can be calibrated to the desired soil yield by the number of wheels mounted and by the number of soil collection chisels activated on each wheel. The chisels will automatically eject the dip against a back board which will then funnel the dip into a collection bucket. The distance (width) between wheels is 12 feet. Refer to Attachment 2. for a diagram of the mechanical sampler.

Field speed of mechanical sampler: The mechanical sampler can be operated at various speeds. Optimum speed must be determined by the operator and will vary depending on actual field conditions such as furrows and soil moisture. Operating speed is also limited by the implements ability to eject the soil dip from the chisel into the bucket. Excessive field speed may cause the soil dip to miss the back stop and not be collected. Optimum speed will be at a point where the implement will be able to collect each dip in the shortest amount of time in the field.

1. Seed potato field mechanical sampling method:

These fields will be considered the highest priority to complete. All seed potato fields must be “full field sampled.” To start sampling in a field, the first wheel is a distance of 6 feet from the edge of the field. The implement is pulled parallel to the field edge along the entire length of the sample area. When arriving at the end of the area and making a turn, the implement must be moved over 24 feet to begin the return pass. Using this offset at each turn will space all outside wheel tracks in the field 12 feet apart (Figure 1). When the entire field survey area is completed, an average of 1.1 pound of soil per acre must be collected but every 5 acres will be combined into one bag. To achieve the desired weight of soil, approximately one chisel will be active on two implement wheels. The chisel on the each wheel will penetrate the soil surface approximately every 8 feet of each revolution to collect the subsample (soil dip). See Figure 1. for diagram. Refer also to the section on Packaging soil for information.

Figure 1. Seed potato field mechanical sampling spacing diagram

2. Commercial field mechanical sampling

For commercial production fields, the outer 10 percent perimeter of the field will be sampled at a rate of three, five-pound samples per surveyed acre.

Fields in the category will be considered the lowest priority to complete but will be offered to the contractor following completion of higher priority fields, time, and weather conditions allow. Potato fields that are grown for table stock or commercial purposes are sampled by a “10% perimeter survey” method. With this method, soil from an area equal to 10% of the field acreage will be sampled. The sample area will consist of the perimeter field margins rather then the entire field. Row spacing of the sampling implement will be as the seed fields but can also be done in a “race track” movement around the perimeter area being sampled. Important note: As noted about, the soil sample amount is greater then what is required for seed fields. A yield of three, five pound soil samples must be collected for each acre sampled. Recalibration of the soil sampling implement will be necessary to achieve this yield of soil. This calibration can be done by activating more chisels per wheel and/or adding an additional wheel until the desired amount of soil is collected. See Figure 2. for a field spacing diagram.

Figure 2. Commercial potato field sampling spacing diagram

B). Hand Sampling Survey Methods

1. Hand sampling of seed potato fields:

One composite sample, comprised of 100 sub-samples (cores), will be taken per acre of field. Each core will be approximately 5 grams (4.86 g is the ideal core size). Cores should be taken with an auger that has been calibrated to the 5 g rate. This sampling method will produce 1.07-1.10 pounds of soil (486-500 grams) per acre. Cores should be collected from a rectangular grid of 15 x 20 feet. The surveyor should begin taking samples at the edge of field, taking a sample every 20 feet until reaching the end of the field. The surveyor should then walk 15 feet into the field and begin taking cores every 20 feet (see Figure 3).

Figure 3. Hand sampling of seed potato fields survey diagram:

Dip size = 5 grams

100 dips = 1.1 pounds

500 dips = 5.5 pounds

2. Hand sampling of commercial production potato fields:

The number of samples per field will be determined based on the 3 samples per acre rate (i.e., a 100 acre field x 10% = 10 acres x 3 samples per acre = 30 samples per 10 acres of the field). A 4 pace x 4 pace (1 pace = 2.5 feet) sampling method should be utilized to sample the perimeter. An ideal 4 x 4 sampling method would result in the collection of approximately 4 five-pound samples per acre. Each soil sample should be collected from a rectangular block of the field in the perimeter. A dip of soil (1 dip = approximately 20 grams) will be taken by trowel or soil probe every 4 paces (1 pace = 2.5 feet), from a total of 112 sampling points in a rectangular block. The surveyor will walk into the perimeter of the field 4 paces and take 1 sample every 4 paces for 112 sampling points. To begin the next block, the surveyor will walk 4 paces along the perimeter from the last sampling point and begin collecting soil from another set of 112 sampling points. This pattern should be repeated around the perimeter of the field. To achieve an average of three samples per 10% of field acreage target, additional sampling blocks can be added by moving 4 paces into the field from the first sampling block. Lastly, it is imperative that the number of samples taken per field equal at least an average of three five pound samples per acre for 10% of the field (i.e., 30 samples per 100 acres). Refer to Figure 4. for a diagram.

Figure 4. Hand sampling of commercial fields – perimeter method

Dip size = 20 grams

112 dips = 5 pounds

Priority fields: The USDA will determine which subset of fields will be considered priority or urgent fields. Priority fields will be considered those in which sampling must be completed before the end of the season. The highest category fields are those in which the seed potatoes will be exported to Canada. Sampling must be completed before Canada will allow entry. Attachment 1. is a summary table of fields by county which will be used to prioritize the order in which fields will be completed. The Contract Officer Representative will aid the contractor in identifying the next priority fields as each category is completed. Attachment 2. is a map of the general project area with site locations by priority level. USDA will also provide the contractor a file for each sample site which will contain a satellite image of the field with the sample area identified.

Packaging soil: Paper bags will be provided by the USDA to package soil samples. The average yield of 1.1 pounds of soil per each seed potato acre sampled is mandatory. To decrease the amount of time spent in the field, the soil from every 5 acres will be combined into one bag. For example: In the case of a 40 acre field, the soil from every 5 acres can be combined so that each bag will contain 5.5 pounds of soil. This will reduce the number of bags required for the 40 acres to only 8.

Important note: Only soil from within the field can be combined. No soil from between fields can be combined or comingled. For this detection survey, the location of the field and the corresponding sample bags is a critical element but the location of a bag within a field is not critical. For this reason, it would be acceptable to collect the required amount of soil in bulk using the implement in one operation and then take the soil back to the vehicle for a separate bagging operation.

Labeling soil bags: The USDA will provide sticky labels that must be applied to each bag. All bags must have a label. These labels will be consecutively numbered and must be recorded on the sample data sheet that corresponds to the field unit being sampled. Following analysis of the sample, the number on the label will be used to identify the field the sample was taken from.

Range of field size: The field unit size will vary greatly depending upon the generation of the seed potatoes being grown. Approximate field size can range from 5 acres to 160.

Transport of samples to designated collection sites: Following collection of soil samples, the contractor will be required to deliver them to the USDA soil storage and drying warehouse located in Grafton, ND. Delivery frequency will be as determined between the Contract Officer’s Representative and the contractor. During peak workload, a daily delivery may be necessary. The address of the delivery site is; ND State Seed Department, 873 West 12th Street, Grafton, ND, 58237.

Scheduling fields to sample: The USDA will provide the contractor with locations of the fields to be sampled. Also provided will be a map of the field with satellite imagery, soil bags and labels for the required amount of soil for that acreage, and a data sheet for the field unit that is required to be filled out at the time of sampling. Among other uses, the data form will be used for sample chain of custody and to determine payment to the contractor.

It will be the responsibility of the contractor to schedule the sampling order of assigned fields and all associated daily field operations. All sampling must be conducted after harvest operations are completed. If a field has not yet been harvested, it will be the responsibility of the contractor to work with the grower to determine when the field is available for sampling.

Required cleaning of equipment following sampling operation: Potato cyst nematodes can be accidentally transported from field to field in soil. The cysts are persistent in the environment and are opportunistic hitchhikers. It is mandatory that all soil be removed from the sampling implement, ATV, boots, hand sampling tools, or any field gear used in the field prior to moving to the next field to sample. The USDA will provide a pressure washer to aid in this task. Implementing measures to prevent cross contamination of fields and samples is a critical contract element. Samples within a field unit can be combined however, it is imperative that no cross contamination of samples between fields occur. For example; following a field sampling and soil bagging operation, all equipment must be free of soil to avoid contaminating samples that will be taken from the next field.

Data management and GPS requirements: The contractor will be required to provide a GPS track log of the route the sampling operation covered in the field. The tack log file must show the lat/long coordinates at regular intervals. This may be electronically transmitted to a USDA GIS Specialist or provided to the USDA through an agreed upon method such as CD or thumb drive. A field data sheet for each field will also be required to be completed at the time of sampling.

Contractor quality control: The contractor shall develop and maintain an effective pro-active quality control program to ensure services are performed in accordance with this Statement of Work. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

Monitoring contractor actions and performance: The Contracting Officer (CO), Contracting Officer Representative (COR) and other government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor’s performance. The USDA will have staff or designated representatives with the authority to monitor and verify all contractor actions and performance. The monitoring will ensure all field operations are being completed as per contract technical specifications. The contractor must allow these inspections at any time and work with the USDA as necessary to schedule monitoring activities. Appropriate action shall be taken to resolve outstanding issues.

Public relations / Confidentiality: Information related to this Statement of Work such as field locations, landowner names, grower names, or sampling is confidential. Contractor personnel shall display a positive image of USDA APHIS and the State of North Dakota at all times by ensuring favorable public relations.

· All personnel must be courteous, and work shall be completed without inconvenience or disruption to the property owners.

· The contractor shall perform all work with due care, taking precautions against injury to all persons, animal, or property.

Post award conference and preparation: The contractor agrees to attend any post award conference convened by the contracting activity. Post award preparation shall be completed before sampling can be started.

Contractor liability: The contractor is liable for any damages, losses, or injuries to people, property, or animals which occur directly or indirectly from work performed by the contractor and their subcontractors.

Government furnished equipment and services

The USDA will provide or make available to the contractor the following equipment to use during the field sampling season:

· 5 soil sampling implements to pull behind an ATV or pickup

· 5 pressure washer systems suitable for the back of a pickup

· 5 tandem axel flat bed trailers capable of hauling one ATV and one soil sampling implement

· Soil sampling bags

· Project area satellite maps for each field with sampling area identified

· Field data forms

In addition to the above Government Furnished Equipment, the Government will provide technical advice during a post award meeting prior to the sampling season as well as ongoing during contract performance through the Contractors Officer Representative (COR) who will provide information concerning the delivery point for soil samples , satellite maps for sample areas, etc.

Attachment 1

Field Sampling and Priority:

Acres Total # Fields

Traill

* TBD = To Be Determined

Attachment 2. Project Area Map

Three Wheeled Extendable Nematode Sampler

Specifications:

Approximate Dry Weight 700 lbs

Wheels

Spokes per wheel

Sample Size

.712 in3 per spoke

Adjustable Distance

Between the Rows

3’ to 6’

IV. CONTRACT CLAUSES

52.212-4 -- Contract Terms and Conditions -- Commercial Items. (Feb 2007)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract 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.

(2)

(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:

(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 (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(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.

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.

Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

52.216-18 Ordering. (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through last day of any option period exercised.

(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.

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 12/31/2012.

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.

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 100 samples , but not in excess of 25,000 samples.

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 5 years.

452.215-73 -- POST AWARD CONFERENCE (NOV 1996)

A post award conference (exit conference) with the successful offeror(s) is required.

It will be scheduled as stated in the Statement of Work in Section C.

The conference for each contract line item no. (CLIN) will be held at:

INSERT NORTH DAKOTA ADDRESS HERE

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (June 2008)

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

(2) 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.]

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

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (4) [Reserved]

__ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

__ (6)(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.

__ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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.

__ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (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.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

_X_ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

__ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_X_ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

__ (ii) Alternate I (Aug 2007) of 52.222-50.

__ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

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

_X_ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (27)(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.

__ (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

_X_ (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

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

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

__ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (31) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X_ (34) 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)).

__ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

_X_ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (40)(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) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C. 5112(p)(1)).

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

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

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