AG-82B1-S-10-0214_ Pages_5_thru_50 .pdf

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TABLE OF CONTENTS

SCHEDULE OF ITEMS - NOXIOUS WEED SPRAYING………………………………………………………6

BASE YEAR 2010 WITH OPTION TO RENEW IN 2011 AND 2012……………………………………………6

B.2 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

F. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

H. ORDERING PROCEDURE………………………………………………………………………………15

I. MEASUREMENT………………………………………………………………………………………….15

SECTION 2…………………………………………………………………………………………………………16

52.212-4 Contract Terms and Conditions - Commercial Items. (MAR 2009)………………………………….16 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial

Items. (SEP 2009)…………………………………………………………………………………………………..21 52.216-18 Ordering. (OCT 1995)………………………………………………………………………………….26 52.216-19 Order Limitations. (OCT 1995)………………………………………………………………………..26 52.216-22 Indefinite Quantity. (OCT 1995)………………………………………………………………………27 52.217-9 Option to Extend the Term of the Contract. (MAR 2000)…………………………………………….27 452.216-73 Minimum and Maximum Contract Amounts. (FEB 1988)…………………………………………28

WAGE DETERMINATION 95-0228 (rev. -23) 12/8/09…………………………………………………………28

ATTACHMENTS…………………………………………………………………………………………………32

SECTION 3…………………………………………………………………………………………………………33

52.212-1 Instructions to Offerors - Commercial Items. (JUN 2008)…………………………………………….34 52.212-2 Evaluation - Commercial Items. (JAN 1999)…………………………………………………………...37 52.212-3 Offeror Representations and Certifications-Commercial Items. (AUG 2009)………………………38 52.216-27 Single or Multiple Awards. (OCT 1995)………………………………………………………………49 52.217-4 Evaluation of Options Exercised at Time of Contract Award. (JUN 1988)………………………….50 52.217-5 Evaluation of Options. (JUL 1990)……………………………………………………………………..50

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SCHEDULE OF ITEMS - NOXIOUS WEED SPRAYING

BASE YEAR 2010 WITH OPTION TO RENEW IN 2011 AND 2012

Item 1 – North Fork Ranger District

Description

Unit of

Measure

Unit Price 2010

Unit Price 2011

Unit Price 2012

Road spraying with Truck or Full

Size Vehicle

Spray Mile

Road spraying with

ATV or UTV

Road spraying with Backpack or

Pack Animal

Area spraying with Backpack or

Acre

Item 2 – Pierce Ranger District

Road spraying with Truck or Full

Size Vehicle

Road spraying with

ATV or UTV

Road spraying with Backpack or

Area spraying with Backpack or

Item 3 – Seeding

Seeding Sprayed Areas

Contractors must include all costs of performing the work in the unit prices, including but not limited to, mobilization and chemicals.

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B.2 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling:

Item 1 – North Fork Ranger District

Calendar Year Minimum Spray

Miles

Maximum Spray

Miles

Minimum Acres Maximum Acres

2010 100 600 50 400

2011 100 600 50 400

2012 100 600 50 400

Item 2 – Pierce Ranger District

Calendar Year Minimum Spray

Miles

Maximum Spray

Miles

Minimum Acres Maximum Acres

2010 100 600 50 400

2011 100 600 50 400

2012 100 600 50 400

Item 3 – Seeding

Calendar Year Minimum Acres Maximum Acres

2010 0 10

2011 0 15

2012 0 15

NOTE: No minimum amount of seeding is guaranteed, the Government reserves the right not to order this item.

A. SCOPE OF CONTRACT. This contract requires spot application of listed herbicides for control of specified noxious weeds and related work, in compliance with its terms, specifications and provisions. The contractor shall furnish all supervision, personnel, personal protection equipment, transportation, equipment, chemicals, seed, operating supplies, and all elements required to perform the work except those listed as Government-furnished property. Application methods shall be spot application using ground based equipment and may include backpacks/ATV’s and/or full sized vehicles.

B. LOCATION AND DESCRIPTION. The work is located on the North Fork and Pierce Ranger Districts of the

Clearwater National Forest. Locations of specific treatment areas, size of treatment areas, maps, and other pertinent information will be provided with the task orders. The roads scheduled for spray treatment are on maintained and unmaintained system roads. Road conditions may vary from paved surface, two-lanes wide to single lane native surface with brush growing over road. Some roads may not be drivable with full sized vehicles or ATV’s. At times vehicle access may be limited or restricted to protect resources. The areas for spraying may include landings, dispersed sites, campgrounds, administrative sites, rock pits, stock piles, and vegetative units.

C. DEFINITIONS OF TECHNICAL SPECIFICATIONS AND TERMS

Aquatic Buffer Area. An area within 15 feet of standing or running water within which no application of herbicides, other than aquatically approved types, is permitted.

Ground Based. Spray equipment mounted on terrestrial vehicles or carried by animals or people, and equipped with one or more nozzles mounted on booms, spray heads or wands to apply herbicides uniformly and consistently as per label and contractual requirements to targeted weeds within acceptable application areas.

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Examples of ground based equipment would include pick-ups or trucks with spray booms with multiple nozzles or solid stream oscillating spray head type equipment with multiple nozzles, ATV’s with spray booms with multiple nozzles, backpack sprayers with spray booms with multiple nozzles or wands with a single nozzle, and/or horse mounted sprayers with spray booms with multiple nozzles or wands with a single nozzle.

Spot Application. The focused application of herbicide sprays to localized or restricted areas that contain populations of targeted weeds as differentiated from overall broadcast or complete coverage application regardless of weed occurrence. If an area exhibits a continuous occurrence of targeted weeds, that area would be considered a spot or multiple adjacent spots requiring treatment to the extent of the infestations or populations.

Spray Mile: Mile of one side, one pass of a specified road to drive and spray as needed.

GOVERNMENT-FURNISHED PROPERTY

Personal Data Recorders (PDRs) and herbicide application documentation forms will be provided to the Contractor.

A sample form is provided in the Attachments. The Government will also provide the watershed boundary information for reporting purposes and the State of Idaho noxious weed booklet.

D. TECHNICAL SPECIFICATIONS

(a) GENERAL REQUIREMENTS

1. Where possible, the Contractor shall apply one of the approved herbicides listed in Table 1, prescribed in the task order or agreed to by the Contracting Officer’s Representative (COR) and at the rates specified on the herbicide label, using spot application technique to all target weeds. For road spraying, the spray treatment shall cover noxious weeds that occur from the toe of the fill to the top of the cut, the running surface, turnouts, and existing landings including up to a maximum of 50 feet slope distance from the road centerline on both sides.

Areas requiring spot herbicide treatment will vary from small patches to long strips to large areas. Areas may include spraying decompacted landings and stock piles where few or no weeds are present but possible seed sources exist.

2. Required spot herbicide applications shall only be permitted where target weeds or shrubs are present, using only spot applications with ground based application equipment and not within aquatic buffer areas as described in Table 2.

3. Required spot herbicide applications shall comply with respective herbicide labels and applicable

Federal and State regulations.

4. The Contractor shall comply with all applicable OSHA, EPA, manufacturer’s directions, Idaho State and Federal requirements for handling herbicides including storage, transportation, application, container disposal and cleanup of spills.

5. The contractor shall maintain, by specified watershed, a daily log of herbicide applications by treatment sites as well as maps of the application areas. The Contractor shall make the PDR available to the Government at weekly intervals for data transfer and provide hard copies of completed log forms and treatment site maps at the conclusion of the application project.

6. Seeding work shall consist of applying seed the full length and width of sprayed areas that are determined by the Government to require seeding. The need for seeding shall be based on areas with

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7. The contractor shall be responsible for removing or cutting out any trees blocking road access.

(b) CONTRACTOR’S PERSONNEL AND EQUIPMENT REQUIREMENTS

1. The Contractor shall supply all herbicides required by this contract. All herbicide applications shall be performed or directly supervised by an applicator with a current and valid Idaho State

Professional Pesticide Applicator’s License with certifications in the appropriate categories. The applicator’s license(s) shall be made available to the Government for review/inspection prior to the start of spray operations.

2. The applicator shall be able to identify the target weed or shrub species in all stages of development as well as distinguish between those weed species and other non-target species. Herbicide application to non-target species will constitute noncompliance and will subject the Contractor to possible default.

3. Treatment areas often require changing herbicide to meet the requirements and restrictions of the product labels, to be effective on the weeds present, to respond to different site conditions and to minimize damage to non-target vegetation.

4. Equipment to be used for application will be subject to inspection by the Government prior to performance of the contract. Equipment in poor condition or incapable of performing at acceptable levels shall be replaced upon written direction by the Contracting Officer’s Representative. Failure to comply will constitute noncompliance and will subject the Contractor to possible default.

Rejection of equipment does not relieve the Contractor from the responsibility to perform the required work.

5. The Contractor shall provide ground based equipment for spot application of the herbicides listed in

Table 1. The equipment shall be properly calibrated for label required application rates prior to use and equipment and settings shall be maintained for the duration of the contract. A copy of the calibration documentation shall be provided to the Contracting Officer’s Representative prior to initiation of spraying. Equipment shall also be capable of accurately recording the distance traveled while applying herbicide mixes for purposes of recordkeeping.

6. The Contractor shall maintain all nozzles on application equipment in a clean and fully functional condition for the duration of the spray project. Equipment (including fittings and tank lids) used for transportation, storage, or application of herbicide mixes shall be maintained by the Contractor in leak-proof condition.

7. Contractor equipment to be used for application will be subject to inspection by the Government prior to execution of the contract. Equipment in poor condition or incapable of performing at acceptable levels shall be replaced upon written direction by the Contracting Officer’s Representative. Failure to comply will constitute noncompliance and will subject the Contractor to possible default.

Rejection of equipment does not relieve the Contractor from the responsibility to perform the required work.

8. The Contractor shall insure that all equipment including personal clothing moved onto the District and between units is free of soil, seeds, vegetative matter, or other debris that could contain or hold noxious weed seed. The Forest Service will inspect equipment to insure compliance.

9. Treatment activity and techniques shall not contribute to measureable or noticeable erosion, extensive or

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10. The contractor shall report immediately all details of any occurrence of herbicide spills, exposure incidents or accidents, and/or worker health complaints, if any occurred, to the Contracting Officer’s

Representative.

11. A spill cleanup kit shall be available in all vehicles carrying herbicides.

(c) HERBICIDE SPECIFICATIONS, HANDLING AND APPLICATION REQUIREMENTS

1. Herbicides approved for use within the Project Area are listed in Table 1 below. No other product shall be used without prior consent from the Contracting Officer Representative.

Table 1

Active Ingredient

Example Trade

Names

Clopyralid

Transline or Stinger or Curtail

Aminopyralid

Milestone

Glyphosate

Rodeo, Aqua Neat or equivalent

Clopyralid + 2,4-D

Curtail

2,4-D

Amine 4, Amine 400, Platoon or equivalent

Triclopyr

Garlon 3A

Metsulfuron

Escort, Ally

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2. All herbicide applications shall comply with the following buffer distances from water, maximum wind speeds during application, applications methods, and herbicides restrictions associated with aquatic habitats listed in Table 2.

Table 2

Dist. from Surface Water Max. Wind Speed Herbicide Application Method Herbicides Authorized

0 feet

N/A

Chemicals shall not be used over water, including water standing or running in ditchlines.

none

< 15 feet from surface water

6 mph

Spot spraying of individual plants with aquatically approved chemicals. Ground based, single nozzle with handgun, wand, wicking or wiping.

Glyphosate products Without a surfactant

15-100 ft. from surface water

6 mph

Focused spaying of target species - may include area spraying when weed populations are continuous or substantially occupy areas.

Ground based, truck mounted multiple nozzle, ATV multiple nozzle system, single nozzle with handgun, wand, wicking or wiping

Glyphosate products with a surfactant, dicamba, 2,4-D amine, triclopyr-TEA, metsulfuron, and clopyralid, Curtail, Aminopyralid

>100 feet from surface water

10 mph

All appropriate ground application methods - includes spot spraying, focused spraying, or broadcast spraying as weed populations warrant.

All chemicals listed above as well as picloram

3. All application rates shall comply with herbicide labels requirements and restrictions.

4. Spot herbicide applications shall only treat the minimum area necessary for the control of noxious weeds or shrubs using only selective spot spraying of target species or areas where few or no weeds are present but possible seed sources exist.

5. In order to facilitate monitoring of herbicide applications, minimize overspray and prevent repeat applications, Hi-light blue dye shall be mixed at a minimum concentration, 8 fluid oz. per hundred gallons, and applied with all herbicide sprays applied under this contract.

6. The Surfactant R-900 or similar shall not be used. Surfactants shall not be used with

Glyphosate/Rodeo for applications within 15 feet of standing or running water. Only non-ionic surfactants shall be used with other herbicides.

7. The contractor shall develop a spill contingency plan prior to any herbicide application. This plan will be subject to review and approval by the Contracting Officer’s Representative. Individuals involved in herbicide handling or application shall be instructed on the spill contingency plan including spill control, containment, and cleanup procedures. A spill cleanup kit shall be available in all vehicles carrying herbicides.

8. The Contractor shall transport spray concentrate containers in a compartment that is isolated from food, clothing, and safety equipment and in a manner to prevent tipping or spilling of the contents.

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9. Equipment used for transportation, storage, or application of herbicides shall be maintained in leak proof condition.

10. The Contractor shall provide equipment with either an anti-back siphon valve or an air break on tank fill connections or openings to prevent contamination of fill site water sources. On-site water is available from Forest Service administrative sites. Other potential sources within the project area will be approved by the Contracting Officer Representative prior to use. No water shall be used from developed campgrounds. If drafting occurs, the proper State permits shall be obtained by the

Contractor. Drafting locations will be approved by the Government.

11. No herbicide mixing will be authorized within 100 feet of any live waters. All mixing and loading operations shall be undertaken only in areas where any accidental spill could be contained prior to contamination of a stream or body of water.

12. All empty herbicide containers shall be triple-rinsed and the residue returned to the tank and spot sprayed on target weeds in permitted specified treatment areas. All empty and rinsed herbicide containers shall be slashed, and properly disposed of at an appropriate site as per Idaho State Law.

13. During spot application work, weather conditions shall be monitored by the applicator at spray locations. General weather conditions shall be recorded as part of the site treatment records.

Herbicide application shall be suspended when any of the following conditions occur:

i. Temperature exceeds 85 F

ii. wind speeds exceed those listed in Table 2

iii. precipitation is occurring or imminent

14. Herbicides shall not be applied within 25 feet of known TES plant locations as flagged or otherwise marked by the COR. Focused hand spraying of targeted species is required from 25 to 50 feet from known TES plant locations. Vehicle-based herbicide applications will not be permitted within 50 feet of known TES plant locations.

(d) NOXIOUS WEED SPECIES

All noxious weeds listed in the State of Idaho noxious weed booklet, as well as the Common

Tansy (Tanacetum vulgare) and sulphur cinquefoil (Potentilla recta) will require treatment.

(e) SEEDING SPECIFICATIONS

The seeding work shall conform to the Federal Seed Act, the Federal Noxious Weed Act, and applicable State and local seed and noxious weed laws. Do not use wet, moldy, or otherwise contaminated or damaged seed.

Apply seed by dry method. No fertilizer shall be used. Do not seed during windy weather or when the ground is excessively wet, frozen, snow covered or extremely dry. The Contractor shall furnish the kinds of seed and the amounts to be applied in terms of pure live seed as follows:

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Table 3

Kind of Seed

Quantity of

Pure Live Seed (lbs/acre)

Annual rye grass (Lolium multiflorum) - 20%

7.0

Idaho fescue (Festuca idahoensis) - 25%

8.8

Mountain brome (Bromus marginatus) - 35%

12.2

Bluebunch wheatgrass (Psuedoroegneria spicata) - 15%

7.0

Total

35 lbs/acre

Determine the pounds of seed to be furnished per acre by dividing the pounds of pure live seed required per acre by the product of the percent purity and percent germination.

Example: 5 lbs. pure live seed/acre = 6.5 lbs. commercial seed per acre

0.90 x 0.85

Purity = 90%

Germination = 85%

Seed analysis labels attached to the bags shall be provided to the Forest Service. No other seed shall be used without prior consent from the Contracting Officer Representative.

E. CONTRACTOR QUALITY CONTROL

The Contractor is responsible for the quality of work and is expected to conduct their own prompt inspections to ensure the technical specifications are being met. Government inspections are for payment determination only, and are not intended to be used as a quality control by the

Contractor. Any delay in Government inspections will not cause the Government to be responsible for the Contractors’ quality.

F. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

(a) Inspection. The Government’s quality assurance inspections will determine compliance with specifications and provide the basis for computing the rate of payment. The Government will make periodic visual inspections of each subitem to determine adherence to specifications. Visual inspections can occur anytime during the performance of the work.

Spraying of areas where few or no weeds are present but possible seed sources exist and the seeding will be evaluated on visual inspection of the work for compliance with specifications.

If the visual inspection of sprayed areas where weeds are present indicates unsatisfactory work, then a representative sample of plots will be taken to determine the quality of the work performed. Each contract subitem will be inspected separately and inspection results will not be averaged with those of other contract subitems.

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(b) Procedures. Inspections will consist of visual observations and/or sample plots to determine compliance with the specifications. The inspections will be located throughout the sprayed areas to obtain a representative sample of the work. Individual target plants will be examined to determine whether the plant was sprayed according to specifications. The wilting, curling, discoloration or killing of target plants shall be used as a measure of application effectiveness. At approved application rates, the effect of herbicides on the target plants should be visible within three to five days following application (when applied during the plant’s vigorous growing period). The Forest

Service will allow sufficient time for herbicide effects to show on target plants before conducting inspections for contract performance and compliance.

An inspection summary for each subitem will be recorded as follows:

1. Number of target plants that should have been sprayed.

2. Number of target plants satisfactorily sprayed.

Spraying quality for each subitem will be calculated as follows:

number of satisfactorily sprayed target plants X 100 = spraying quality percent number of target plants that should have been sprayed

(c) Rework and Reinspection After Rework. When inspection results are below 90 percent, payment will not be made until the spraying deficiencies have been corrected. Reinspections after rework will be made in the same manner as the first inspections but on different plots. The contractor shall pay for inspections necessitated by the rework.

Noncompliance with treatment specifications or any other contract requirements will classify the treatment as unacceptable and rework will be required to bring the treatment into compliance.

If an area has been documented as weed free at the time of inspection by the Contractor, but subsequent inspection by the Forest Service discovers that weeds were present on the site, the

Contractor will be required to return to the site to treat these infestations.

Application of unauthorized herbicides to riparian buffer areas will constitute noncompliance and will subject the contractor to possible termination for default.

Application of herbicides to non-target species when no target weeds or specified shrubs are present will constitute noncompliance and will subject the Contractor to possible termination for default.

G. DELIVERIES OR PERFORMANCE REQUIREMENTS

Performance Period.

It is estimated that weed spraying and seeding will be required only between May 1 and October 31, with the majority of the spray work occurring in June and July each year. The majority of the seeding work shall occur during the periods May 1 to June 1 or September 1 to October 15 th, unless otherwise approved by the Contracting

Officer’s Representative.

Successful herbicide treatment of targeted noxious weed or shrub populations requires application of appropriate herbicides at the proper growth stage of the targeted weeds or shrubs and within a period of dry weather that shall facilitate maximum effectiveness of the applied chemical. It is therefore imperative that work be performed when the targeted plants are at the proper growth stage and weather conditions are suitable for application and absorption

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The estimated start date and required completion date will be specified in each Task Order. The amount of contract time allowed for each Task Order will equal a minimum of one calendar day for every 20 acres ordered and one calendar day for every 40 spray miles ordered.

Whenever it is determined that the environmental or weather conditions become unsuitable for noxious weed or shrub treatment as per the herbicide label or contract restrictions, the Contractor shall suspend operations.

NOTE: The Government reserves the right to direct the sequence in which work is performed.

H. ORDERING PROCEDURE

Task Orders will be placed with the Contractor by the Government. Order(s) may be placed by mail, facsimile, electronic commerce, or orally with written confirmation.

At a minimum each task order will contain a description of work ordered including a listing of treatment areas, roads, and maps, an estimated quantity of work ordered, the estimated start work date, and the estimated contract time for the task order.

I. MEASUREMENT

The approximate locations to be sprayed will be generally described in the task order listing of road segments and areas and included maps. The actual specific areas to be sprayed will be determined by the presence of specified target noxious weed or shrub species within the specified road segments as well as adjacent limiting riparian buffer areas. The Contractor shall measure the road segments driven and sprayed where needed at the time of treatment.

In addition, the Contractor shall map the spray locations on the PDR. The spray segments as well as the application data shall be kept separate by the specified watershed boundaries.

J. PAYMENT

Payment will be based on:

Per mile treatment: satisfactorily treated spray miles which is defined as miles of one side, one pass of a specified road driven and treated where required. Payment will be based on total road miles.

Per acre treatment: satisfactorily treated acres recorded in the PDR. Payment will be based on total area.

The Contractor shall tally and report for payment the length of road segments and acres specified for treatment as treatment is occurring.

The Contractor shall submit completed data to the Government on the hard copy herbicide application documentation forms and in the PDR for all treated areas.

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SECTION 2

52.215-2 Audit and Records-Negotiation (Mar 2009)

52.245-1 Government Property. (JUN 2007)

52.245-9 Use and Charges. (JUN 2007)

52.212-4 Contract Terms and Conditions - Commercial Items. (MAR 2009)

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

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

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

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

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

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-

613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

Contracting Officer of the cessation of such occurrence.

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

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(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct

EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds

Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and

Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment

Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

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(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.

(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.

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(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 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

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(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; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41

U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with

Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(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

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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

(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 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 the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-

5757.

(End of clause)

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

Items. (SEP 2009)

(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 (SEP 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 (DEC 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

American Recovery and Reinvestment Act of 2009.)

X(4) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (MAR

2009) (Pub. L. 111-5).

[ ](5) 52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a).

[ ](6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

[ ](7) Reserved.

X(8)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ](ii) Alternate I (OCT 1995) of 52.219-6.

[ ] (iii) Alternate II (MAR 2004) of 52.219-6.

[ ](9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ](ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ ](10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and

(3)).

[ ](11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4).

[ ](ii) Alternate I (OCT 2001) of 52.219-9.

[ ](iii) Alternate II (OCT 2001) of 52.219-9.

X(12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

[ ](13) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C.

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

[ ](14)(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 (JUN 2003) of 52.219-23.

X(15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ](16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting

(OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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[ ](17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

(May 2004)(15 U.S.C. 657 f).

X(18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.

632(a)(2)).

X(19) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X(20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (E.O.

13126).

X(21) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

X(22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

X(23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

X(24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

X(25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

[ ](26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees

(DEC 2004) (E.O. 13201).

X(27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ](28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ](ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ](29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

[ ](30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal

Computer Products (DEC 2007) (E.O. 13423).

[ ](ii) Alternate I (DEC 2007) of 52.223-16.

[ ](31) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[ ](32)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41

U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

[ ](ii) Alternate I (JAN 2004) of 52.225-3.

[ ](iii) Alternate II (JAN 2004) of 52.225-3.

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[ ](33) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X(34) 52.225-13, Restrictions on…