AG-82B1-S-10-0357.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 378948 44

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

AG-82B1-S-10-0357

DATE

5/3/10

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Sandra Aiken calls) 208-983-4015 LOCAL TIME

INFORMATION CALL: 5/17/10 @ 4:00

p.m. Pacific Time

9. ISSUED BY CODE 10. THIS ACQUISITON IS

US Forest Service UNRESTRICTED OR SET ASIDE: 100 % FOR

Intermountian EROC SMALL BUSINESS EMERGING SMALL

BUSINESS

740 Simms Street Golden, CO 80401

HUBZONE SMALL

NAICS: 115310 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $7.0 OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

RECOVERY - Noxious Weed Spraying Clearwater NF, Lochsa and Powell Ranger Districts

To be considered for award all bidders shall complete and return SF 1449, The Schedule of Items, Provision 52.212-3 Offerors Representations and Certifications - Commerical Items, Experience Questionnaire and Techincal Proposal.

You May Submit your Quote to the Address in Block 9 or to FAX # 208- 983-4098, ATTN: Sandra Aiken

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

Sandra Aiken

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

COMMERCIAL ITEMS SOL # - AG-82B1-S-10-0357

RECOVERY – Noxious Weed Spraying Lochsa and Powell RD – Clearwater NF

Continuation of SF1449:

Block 27: The full text of a clause or provision may be accessed electronically at these addresses:

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

SCHEDULE OF ITEMS - NOXIOUS WEED SPRAYING

BASE YEAR 2010 WITH OPTION TO RENEW IN 2011

Item 1 – LOCHSA/POWELL Ranger District

Description

Unit of

Measure

Unit Price 2010

Unit Price 2011

Trail spraying with Backpack or Pack Animal

Spray Mile

Area spraying with Backpack or Pack Animal

Acre

Item 2 – Seeding

Description

Unit of

Measure

Unit Price 2010

Unit Price 2011

Seeding Sprayed Areas

Acre

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

NOTE TO QUOTERS: Technical Proposals are required for the evaluation of quotes. You may use the experience questionaire form provided for the past experience evaluation factor.

Task orders will be issued as work needs are identified and funding becomes available.

Each Item will be evaluated independently. The Government may make a single award or multiple contract awards from this solicitation. Quoters must submit prices for all categories within an Item to be considered for award of that Item. Contractors may quote on all Items and limit the total amount of work they could accept in the Technical Proposal.

DUNS Number: _____________________________________________________________

Taxpayer Identification Number (TIN): _________________________________________

SCOPE OF CONTRACT: This contract requires herbicide spraying of noxious weeds along trails within the Clearwater National Forest. The contractor shall furnish all supervision, personnel, personal protection equipment, transportation, equipment, operating supplies, and all elements required to perform the work except those listed as Government-furnished property. Ground based application will be used and may include backpack sprayer and/or mule or horse sprayers. All Idaho listed noxious weeds will be treated within the project area. Spotted knapweed is the most prevalent noxious weed on the site.

LOCATION AND DESCRIPTION

The work is located on the Lochsa and Powell Ranger Districts of the Clearwater National Forest; Clearwater, and Idaho Counties. Locations of specific treatment areas and maps will be provided with the task orders. See the Proposed Treatment Areas for 2010 uploaded in a separate file.

Infestation site location: Infestations are anticipated to vary from scarce and scattered, to patchy along all of the trails to be treated. Trailside treatment generally includes 100 feet on either side of the trail. Per acre treatment involves treatment of the acreage listed in the schedule of items, and mapped on the data recorder.

Some trails are accessible by ATV’s and or motorcycles, but most will require backpack spraying. See Clearwater National Forest Access Guide for details.

1. It is anticipated that infestations will be accessible from late-April through October 31, with the majority of the work occurring in June and July each year.

Herbicide Treatment Areas: The government reserves the right to determine the priority of treatment areas and order of herbicide application.

Seeding: Shall be based on areas mapped with PDR by Forest Service.

Item 1: Treatment

Calendar Year

Minimum Spray Miles

Maximum Spray Miles

Minimum Acres

Maximum Cares

2010 50 300 50 300

2011 50 300 50 300

Item 2: Seeding

Calendar Year

Minimum Acres

Maximum Acres

2010 2 10

2011 2 15

GOVERNMENT-FURNISHED PROPERTY

Personal Data Recorders (PDRs) and herbicide application documentation forms will be provided to the Contractor. The Government will also provide the watershed boundary information for reporting purposes and the State of Idaho noxious weed booklet that lists 56 species of noxious weeds.

CONTRACTORS PERSONNEL PROPERTY AND EQUIPMENT

1. All herbicide applications shall be performed by, or directly supervised by a state licensed 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/inspect upon request.

2. The applicator must be able to identify the target weed species in all stages of development and to distinguish between those weed species and non-target species. Herbicide application to non-target species when no weeds are present shall constitute noncompliance.

3. GPS coordinates will be recorded for each treatment daily log entry.

4. Weed infestations not treated will be inventoried and mapped (with recorded GPS coordinates) following attached inventory protocols.

5. Equipment to be used for application shall be subject to inspection by the Government prior to execution of the contract. Equipment in poor condition or incapable of performing at acceptable levels in the judgment of the Government shall be replaced upon written request. Failure to comply with such requests shall be sufficient grounds for termination of the contract. Rejection of equipment does not relieve the Contractor from the responsibility to perform the required work.

6. All herbicide equipment shall be properly calibrated and be regularly inspected by the contractor for correct calibration. Applicators will periodically (at each new site or daily) calibrate their spot treatment technique to determine the herbicide rate in relation to total spray volume applied. Calibration exercises (below) will be documented and submitted with daily logs. Equipment (including fittings and tank lids) used for transportation, storage, or application of herbicides shall be maintained in leak-proof condition.

Procedure for Calibration

1) Measure an area 18.5 ft. by 18.5 ft. in the target application area.

2) Spray the measured area uniformly with water only (or water and dye) while recording the precise amount of time required to cover the area.

3) Measure the amount of water applied to the test area by spraying into a container for the same amount of time.

4) The amount of water collected in fl. oz. equals spray volume in gallons per acre.

5) Refer to herbicide label or appropriate treatment prescription for desired herbicide application rate (i.e. pts. / ac.).

6) Calculate amount of herbicide to mix per gal of water.

amt chem x gal water i.e. 2 pts chem (from label) x 20 gal water (from test) ac ac ac ac

Equals:

amt of chem i.e. 2 pts chem = 0.1 pt chem x 16 oz/pt = 1.6 oz chem amt of water 20 gal water gal water gal water

7. The contractor shall report immediately all details of herbicide spills, exposure incidents or accidents, and/or worker health complaints to the Contracting Officer.

8. A spill cleanup kit will be accessible on site. The spill cleanup kit will include at least the following:

• Shovel, box of large plastic bags, safety goggles, 10 pounds of absorbent material, rubber gloves, and protective overalls

9. A spill contingency plan will be developed prior to all herbicide applications. Individuals involved in herbicide handling or application will be instructed on the spill contingency plan and spill control, containment, and cleanup procedures.

(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

Trade Name

Clopyralid

Transline , 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

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 will 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.

5. In order to facilitate monitoring of herbicide applications, minimize overspray and prevent repeat applications, Hi-light blue dye will 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 will 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 will 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 will be instructed on the spill contingency plan including spill control, containment, and cleanup procedures. A spill cleanup kit will 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 that will prevent tipping or spilling of the contents.

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 shall 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 will 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 will 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

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 shall not permitted within 50 feet of known TES plant locations.

(d) NOXIOUS WEED SPECIES

All 56 species of noxious weeds listed in the State of Idaho noxious weed booklet will be treated. In addition, the Common Tansy (Tanacetum vulgare) will be treated

The Contractor shall be experienced in noxious weed identification, management and herbicide use. The Contractor shall be able to identify target weed species in all stages of development, and to distinguish between those weed species and non-target species. Other invasive weed species which may be encountered and treated include: yellow starthistle, houndstongue, Dalmatian toadflax, St. Johnswort, common crupina, and common tansy. Herbicide application to non-target species when no weeds are present shall constitute noncompliance.

(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:

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

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

Site Inspection: The designated treatment areas will be inspected by the Forest Service. 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 at the time of the Contractors inspection, the Contractor shall be required to return to the site to reinventory and treat these infestations.

Spraying: The wilting, curling, discoloration or killing of target plants shall be used as a measure of application effectiveness and performance acceptability. 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 shall allow sufficient time for herbicide effects to show on target plants before conducting inspections for contract performance and compliance. A minimum of ninty-five percent (95%) of the target plants in the inspection area shall display physical signs of effective herbicide treatment in order for the Contractor’s performance to be considered acceptable.

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

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 default termination.

Failure to apply herbicides to specified weeds treatable in accordance with contract requirements and within treatment areas will constitute noncompliance. The Government may require the Contractor to rework missed areas at no additional costs or the right to proceed may be subject to possible default termination.

G. DELIVERIES OR PERFORMANCE REQUIREMENTS

Performance Period: It is estimated that weed spraying will be required only between April 1 and October 31, with the majority of the work occurring in June and July each year.

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 will 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 of the herbicide(s). The Contractor shall maintain progress at a rate that will assure completion within the specified period that will occur during the optimum period of performance outline above.

The minimum acceptable rate of progress will be calculated by dividing the total units of work awarded by the specified contract time.

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 1 calendar day for every 35 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.

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 area to be sprayed will be generally described in the task order listing of road segments 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 will 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 WILL BE BASED ON:

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

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

OF ITEMS FOR ACREAGE.

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.

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.

Biological Control Buffer Area : An area within 50 feet of where previous biological control insects were released, no application of herbicides, 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.

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.

Areas requiring spot herbicide treatment will vary from small patches to long strips or areas, and from 1 foot up to a maximum of 20 feet slope distance on both sides of specified trails and on occasion some larger flats or meadow areas.

Spray Miles: Miles of one side, one pass of a specified trail and spray as needed.

TECHNICAL SPECIFICATIONS

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 COR and at the rates specified on the herbicide label, using spot application technique to all target weeds. Weed treatment measures shall comply with all herbicide labels and applicable Federal and state regulations. A copy of the herbicide label will be available on site.

2. The Contractor shall be in compliance with all applicable OSHA, EPA, manufacturer’s directions, Idaho

State and federal requirements for handling herbicides, including storage, transportation, application and cleanup of spills.

3. 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 furnish the Government with the PDR for downloading at weekly intervals and with hard copies of completed log forms and treatment site maps at the conclusion of the application project.

4. Required forms and protocols for the daily log are provided in Contract Documents, Exhibits and

Attachments section.

5. 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 nor biological control buffer areas as shown in attachments .

6. Seeding work will 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 will be based on areas with less than 65% vegetative cover after spray treatment. Hand-operated seeding methods are satisfactory on areas inaccessible to mechanical equipment.

7. All applicable wild and scenic rivers/wilderness regulations will be adhered to including "pack in, pack out" of refuse, the appropriate use of fire pans and portable toilets, and "leave no trace" camping techniques.

8. Dependable communication including radio, satellite phone or other means of reliable communication is required for safety precautions, to the extent practical. (A Forest Service radio may be available for use by the Contractor upon approval of the COR)

9. Prior to treatment of any site, the Contractor shall photograph and/or document any pre-existing dead or dying non-target vegetation, or other site conditions, which might otherwise be confused with potential effects herbicide spraying.

10. In order to properly inform potentially affected publics, Contractor shall submit to the COR a work plan indicating specific dates and location of planned treatments. Contractor will not deviate from this plan without first notifying the COR or designated inspectors.

11. The government reserves the right to determine the priority of treatment areas and order of herbicide application.

12. Since the timing of herbicide application is weather-dependent and is most effective at certain stages of plant development, the Government reserves the right to suspend work at any time during treatment season if conditions are unsuitable for treatment.

CONTRACT CLAUSES

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

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

Commercial Items (JUN 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)).

(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 shall 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).

___ (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)).

_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 Aside (June 2003) (15 U.S.C. 644).

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

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

___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C.

644).

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

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

___ (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.

___ (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 (June 2003) of 52.219-23.

___ (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).

___ (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 (June 2003)(E.O. 11755).

___ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (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).

___ (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).

___ (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).

___ (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).

_X_ (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, 108-301, 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.

___ (33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___ (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

_X_ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

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

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

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C.

5112(p)(1)).

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

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

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 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)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

(v) 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).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C.

793).

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

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

(ix) 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)).

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

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216-18 Ordering.

As prescribed in 16.506(a), insert the following clause:

ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from April 1st through October 31st each year.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

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

52.216-19 Order Limitations. (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 25 miles, 25 acres (treatment) or 2 acres (seeding) the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 200 miles, 200 acres (treatment) or 25 acres (seeding);

(2) Any order for a combination of items in excess of 200 miles, 200 aces (treatment); or 25 acres

(seeding)

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

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

52.216-22 Indefinite Quantity. (Oct 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The

Government shall order at least the quantity of supplies or services designated in the Schedule as the

“minimum.”

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after September 30, 2011.

52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

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

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

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

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.

52.204-11 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.

(…