AG-82X9-S-10-0089 Herbicide GPS.docx

7/8/2010

NUMBER 413577

USDA Forest Service, 2150 Centre Avenue, Building E Fort Collins, CO 80526 USDA Forest Service, Attn: Toinette Cope 2840 Kachina Drive, Pueblo, CO 81008

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

(Hour)

(Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

11. TABLE OF CONTENTS

X

OTHER STATEMENTS OF OFFERORS

10-15

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

(See Section I, Clause No. 52-232-8)

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and

related documents numbered and dated):

15A.

NAME AND ADDRESS

OF OFFEROR

Name:

Address:

TIN:

DUNS:

OFFER (Type or Print)

15B. TELEPHONE NO. (Include area code and extension)

18. OFFER DATE

IS DIFFERENT FROM ABOVE - ENTER

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

USDA Forest Service 2840 Kachina Drive, Pueblo, CO 81008 USDA Rural Development, Centralized Service Center, 4300 Goodfellow Blvd (FC-233), Bldg. 105E, St. Louis, MO 63120-1703 (314) 457-4252

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

SECTION B SCHEDULE OF ITEMS

Pike and San Isabel Natioanal Forests, Herbicide Application and GPS Data Reporting IDIQ Project

Est

BASE YEAR

Est

OPTION YEAR ONE

02A

Treatment of Noxious Weeds per attached specifications.

Est

OPTION YEAR TWO

03A

Est

OPTION YEAR THREE

04A

Est

OPTION YEAR FOUR

05A

*The estimated quantity of acres identified above is for the Government’s price evaluation purposes only.

Actual quanities will be defined undereach individual task order

SECTION C - SPECIFICATIONS

Scope of Work: This solicitation will award a single, firm fixed price, multiple year indefinite delivery indefinite quantity contract for herbicide application services on acres of various noxious weed species on portions of the Pike National Forest in areas recently affected by wildfire. In addition, this requirement includes recording GPS locations for each site visited and/or sprayed, collecting minimal site data, and preparing a final report according to Forest Service requirements.

The Contractor shall furnish all labor, transportation, equipment, supplies, water, services, supervision, permits, and licenses necessary to spray herbicide on up to 600 acres of noxious weeds on the Pike and an Isabel National Forests.

Location:

Treatments shall occur primarily in Jefferson, Douglas, Park, and Teller Counties.

Technical Specifications: See Section J for Performance Work Statement (Attachment J.1) and other pertinent information.

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E - INSPECTION AND ACCEPTANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

E.1. CONTRACTOR QUALITY CONTROL PLAN

E.1.1. Quality Control Plan. The Contractor shall provide a general Quality Control Plan (QCP) to the Contracting Officer (CO), with the proposal. The Contractor shall supplement the QCP, if required, for each individual Task Order within ten (10) days after contract and Task Order award based on items awarded to the Contractor and Government comments.

E.1.1.2.The general Quality Control plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It shall state specifly how quality will be monitored to ensure the performance standards are met; the supervision of crew and work; and the personnel that will be performing the quality control. Quality control includes the monitoring of quality while work is in progress and an unbiased sample of thinning and other work to determine actual quality percentage. The Contractor shall provide and maintain a complete Quality Control Plan to ensure the requirements of the contract are provided as specified. The plan should identify who will be conducting the inspection, the method of inspection, the frequency of inspections, and how deficiencies in work would be corrected.

E.1.1.3. All Contractor inspection records shall be provided to the Government based on the schedule proposed by the Contractor and agreed to by the Contracting Officer for quality assurance assessment consistent with the Government Quality Assurance Surveillance Plan. All records shall be complete, signed, and dated by the person who conducted the inspection.

E.2 Herbicide Application and Survey Measurement and Payment

E.2.1. The Contracting Officer’s Representative (COR) or inspectors shall inspect the herbicide application work immediately following treatment or up to two (2) days after treatment. Inspections will determine both the adequacy of coverage and rate of detection of weed occurrences.

E.2.2. Herbicide application shall be evident by marker dyes.

E.2.3. A determination of successful execution of this contract shall be based on either randomly located transects within spot-treatment areas that are representative of the treatment area or, where feasible, an inspection of the entire treatment area.

E.2.4. If inspections determine that work to date has not met or exceeded the AQLs, the COR shall meet with the Contractor on site to discuss the deficiencies. The Contractor shall be given two (2) weeks to correct the deficiencies by treating sites that were missed and/or re-spraying areas where the treatment was inadequate. If the follow-up inspection by the COR determines that acceptable treatment levels have been met, the Contractor shall receive full payment. If acceptable levels have not been met, the Contracting Officer shall reduce payments as required in Section VII (Performance Requirements Summary).

E.2.5. The Contractor must deliver, to the COR, fully completed herbicide use records and treatment datatable before full payment shall be accepted. Partial payments may be requested monthly.

SECTION F - DELIVERIES OR PERFORMANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) incorporated by reference

0. Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

AGAR 452.211-74 Period of Performance (FEB 1988)

The base year period of performance of this contract is from one (1) year from award date. Total contract time will not exceed five (5) years and six (6) months. Each option year period of performance will be the proceeding following year of the base contract end date. See Performance Work Statement 1.1.2.

F. 1. ACCEPTANCE AND REWORK

F.1.1. Applying Herbacide.

F.1.1.1. When the Contractor’s inspection results are below the performance standard, based on the Contractor’s quality control inspection and verified by the Government monitoring, acceptance and payment will not be made until the deficiency has been corrected unless the Contracting Officer determines deficiency to be minor or an isolated situation that will not result in any material differences in the requirement.

SECTION G - CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within __ten (10)____ days after the date of contract award. The conference will be held at ___to be determined________.

CONTRACT ADMINISTRATION DATA

1. Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

2. Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

3. Period of Performance. The contract period shall begin upon the date of contract award and shall, unless terminated sooner in accordance with the “Termination (Firm Fixed-Price Services)” contract clause continue for a period of five (5) years include one base year , four one-year option periods and six month extension.

4. Contract Administration Information. Administration of the contract will be conducted by the Contract Specialist, Toinette Cope, Region 2 Southern Tier Contracting, U.S. Forest Service, 2840 Kachina Drive, Pueblo CO 81008. All contract correspondence shall be addressed to the Contract Specialist.

5. Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

6. Extending the term of the contract. To clarify the contract clause 52.217-9, “Option to Extend the Term of the Contract,” the following shall apply: Option year periods are for one year and are included as part of the contract. The Government may exercise options at any time; however, the options shall be accomplished no later than the last day of the basic contract award or ending period of each option period or nearing dollar value of base or option period.

7. Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

8. Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract award and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

9. Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of each issued task order. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

10. Method of payment.

a. Monthly payment shall be made on the Contractor’s original letter invoice containing the signature of a person authorized to sign on behalf of the company. The invoice must contain the Tax Identification Number, Invoice Number, Point of Contact, Contract Number, specify the period invoice for and the amount invoiced for.

Invoice must be sent as original to the contracting specialist and/or Contracting Officer Representative (COR).

INVOICES SHALL BE SUBMITTED TO:

TOINETTE COPE, CONTRACT SPECIALIST

PHONE: 719-553-1431

FAX: 719-553-1435

EMAIL: tcope@fs.fed.us 2840 Kachina Drive Pueblo, Colorado 81008

IN ACCORDANCE TO THE TERMS AND CONDITIONS OF THIS CONTRACT.

PAYMENT WILL BE MADE BY:

USDA Rural Development Centralized Servicing Center 4300 Goodfellow Blvd (FC-233) Bldg 105E St. Louis, MO 63120-1703

PHONE: 314-457-4525

FOREST SERVICE REPRESENTATIVES:

Christina A. Schofield will serve as the Contracting Officer on this contract. She will have full warrant authority over all contract issues. She can be reached at 970-295-6635 or cschofield@fs.fed.us.

Toinette Cope will serve as the Administrative Contracting Officer on this project. She will serve as your primary point of contact throughout this contract. A letter of delegation of her authority will be provided at contract award. Her contact information is included above.

Denny Bohon will serve as the Contracting Officer Representative on this contract. His/her delegated authority and responsibilities will be defined on a delegation letter issued after contract award. This delegation will also contain his contact information.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: CONTRACTOR REPRESENTATIVE, FOREMAN/WOMAN, and INSPECTOR.

(b) During the performance of this contract, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. (c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

ADDENDUM to AGAR 452.236-77(c) An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-1.

H.1 SPECIAL CONTRACT REQUIREMENTS

H.1.1. GOVERNMENT – CONTRACTOR RELATIONSHIPS:

a. The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services and the parties recognize and agree that no employer/employee relationship exists or will exist under the contract between the Government and the Contractor and/or between the Government and the Contractor’s employees. It is therefore in the best interest of the Government to afford both parties a full and complete understanding of their respective obligations.

b. Contractor personnel under this contract shall not: (1) Be placed in a position where they are employed by a Federal Officer, or under the supervision, direction, or evaluation of a Federal Officer. (2) Be placed in supervision or administration or control over civilian personnel, or personnel of other contractors, or become a part of the Government organization. (3) Be used in administration or supervision of civilian procurement activities.

c. Employee Relationship: (1) The services to be performed under this contract do not require the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor’s employees will act and exercise personal judgment and discretion on behalf of the Contractor.

H.1.2. AUTHORITY: The Contractor shall not in any way represent that he is a part of the United States Government or that he has the authority to contract or procure supplies on the credit of the United States of America.

H.1.3. REPRESENTATIONS: The Government assumes no responsibility for an understanding or representations made by any of its officers or agents during or prior to execution of any contract resulting from this solicitation, unless (1) such understanding or representations are expressly stated in the contract and (2) the contract expressly provides that the responsibility therefore is assumed by the Government. Representations made but not so expressly stated and for which liability is not expressly assumed by the Government in the contract shall be deemed only for the information of the Contractor.

H.1.4. CONTRACTOR PERSONNEL:

a. The Contractor shall be responsible for selecting personnel who are well qualified to perform the required services, for supervising techniques used in their work and for keeping them informed of all changes and method of operations.

b. The Contracting Officer may direct the Contractor to remove, and the Contractor shall remove any employee from an assignment to perform services under this contract for reasons of security, performance, and/or misconduct.

c. Where the reason for the removal request is due solely to misconduct or security on the part of the employee, replacement will be at the Contractor’s expense and not chargeable to the Government.

d. The Government shall not exercise any supervision or control over Contractor employees performing services under this contract. Such Contractor employees shall be accountable not to the Government, but solely to the Contractor, who, in turn, shall be accountable to the Government.

H.1.5. PERSONNEL:

The Contractor shall provide the Contracting Officer a listing of all employees who will require access to the facilities. The listing shall contain the full names, home address, and position of each individual. The Contractor shall send changes to the Contracting Officer as necessary to keep listing current.

With the exception of Government owned facilities provided for Contractor use, Contractor personnel shall not enter any building without prior permission of the Contractor Officer.

H.1.6. UNION AGREEMENTS: The Contractor shall provide to the Contracting Officer, upon request, a copy of any collective bargaining agreements applicable to employees performing on the contract, if applicable.

H.1.7. TASK ORDERS: The Contractor shall assign to each Task Order awarded key personnel identified and that list may include the following:

· CONTRACTOR REPRESENTATIVE

· FOREMAN/WOMAN

· INSPECTOR

The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer within a reasonable timeframe and in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contractor shall make no diversion of key personnel without the written consent of the Contracting Officer.

H. 2. FIRE PREVENTION AND CONTROL

Attachment J.2

H.3. PREWORK CONFERENCE

After issuance of any Task Order award and prior to commencement of work, the Contractor shall attend a meeting to discuss the Task Order terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

H.4. PERSONAL PROTECTIVE EQUIPMENT

1. The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body which meet the minimum requirements of OSHA 1910. Defective or damaged personal protective equipment shall not be used.

3. The Contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

4. The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

5. The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

6. The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

7. The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire undocumented workers. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

FSAR 4G52.222-702 Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers (DEC 1999)

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, precommercial thinning, and site preparation and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Certificate of Registration from the Department of Labor or an authorized State agency. The contractor shall carry the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who also perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, record keeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional form WH-516 for contractor's use in disclosure.

(ii) The contractor must keep the following payroll records for each employee: name, address, social security number, basis for wages (i.e. per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records shall be retained for three years.

(iii) Payments must be made no less frequently than every two weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed above and which shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety

(i) The contractor must be register all vehicles used to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is still applicable. Any driver who transports workers for a fee or at the direction of the contractor must be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor shall comply with safety standards applicable to that vehicle. Generally passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104. Vehicles other than passenger vehicles or station wagons which are driven more than 75 miles must comply with Department of Transportation Regulations referenced at 29 CFR 500.105. All drivers must have a current, valid State driver’s license and must comply with Department of Transportation work/rest requirements.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker shall be covered by vehicle insurance in accordance with applicable state requirements.

(4) Housing

(i) The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

Worker Housing Supplement to 4G52.222-702 (d) (4) Add the following to the clause at H.8.2, subparagraph (4) Housing:

(iii) If the contractor is not furnishing worker housing:

Workers on this contract may obtain housing only in a residential accommodation, including a commercial establishment such as a hotel or motel, which meets all applicable state and federal standards for employee housing.

Within 10 days after award, and prior to the issuance of Notice to Proceed, the contractor must notify the Contracting Officer of the planned worker housing site.

If the housing site is located on a National Forest, the Contractor must obtain a permit from the District Ranger for the District on which the housing site is located and the facilities established for the workers must meet the applicable U.S. Department of Labor (USDOL) MSPA standards for such sites.

If the housing site is not located on a National Forest, the site must meet the applicable housing standards in MSPA.

If an exemption from the permit requirement is claimed, the contractor must provide a written statement identifying the law authorizing the exemption, stating the facts constituting an exemption under that law, and identifying a USDOL employee or official who stated or concurred that the accommodations were exempt, citing name, date, and means of communication.

If the housing site is changed after approval by the Contracting Officer, the contractor must provide a new Permit or exemption statement. The above requirements are material conditions of this contract. If the contractor fails to comply, the Government may terminate the contract. In addition, other remedies or penalties prescribed by law may apply Field Sanitation In accordance with US Department of Labor Fact Sheet No. ESA 97-28 “Field Sanitation Standards” (Ref. 29CFR 1928.110), employers must provide:

· Potable drinking water, suitably cool and in sufficient amounts, dispensed in single-use cups or by fountains, located so as to be readily accessible to employees.

· Facilities maintained in accordance with public health sanitation practices include upkeep of water quality through daily change or more often if necessary.

· Notification to each employee of the location of the water and allowance of reasonable opportunities during the workday to use them. The employer also must inform the employee of the relevant health hazards in the field and the practices necessary to minimize them.

Employees cannot be made to bear the costs incurred by the employer for providing required facilities.

FSAR 4G52.222-703 Migrant and Seasonal Agricultural Worker Protection Act Registration (DEC 1999)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S. Department of Labor MSPA Registration Number to the Contracting Officer within 10 days after notification of award of the contract.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

PART II--CONTRACT CLAUSES

SECTION I

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

52.252-2 Clauses Incorporated by Reference (FEB 1998) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-75 Restrictions Against Disclosure (FEB 1988)

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

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

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

“Registered in the CCR database” means that—

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

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

(b)

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

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

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

(1) An offeror may obtain a DUNS number—

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

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

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

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

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

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

(g) (1)

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

(A) Change the name in the CCR database;

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

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

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

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

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

FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued during the entire award base period and for each succeeding year if and as options to extend the term of the contract are exercised by the Government in accordance with FAR 52.217-9 or for any period(s) in which the Government exercises its option to extend services in accordance with FAR 52.217-8.

(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.

FAR 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…