AG-82B1-S-10-0167.doc

SERVICE RFQ

SOL #: AG-82B1-S-10-0167

LoLo National Forest, Missoula Ranger District

Trail Brushing and Clearing

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

EROC Intermountain Team 740 Simms Street

Golden, CO 80401

FOB DESTINATION

OTHER (See Schedule)

11. SCHEDULE (Include applicable Federal, State and local taxes)

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I — THE SCHEDULE

SECTION B -- SERVICES AND PRICES

Trail Maintenance and Waterbar Installation B-1 Schedule of Items

Item No. 1 - Trail Opening, Waterbar Cleaning, Brushing and Clearing - Wilderness

Total Quote Item NO. 1

Item No. 2 - Trail Opening, Waterbar Installation and Cleaning, Brushing and Clearing - NON-Wilderness

Total Trail Miles

117.45

Total Water Bars

60.00

Total Quote item NO. 2

Total Quote item NO. 3

B-2 – Basis of Award

The Government will make one award for the contract resulting from this solicitation to the responsible offeror whose offer is the lowest evaluated price or proposals meeting or exceeding the acceptability standards for the non-cost factor.

Award may be made without further negotiations. Proposals should be submitted initially on the most favorable terms, from a price and technical standpoint, which the offeror can submit to the Government.

SECTION C -- DESCRIPTION/SPECIFICATIONS

GENERAL SPECIFICATIONS

C-1 – Scope of Contract

This contract requires trail opening of wilderness and non-wilderness trails. It requires brushing, logging out, and cleaning of existing waterbars for all trails listed under Items 1 and 2. It also includes the installation of waterbars. All work shall be to full specification and compliance with its terms, specifications and provisions. The Contractor shall furnish all labor, equipment, supervision, transportation, operating supplies and incidentals to perform all work necessary.

C-2 – Location and Description

This project is located on the Missoula Ranger District, LoLo National Forest, Missoula County, MT. See Section J for maps of trail locations and termini (Exhibits A-C).

The work involves trail opening, cleaning and brushing; and the cleaning of existing waterbars. The installation of waterbars will also be required. Treated waterbars, provided by the Government, will be required on the Lantern Ridge Trail No. 309 (Sub-Item 2.8a) and Skookum Butte Trail No. 304 (Sub-Item 2.24a). Native waterbars, to be cut and peeled on site, will be required on the Stuart Peak Trail No. 517 (Sub-Item 2.22a). These tasks shall be completed by the dates shown in F-2 of Section F – Deliveries or Performance, snow melt and other access conditions permitting. All rules and regulations pertaining to travel restrictions and other activities on National Forest lands shall be adhered to during the performance of the work. Examples are: motorized use restrictions in Federally designated Wilderness areas, weed free hay requirements, food storage in bear country, and travel and camping restrictions in effect in certain areas.

C-3 – Contract Administration

At a prework meeting to be held before work actually is to begin, the Contractor shall designate, in writing, a person to act for the Contractor during his/her absence from the work site. The Contractor shall list the extent of authority this representative will have on the job. The Contractor or the authorized representative shall receive orders and instructions from the Contracting Officer and shall take such action as is required to keep the job in progress under the terms and conditions of the contract. Both the Contractor and any designated representative(s) shall have both oral and written command of the English language. A work progress schedule will also be required at the prework meeting to ensure all trails are completed by October 15, 2011.

C-4 – Camping and the use of stock

Camping will be permitted at locations designated by the Contracting Officer’s Representative (COR). Camping within the Rattlesnake Wilderness requires adhering to the Special Order for food storage within the northern continental divide grizzly bear ecosystem, dated April 15, 1998, located in Section J and titled: Exhibit I.

A camp management plan must be submitted to and approved by the Contracting Officer prior to occupying any camp on national Forest land. Camping is restricted to low impact camping methods. The plan shall address: camp location, low impact methods, food storage, stock use and containment, and disposal of garbage and human and animal wastes. Specific requirements are listed below.

All food, garbage, livestock and pet foods, and attractants shall be made unavailable to bears. During daylight and nighttime hours, all camps shall be attended or else food, garbage, and attractants shall be stored in a bear resistant manner. Camp and work areas shall be kept odor free and clean to avoid attracting bears.

Dishwater must be disposed of in an excavated sump and covered with a layer of soil every time dishwater is discarded.

Burnable attractants shall not be buried or burned in campfires. (The burning of leftover food is not recommended. Leftover food or waste should be placed in a sealed bag or container and packed out with garbage.) If leftover food or other attractants must be burned, burning in a contained fire stove or in an appropriate container over a campfire is acceptable. The unconsumed attractants shall be placed with other garbage and packed out. Paper trash, such as excess packaging, may be burned completely to ash in a campfire or contained fire stove.

Sleep areas will be located 100 feet from locations where food is prepared, eaten, or stored.

All project workers will be instructed on avoiding bear encounters and on how to behave if a bear is encountered.

Riding and pack stock may be used to transport personnel, supplies, materials, and equipment to, from and within the project area. Commonly accepted, low impact stock handling techniques shall be used to minimize the impact from stock on National Forest land. Stock use on national Forest land is restricted as follows:

1. Stock shall not be tied to trees except for brief periods, less than 1 hour, for loading and unloading. For longer periods, low impact high-line methods or electric fence-type corrals shall be used, see Section J, Exhibit H.

2. Stock kept overnight shall be limited to the number needed to accomplish project work.

3. Stock will not be permitted to graze. All stock feed shall be provided by the Contractor and shall be certified free of weed seeds.

Technical Specifications

Technical specifications C-5, C-6, and C-7 shall be applied to all sub-items contained within Items No. 1, Sub-Items 1.1 – 1.8 and Item No. 2, Sub-Items 2.1 – 2.25. Technical specification C-8 and C-9 shall apply to Item No. 2, Sub-Items 2.8a, 2.22a and 2.24a.

C-5 Trail Opening

This work consists of removing logs and down or leaning trees within the travelway. It also includes loose rock and woody debris removal from the trailbed. The clearing limits of the travelway are identified on Exhibits D, E and F, which are located in Section J.

(a) Trees, logs and stumps

Cut and remove all down logs and trees that extend across or into the clearing limits. The portions of cut logs that remain on the upper side of the trail shall be either firmly anchored to prevent sliding or rolling onto the trailway or moved across the trail to the lower side and scatted outside the clearing limits. Logs that have been previously cut but still extend into the clearing limit shall be cut again if the top of the log is more than 24” above the ground and less than 36” from the centerline of the tread. These logs shall be cut at the edge of the clearing limit (4’from centerline of tread). Logs that have been previously cut with tops less than 24” above the ground and 36” from the centerline of the tread need not be cut again.

Fell all trees less than 10 inches in diameter that are leaning into or are within the clearing limits. Stump height of the leaning trees that are cut outside the clearing limits shall not exceed 6 inches as measured from the uphill side of the stump. Disposal and payment for the leaning trees shall be the same as for down logs and trees.

Uprooted trees within the travelway shall be removed to maintain the original trailbed alignment. Damage to the trailbed caused by the uprooted tree shall be filled in to provide clear safe passage. If the rootball cannot be moved by hand to allow unobstructed passage on the original trailbed location, the trailbed alignment must be changed to effect clear passage with the centerline of the new trailbed being 4 feet from the new clearing limit.

The section of old trail tread shall be obliterated. Payment for such work will be incidental to the specified work item, and no extra payment will be made.

Scatter the down trees and logs on the lower side of the travelway, outside the clearing limits. Do not place such material in stream channels, drainage ways, ditches, culvert catch basins, or other locations where they would prevent the free flow of water away from the trailbed.

(b) Rock Removal All loose rock, cobbles, and clumps of soil exceeding 3 inches in any dimension shall be removed from the trailbed, (an area approximately 1 foot on each side of the trail centerline), and deposited at least 3 feet away from the centerline on the downhill side of the trail. This specification does not apply to sections of trail tread where they cross sections of continuous loose talus rock. In sections of continuous talus, loose rock greater than 5” in any dimension shall be removed and placed as described above.

(c) Wood Debris

All loose wood debris including, but not limited to, limbs, branches, and other tree remnants larger than 1 inch in diameter or 18 inches in length that have fallen on the trailbed shall be removed.

C-6 – Waterbar Cleaning

Clean the upgrade side of all existing waterbars and maintain them as SHOWN ON THE DRAWINGS (Exhibit G). Accumulated dirt, rocks, and debris shall be removed from the upgrade side of all waterbars and associated drainage ditches to provide effective drainage. All loose & compact dirt, rock and debris in the trail tread within 2’ of the waterbar on the upgrade side must be removed to a depth ½ the diameter of the waterbar to permit water to flow freely from the tread. Accumulated dirt shall be placed and packed on the immediate downgrade side of the waterbar.

C-7 – Brushing and Clearing

The work consists of cutting, removing and disposing of live and dead material found within the clearing limits as SHOWN ON THE DRAWINGS (Exhibit D).

Cut and remove from the clearing limits all woody plants exceeding ½” in stem diameter or 12” in height. The maximum size material to be cut under this specification is 4” in diameter when measured at a height of 6” above the ground on the uphill side of the stump. Cut all brush and small, woody plants as near flush to the ground surface as possible. When impractical to cut plants flush, due to an obstruction, the maximum stem length shall be 2”.

Except as provided above, all limbs and branches more than ½ inch in diameter that extend into the cleared area shall be cut FLUSH with the tree trunks or stems or cut at the ground surface as SHOWN ON THE DRAWINGS (Exhibit D). Make cuts in a manner that will not tear or strip bark from trees.

Scatter the clearing debris removed from the clearing limits outside and below the clearing limits. Do not place materials in stream channels, drainage ways, ditches, culvert inlets or other locations where they would prevent the free flow of water away from the trailbed.

C-8 – Waterbar Installation

Embed cut and peeled native and treated logs into the trailbed to form a waterbar across the trail and anchor as SHOWN IN THE DRAWINGS (Exhibit G1, in Section J). As noted in the drawing (Exhibit G1), native waterbars must be cut to length as staked on the ground. Native stakes shall be used and must be driven at an angle so they are tight to the up grade and down grade sides of the waterbar at the drain end, and lap over the top of the waterbar. Stakes shall be trimmed to minimize tripping hazard. If stones of a size SHOWN IN THE DRAWINGS are readily available at the installation site, they shall also be used on the fill slope end of the bar. Stones are to help anchor the waterbar. Stones will be placed beyond the edge of the tread and must not encroach on the trail tread. In the absence of a backslope, anchor the upgrade end in the same manner as the downgrade end.

The Government will stake the locations, on the ground, of all waterbars to be installed.

C-9 – Government Furnished Property

(a) Property: All treated waterbars (40) shall be provided by the Government. They will be available at the Forest Service wareyard facility at: 1615 Catlin, Missoula, MT 59801

SECTION E -- INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

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

SECTION F -- DELIVERIES OR PERFORMANCE

F-1 – Clauses Incorporated By Reference (FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effects as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far and the Agricultural Acquisition Regulations (AGAR) may be accessed at http:www.usda.gov/da/procure/agar/subchaph.html#11.

52.242-14 Suspension of Work (APR 1984)

F-2 – Performance Period

Item No.

Approximate Starting Date

1 & 2

July 12, 2010 – October 15, 2011

All work for Item no. 1 and item no. 2 shall be completed by October 15, 2011, unless snow and trail conditions prevent timely completion. The Contractor shall begin work approximately July 12, 2010 and maintain progress at a rate which will assure completion of the work within the calendar time specified.

The Government may issue a Notice to Proceed (NTP) as soon as weather and ground conditions are favorable for work. The count of the contract time will start on the date specified on the Notice to Proceed (NTP).

F-3 – Variation in Estimated Quantity (FAR 52.211-18) (APR 1984) If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

SECTION G -- CONTRACT ADMINISTRATION DATA

G-1 – Measurement and Payment

(a) The quantity to be paid for will be measured in miles and tenths of miles, and will be those sections of trail that are included in the contract, completed and accepted.

(b) Downfall areas that have an extraordinary amount of downed timber, slough and debris shall constitute a differing site condition and will be administered in accordance with that regulation.

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

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

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

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

FIRE CONTROL

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with a 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site when all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. NOT USED

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Submit a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

LANDSCAPE PRESERVATION

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment prior to entry on to National Forest land. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only construction equipment so cleaned and inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in. "Construction equipment" does not include pickup trucks and personal vehicles, but does include motorcycles.

PREWORK CONFERENCE

Prior to commencement of work, the Contracting Officer’s Representative will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

PART II -- CONTRACT CLAUSES

SECTION I -- CONTRACT CLAUSES

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) (Applicable if contract exceeds $30,000) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.222-3 Convict Labor (JUN 2003)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000)

52.222-41 Service Contract Act of 1965, as Amended (JUL 2005)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.232-1 Payments (APR 84)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-11 Extras (APR 1984)

52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009--Use the clause at 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 in all solicitations and contracts funded in whole or in part with Recovery Act funds.

Whistleblower Protections Under The American Recovery And Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause) 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

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

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

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

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

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

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

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

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

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

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

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

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

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

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

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

52.204-11 American Recovery and Reinvestment Act—Reporting Requirements. Insert the clause at 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements in all solicitations and contracts funded in whole or in part with Recovery Act funds, except classified solicitations and contracts. This includes, but is not limited to, Government wide Acquisition Contracts (GWACs), multi-agency contracts (MACs), Federal Supply Schedule (FSS) contracts, or agency indefinite-delivery/indefinite-quantity (ID/IQ) contracts that will be funded with Recovery Act funds. Contracting officers shall ensure that this clause is included in any existing contract or order that will be funded with Recovery Act funds. Contracting officers may not use Recovery Act funds on existing contracts and orders if the clause at 52.204-11 is not incorporated.

American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a) Definitions. As used in this clause—

“Contract”, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report.