Schenck Forestry 2012.pdf

TABLE OF CONTENTS

Section Page No.

SF-1449 Solicitation/Contract/Order Table of Contents 1 Schedule of Items 2 Statement of Work 3 Contract Clauses 12 Department of Labor Wage Determination 2005-2440 Rev (8) Schenck 34 Experience Questionnaire 44 Proper Invoice 46 Solicitation Provisions 49

COMMERCIAL ITEMS SOL NO. AG-82A7-S-12-0031

PROJ NAME: FORESTRY INSTRUCTOR

UNIT: SCHENCK JCC

SCHEDULE OF ITEMS

URBAN FORESTRY TRAINING PROGRAM

SCHENCK JOB CORPS CENTER

No mileage or compensation will be allowed for travel to and from the Schenck Job Corps Civilian Conservation Center.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

BASE PERIOD - July 1, 2012 to June 30, 2013

Forestry Trade Instruction at Schenck Civilian Conservation Center, Pisgah Forest, NC

OPTION PERIOD 1 - July 1, 2013 to June 30, Conservation Center, Pisgah Forest, NC

OPTION YEAR 2 - July 1, 2014 to June 30, 2015

Forestry Trade Instruction at Schenck Civilian Conservation Center, Pisgah Forest, NC

OPTION YEAR 3 - July 1, 2015 to June 30, 2016

Forestry Trade Instruction at Schenck Civilian Conservation Center, Pisgah Forest, NC

OPTION YEAR 4 - July 1, 2016 to June 30, 2017

Conservation Center, Pisgah Forest, NC

PRICE FOR BASE PERIOD AND OPTION

PERIODS

MO

STATEMENT OF WORK

GENERAL

This position is being established primarily in support of that portion of the Forest Service/Alabama A&M Cooperative Agreement, which describes a Job Corps Forestry Aid Program. The primary responsibility of this position is to instruct and train selected Job Corps students in the Forestry Aid Program and to assist in their placement in college-level forestry curriculum or in employment with the U.S. Forest Service, state forest service, or private industry.

The Contractor shall assist the WPA in training the students for Forest Firefighting up to and including S-212 (Chainsaw Qualifications).

The Contractor shall make a concerted effort to provide the overall success of the Forest Service/Alabama A&M Cooperative Agreement, goals of the Center and students, ability to enter college or the work force.

The training shall be a combination of classroom and field experience for the purpose of preparing students for college and to expose students to forestry field work.

The contractor shall provide any and all labor, services, permits, licenses necessary to perform the training and placement of students involved in the Urban Forestry Trade at the Schenck Job Corps Center.

Services are to be provided during the period of April 1, 2012 through March 31, 2013 with four option periods, which may be exercised at the discretion of the Contracting Officer.

Total of twelve (12) students per day will be assigned to Urban Forestry training.

Contractor employees will not be scheduled to work on the following Government holidays:

a. New Year’s Day – January 1

b. Martin Luther King Junior’s Birthday – Third Monday in January,

c. Presidents Day – third Monday in February,

d. Memorial Day – Last Monday in May,

e. Independence Day – July 4,

f. Labor Day – First Monday in September.

g. Columbus Day – Second Monday in October,

h. Veteran’s Day – November 11,

i. Thanksgiving Day – fourth Thursday in November, (and)

j. Christmas Day – December 25.

PROJ NAME: FORESTRY INSTRUCTOR

UNIT: SCHENCK JCC

Contractor will work during DOL mandated twice yearly student break to update placement, case notes, prepare CTST program.

All student trainees will serve a probationary period of 90 calendar days and shall meet the following criteria, unless the progress/performance and evaluation panel of the selection board unanimously approves them.

a. Must have sincere interest in Urban Forestry and be eighteen years of age upon graduation.

b. Must demonstrate that he/she can follow instructions and work safely.

c. Must not have a physical handicap that would impair his/her ability to perform in the occupational area. Trainee must have both eyes and ears functional.

d. Selection of all student trainees will be by the Vocational Coordinator and Program Director.

LOCATION

This training program will be conducted at the following Civilian Conservation Center.

Schenck Civilian Conservation Center USDA – Forest Service Pisgah Forest, N.C. 28768 828/862-6100

The Center is located approximately 1 ½ miles North of Pisgah Forest, N.C. on U.S. Highway 276 within the Pisgah Ranger District.

DEFINITIONS

SAGs – Student Activity Guides TARs – Training Achievement Records CDSS – Career Development Services System ESP – Evaluation of Student Performance

Contractor will participate in annual appropriate industry sponsored trade show/event such as Tree Care Industry Association Show – This show is held in the fall in one of several locations around the country. The students have an opportunity to see the newest tools, gear and equipment in a hands-on environment. Urban Forestry students also meet people in the industry including national tree climbing champions and prospective employers. Students at the trade show usually receive multiple job offers from the many employers represented. This yearly event requires the attendance of both Urban Forestry instructors for a period of up to five (5) consecutive days.

PROJ NAME: FORESTRY INSTRUCTOR

UNIT: SCHENCK JCC

GOVERNMENT FURNISHED PROPERTY

The Government will furnish the necessary space for instruction and equipment storage, and will provide necessary utilities for operation of the equipment. The Government will also provide all the stock of spare parts, gas, fluids, oil, additives and grease for the operation of the equipment to minimize downtime. The Government will supply all the needed chain saws and other equipment necessary for the instruction of this program. These include, but are not limited to:

a. Safety equipment and clothing,

b. Instructional materials

c. Class rooms and administrative space to operate programs,

d. Classroom supplies,

e. Classroom tools and equipment, (and)

f. Tool kits for trade completers.

All equipment provided to the Contractor under this contract is the property of Schenck Job Corps Center, Department of Labor, and is in the custody of the Contractor. The Contractor agrees to assume responsibility for the care and security of the equipment issued to it under this contract. The Contractor agrees to sign a receipt for all equipment issued to operate its program.

The Contractor will perform periodic inventories of Government property under its control.

Inventories must be conducted and reconciled at least once per year with Schenck’s Center Property Officer. In the event equipment is lost, damaged, or destroyed, the Contractor shall immediately report it to the Work Program Officer. If the Contractor is found negligent for the loss and/or destruction of the Government property and the Contractor is not relieved of accountability from a Board of Survey, the Contractor is liable for any loss or damage to Government property or any expense incidental related to the property.

The Government shall also provide vehicles for Contractor employees’ use when the employee is required to transport students off-Center to work-related sites, or for all-Center activities.

Employees of the contractor will not be permitted to perform personal tasks or to accept tasks for pay which would be performed in the Forestry classroom.

CONTRACTOR FURNISHED ITEMS:

The Contractor shall recruit and hire only qualified staff. Instructors must be properly certified, licensed, or accredited to teach Urban Forestry standards nationally.

The contractor shall be required to provide a Program Director who shall have the responsibility for the successful implementation of the students training and college placement program. The Program Director may be the contractor. The Program Director shall give consideration to the changing requirements and, if necessary, shall modify and update the training program in order to accommodate the changing needs to Alabama A&M University and the U.S. Forest Service.

All proposed changes to the basic Forestry Aid Program will be approved through the COR.

PROJ NAME: FORESTRY INSTRUCTOR

UNIT: SCHENCK JCC

Through the COR, the Program Director shall coordinate all findings with the college placement tests and ACT tests to help facilitate maximum vocational/academic achievement.

The contractor or employees shall meet the following criteria:

1. Comprehensive knowledge of forestry principles and concepts and a practical knowledge of conventional methods and techniques sufficient to undertake routine forestry management projects.

2. Have knowledge of the U.S. Forest Service policies, procedures and statutory requirements concerned with the multiple-use and sustained-yield of forest resources.

3. Knowledge and skill in oral communications and interpersonal relations to maintain open and effective communications with the students, co-workers and U.S. Forest Service officials.

4. Skills in written communications to maintain necessary records, reports, and prepare lesson plans.

5. Shall have the interest, desire and ability to effectively work and instruct unemployed and disadvantaged youths from various economic and social backgrounds without regard to race, creed, color, sex or national origin.

6. Thorough knowledge of current methods and techniques of timber cruising, marking, tree grading and to supervise, plan and exercise quality control over such projects.

7. Be physically fit to work in field conditions that require walking and climbing over rough, steep, rocky and uneven mountainous terrain covered with various densities of brush, trees, and other vegetation and/or rock.

8. The contractor shall have a current N.C. State Drivers license and be capable of getting a

Forest Service driver license operating motor vehicles up to 31,000 pounds gross weight.

If a CDL is required, a medical examination will be provided by the Government, if needed.

9. The contractor or contractor’s instructor shall be computer literate and able to teach students to meet or exceed North Carolina’s Achievement Computer Skill Level IV.

10. Establish a working relationship with personnel at Alabama A&M University to expedite the timely submission of transcripts and other final admissions documents.

The contractor shall establish his/her own timekeeping policies and methods of enforcement, but the following requirements must be included:

1. Contractor or contractor’s instructor shall be present with class at all times.

2. In the event of an absence such as illness, college placement trips, vacation or other situations, the contractor shall provide a substitute instructor who is approved beforehand by the COR.

3. Instructor will be present and on time every day. In the event of extreme severe weather, the COR will notify personnel of plan of action.

4. The contractor shall not be required to be available during winter and summer breaks which normally starts in mid December and Around July 04 runs for 3 weeks. The contractor shall coordinate with the COR for the actual start and end dates of summer and winter breaks.

5. The work week shall be 40 hours, Monday through Friday, excluding Federal Holidays.

The workday shall consist of eight (8) hours with an appropriate period for lunch which shall be scheduled to coincide with the normal work schedule for the center. Specific hours of duty shall be designated through agreement with the COR.

Contractor or contractor’s instructor shall be involved in other facets of the Center Programs (Independent Living, Education, Retention Committees and Review Boards) from time to time in order to keep the staff well informed and integrated with other program areas.

1. Whenever the Center Director or COR deems necessary, contractor may be assigned during normal working hours to committees which will give the instructor an overall involvement in the Center operation. This participation would only be when it is determined that participation would not interfere with the training of students.

2. Contractor shall coordinate student schedules/activities with other center departments such as wellness, supply, counseling, student government, etc.

TRAINING PROGRAM AND OBJECTIVES

The contractor shall develop and refine the Forestry Aid Program and its curriculum to meet future needs and changes. Works with instructors at Alabama A&M, Haywood Community College, Blue Ridge Community College, etc. in modifying course curriculum to better prepare students to enter these institutions.

In addition to the basic program requirements, the contractors shall provide career counseling to students who have a desire to pursue a Forest Service career as a forester or forestry technician.

Upon successful completion of the Forestry Aid Program, the contractor assists in the placement of students at Alabama A&M, Haywood Community College, or other appropriate educational institutions. Also assists in the placement of students with the U.S. Forestry Service location within the region.

PROJ NAME: FORESTRY INSTRUCTOR

UNIT: SCHENCK JCC

The contractor shall provide classroom and on-the-job training in a variety of forestry aid/technician assignments such as timber marking, timber stand improvement, sale layout, tree planting, fire fighting, trail maintenance, forest recreation maintenance, wildlife/fisheries habitat improvement, erosion control projects, landline maintenance, forest road location/survey/maintenance, etc. For field-going assignments, work closely with District Rangers and staff in selecting sites and projects to use for demonstrating forestry practices.

The contractor will work with personnel at U.S. Forest Service Civilian Conservation Centers around the country to provide students to the Schenck Forestry Aid Program. The contractor works with Center Directors and counseling staff in the development and use of screening devices for selecting students for this program.

The contractor shall serve on the Forestry Selection Committee for the recruitment of potential students.

The training program shall be designed to accommodate a minimum of 10 students. Students shall be assigned to the program on the basis of their educational capabilities, and their selection will be made by the Forestry Selection Committee.

Every effort shall be made by both the contractor and the Government to assure that a minimum of 10 students are scheduled in the program at all times.

Students assigned to the Forestry Program shall meet the following criteria:

1. Criteria stated in the most recent recruitment package.

2. Those selected by the Forestry Selection Committee.

During the period the students are under the contractor’s supervision, the contractor shall be responsible for enforcing:

1. Safety rules/regulations. This will be in accordance with existing Forest Service and OSHA requirements as they relate to personnel, facilities, and equipment.

2. Civilian Conservation Center rules and regulations as specified in the Policy

Requirements Handbook (PRH).

3. Disciplinary procedures.

Disciplinary measures on the job shall be applied and enforced by the Contractor or contractor’s personnel. The contractor shall recommend to the Contracting Officer’s Representative (COR) that any trainee who continues to disregard or violates safety rules be discharged from the program. The contractor may request termination by the COR of students for violation of safety rules or regulations when, in their judgment, such action is necessary to prevent injury.

PROJ NAME: FORESTRY INSTRUCTOR

UNIT: SCHENCK JCC

Contractor shall be responsible for seeing that the building area and classroom are cleaned at the end of each day’s session.

PLACEMENT SERVICE AND FUNCTIONS

Contractors shall be responsible for education development and college placement of students with Alabama A&M University or other institutions of higher learning in Forestry or a related field. The contractor shall also be responsible for job placement of all program completers who do not intend or lack the academic skill required to enter a college. Job and college placement shall be arranged for the students prior to graduation / completion from the Job Corps Program.

For the purpose of this section, program completer is defined in Chapter 100 of the Civilian Conservation Center Administrative Manual (FSH 1809.12). The requirements of Department of Labor Policy and Requirements Handbook, Chapter 2 Placements, must be met.

Since vocational completion and vocational placement measures are being developed by the Department of Labor for each Center, once established, these will become the target for the contract in the areas of completion and placement. As revisions are made, these will automatically become the new target. Any target placed on the Center will become part of the contract.

To the extent practical and feasible, the contractor shall make an effort to place all students who terminate from the program.

Because of the necessity for close integration and coordination with other Center’s activities, placement functions and services for involved students will be coordinated through the COR with the Center’s Counselor.

CONTRACTOR EMPLOYEE BACKGROUND CHECKS

Contractor agrees that, prior to hiring staff; these applicants will meet the requirements set by Contractor for drug testing and other background checks. The Contractor also agrees that, pursuant to the requirements of P.L. 101-647, Subtitle E, Section 231, 42 U.S.C. Section 13041, the following applies:

The Contractor shall ensure that all individuals provided by or through the Contractor, who have any contacts with children under the age of 18, undergo a Criminal History Background Check.

No additional staff or persons, other than existing staff, may be provided by or through the Contractor unless the staff person has successfully completed and passed a background check. If existing staff is insufficient to perform the contract, the Contractor shall notify the Contracting Officer, in writing, and request authority to hire additional staff provisionally until the completion of a background check. Background checks may be performed by third party investigative agencies. Such third party agencies must be approved or sanctioned by a state or federal law enforcement agency. A copy of the Criminal History Background check shall be provided to the Contracting officer and Contracting Officer Representative (COR).

PROJ NAME: FORESTRY INSTRUCTOR

UNIT: SCHENCK JCC

Any conviction of a sex crime, an offense involving a child victim, or a drug felony, will be grounds for denying employment or dismissal of the employee under this contract. In the case of an incident in which an individual has been charged with one of those offenses, when the charge has not yet been disposed of, the Contractor shall replace that individual until the case is resolved. Replacement of the individual shall not create any additional cost to the Government provided the employee removed due to allegations is not required to remain on the National Training Contract payroll. Conviction of a crime other than a sex crime may be considered if it bears on the individual’s fitness to have responsibility for safety and well-being of children.

Employment applications for individuals who are seeking work under this contract shall contain a question asking whether the individual has ever been arrested for or charged with a crime involving a child and, if so, a description of the disposition of the arrest or charge shall be required. The application shall state that it is being signed under penalty of perjury, with the applicable Federal punishment for perjury stated on the application. The Contractor shall first obtain the signature of the employee or prospective employee indicating that the employee or prospective employee has been notified of the Contractor’s obligation to require a criminal background check as a condition of employment and the employee’s right to obtain a copy of the criminal history background check by written request to the Contractor and the right to challenge the accuracy and completeness of any information contained in the criminal history background check..

REPORTING ALLEGED CHILD ABUSE

Pursuant to the spirit and requirements of P.L. 1010-647, Section 225 and 226, the following applies:

Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is; (a) a victim of a crime of physical abuse, sex abuse, or exploitations or (b) a witness to a crime committed against another person, the contract employee shall make a report of the suspected abuse to the Contracting Officer’s Representative within 24 hours. The initial report shall be made by phone and shall be followed-up in writing and shall provide salient points of the allegations. When such allegations about a Contractor employee occur, as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another Contractor employee. The subject employee will remain away from the work site until an investigation is completed. The Government will not incur additional costs by the Contractor who must provide a replacement employee. The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.

REPORTS, RECORDS, AND FILES

Contractor shall develop and maintain a file for each student giving pertinent data which will be helpful in job analysis, job development, and college or job placement. The Center will furnish data for this file to include age, academic data, work backgrounds and home location. The Contractor shall add to this file by maintaining records on activities that include; attendance, PROJ NAME: FORESTRY INSTRUCTOR

UNIT: SCHENCK JCC

progress, performance, successes, college placement test and any other pertinent information involving the students’ training while in the program.

Upon request by the COR, the contractor’s instructor shall provide a periodic progress report to the Centers’ Progress and Performance Evaluation Panel for review.

The instructor shall complete the Training Achievement Record (ETA 6-152) for weekly evaluations and counseling with each trainee. The instructor shall also assist center personnel with other center records relating to the trainee and training projects (i.e., work accomplishment notes necessary for quarterly reports).

All records and reports subject to the provision of the Privacy Act and Freedom of Information Act shall be maintained in accordance with the provisions of those Acts.

MEASUREMENT AND PAYMENT

Payment shall be made in accordance with the schedule of items as shown in Section B. All other work will be considered incidental and included in the payment for the items listed in Section B.

The Contractor shall forward a proper itemized invoice for the services performed and accepted, at the contract rates. The invoice should be mailed to the Contracting Officer’s Representative so that it is received by the 5th day of each month following the month services were provided.

Payment shall be made monthly. One single billing SHALL be provided each month and should be mailed to:

Contracting Officer’s Representative, Schenck Civilian Conservation Center 98 Schenck Dr., Pisgah Forest, NC

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly.

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

PROJ NAME: FORESTRY INSTRUCTOR

UNIT: SCHENCK JCC

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

CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Items.

CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (FEB 2012)

(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.

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(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.

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(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—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

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(iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(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 https://www.acquisition.gov/far/current/html/Subpart%2033_2.html#wp1079912 https://www.acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031290 https://www.acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031326

PROJ NAME: FORESTRY INSTRUCTOR

UNIT: SCHENCK JCC

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.

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(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.

(9) 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 FAR 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; and (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.

(3) 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 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 https://www.acquisition.gov/far/current/html/FormsStandard68.html#wp1189284 https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/far/current/html/Subpart%2032_8.html#wp1029202

PROJ NAME: FORESTRY INSTRUCTOR

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considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

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

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL ITEMS (FEB 2012)

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

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

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

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

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

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

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

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

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

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] X (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

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

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

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

__ (iv) Alternate III (Jul 2010) of 52.219-9.

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

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

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

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

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged

Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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