Solicitation..doc

AG-82X9-S-12-0070

MY SHERIDAN BARK BEETLE SPRAYING

Black Hills NF

Schedule of Items

Base Item 2012

PERFORMANCE WORK STATEMENT (PWS)

Bark beetle spraying

SECTION B SCHEDULE OF ITEMS

General Notes for the Schedule of Items

Award will be made by line item or in the aggregate, whichever is most advantageous to the government.

For evaluation purposes, the cost of each award is $500.

Line item 1 has 8 units and 3 parts– a base period and 2 option periods. Pricing shall be provide for base and all option items.

Base Period – April 1, 2012 - June 1, 2012

Optional Period 1 – April 1, 2013 – June 1, 2013

Optional Period 2 –April 1, 2014 – June 1, 2014

All Line Items: Actual payments will be based on the number of trees sprayed during the project

Quantities listed are estimated quantities and are not a guarantee of the number of trees that will need to be treated.

COMPLETE & RETURN THE FOLLOWING

DUNNS #

Non Discrimination Statement

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, ect.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

SECTION C-1 GENERAL CONDITIONS AND REQUIREMENTS

1.1 Scope of Work

The contractor shall provide any and all labor, equipment, supplies, services, permits, insurance, and licenses required to spray a minimum of 1,500 trees and a maximum of 4,500 trees to treat for mountain pine beetle (Dendroctonus ponderosae) on the Black Hills National Forests. The trees that are to be sprayed are ponderosa pine (Pinus ponderosa). The contractor must be registered with the Department of Labor under the Migrant and Seasonal Workers Protection Act. This statement of work consists of completing tasks/subtasks in Section 4 & 5 with the performance requirements in Section 6.

1.2.1 Contract Type

The Forest Service anticipates award of a firm fixed price contract as described in the specifications.

C.1.2.2 Period of Performance

The contract will be awarded for the base year. Pricing for the two option years must be submitted with your response to this solicitation. The Forest Service can unilaterally exercise the options prior to the expiration of the contract. The base period, and each subsequent option period is for a one-year period, however the annual period of performance will be from April 1 to June1. Unless otherwise specified spraying must be completed before the bark beetle brood completes their development and adult beetles emerge (usually after mid-July). Ideally, trees in campgrounds will be sprayed prior to the campground opening for the summer.

C.1.2.3 Qualifications.

The Contractor and all applicators involved with this contract shall have a current valid Commercial applicators Licenses issued by the South Dakota Department of Agriculture with a specific endorsement of #3 Forest Pest Control. A copy of such certification and Licensing must accompany the contractors initial bid package. This license shall be in the possession of all applicators at all times during the application of pesticides on National Forest lands. The contractor shall provide all expertise, labor, supervision, services, equipment, tools, supplies, permits, licenses, insurance, transportation and incidentals necessary to perform spraying of conifers for which the desired outcome is in strict accordance with the standards specified in this performance work statement. Contractor is required to follow the state and chemical label requirements for applying, storing, mixing, transporting, clean-up, and disposal of pesticides. All safety procedures and equipment will comply with chemical label requirements and local, state and federal laws.

The government assumes no liability or responsibility for the performance of these services.

1.3 Location Description

The campgrounds/recreation areas, are located on the Mystic Ranger District of the Black Hills National Forests. The work sites and access to the areas will be given on project maps as exhibits 1-4 attached to this solicitation.

1.4 Accessibility

All spray sites can be accessed with 2-wheel drive vehicles off of paved highways, public graveled roads, or National Forest System Roads (NFSR). Contractor shall be required to keep the spray vehicle on established roads unless approved in advance by the Contracting Officers Representative (COR). All designated trees will be within 300 feet of an established road.

1.5 Boundaries

Trees inside campgrounds, recreation administrative boundaries, and other locations will be tagged. A tag will be located on the bole of each spray tree for quick and easy visual recognition by the spray contractor.

1.6 Designated Trees and Tallying

The actual number of trees to be sprayed under the option years will depend on what funding becomes available for the project and the number of trees that can be sprayed within the timeframe allotted.

Trees to be treated will be designated by spot of Blue paint at breast height on the road face of the trees bole.

Unless otherwise directed by the COR the contractor shall mark sprayed trees to delineate treated trees. Using contractor provided paint the contractor shall paint a dot of tree marking paint at the base of trees that have been satisfactorily covered with insecticide. The paint type (tree marking) and color shall be agreed upon prior to the start of spray operations. A daily diary will be used to document satisfactorily sprayed trees and will be signed by a government representative and contractor representative to show concurrence on tree count. The daily diary tallies will be the official tree count used for payment for satisfactorily sprayed trees.

1.7 Notice to Proceed

The Government will issue a Notice to Proceed as soon as weather and ground conditions are favorable for work on one or more of the areas, and all required contractor submittals have been received by the government. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; or (2) contract time will start on the third day after the post office has issued a notice of certified mail to the contractor; or (3) contract time will start when tree spraying and/or other work commences, whichever is sooner. Failure of the contractor to pick up certified mail will not be considered excusable.

1.8 Superintendence by the Contractor

At all times during performance of this contract and until the work is completed and accepted, the contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the contracting officer and has authority to act for the contractor.

SECTION 2 – DEFINITIONS

2.1 Acceptable Quality Level (AQL) The maximum allowable deviation from perfect performance that may occur before the government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

Contract Time The number of calendar days listed in the task order for completion of contract work.

Designated Trees Trees to be treated with pesticide are identified by aluminum tags affixed at breast height on the west face of the bole Performance Requirements Summary (PRS) Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

Government Inspector A Government employee responsible for monitoring contractor performance .

Quality Control Those actions taken by a contractor to control the performance of services so that they meet the requirements of the Performance Work Statement (PWS).

Random Sampling A sampling method in which each service output in a unit has an equal chance of being selected.

(Acceptable) Service A job performed to the standard and within the AQL. The contractor must do the specific job, and meet the AQL before one can say that performance has been acceptable and that he/she should be paid.

Quality Assurance Those actions taken by the Government to assure services meet the requirements of the PWS.

Contracting Officer Representative (COR) A Government employee appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

SECTION 3 – GOVERNMENT FURNISHED PROPERTY/SERVICES/ MATERIALS/ITEMS

3.1 One (1) Copy of the Forest map of the Black Hills National Forest will be provided to the contractor for use during the contract. This map is to be returned after completion of the contract. The COR, or designated inspector may take samples of the spray mix from the contractors spray tank at any time during spray operations to check mixture.

SECTION 4 – CONTRACTOR OBLIGATIONS/REQUIREMENTS

4.1 The chemical to be used shall be registered for bark beetles labeled for Forestry Use, and be properly formulated, following label directions for bark beetles. The insecticide shall be liquid concentrate (no powder). Sevin XLR Plus is the desired insecticide to be used. Deviation from Sevin XLR Plus would have to be approved by the Forest Health Entomologist. If XLR Plus is unavailable in the contractor’s area, the COR may be able to provide a list of supplier of XLR Plus. A compatible surfactant and/or drift agent shall be used to provide better adhesion to tree bark and reduce drift. The water used in the Tank mix shall be PH 6-7. Adjustment of the PH may be required. The water source shall be designated by the inspector or COR The hose on the contractor’s spray rig shall be capable of reaching at least 300 feet.

The applicator must use a hydraulic power sprayer with a minimum psi of 350. A psi of 400 or higher is preferred, if available. Hose size greater than ½ inch is recommended to reach the desired height. The spray unit must be capable of keeping the pesticide, surfactant solution under constant agitation or circulation once the products are mixed. Individual campsite amenities, i.e., fire rings, picnic tables, water faucets, grills, etc. will be covered using 4 Mil. Plastic Sheeting. Plastic sheeting shall not be removed until residue is dry

The contractor shall provide a crew adequate in number to perform all aspects of the spraying and resource protection in a safe and orderly manner.

4.11 On-site Representative. The contractor’s on-site representative shall be fully conversant and literate in the English language and shall be in the work area whenever work is in progress.

4.2 REQUIREMENTS GUIDELINES

4.21 All bole surfaces, including root collar and exposed roots, must be treated with insecticide. All trees shall be sprayed on all sides up to a minimum of 40 feet, or to the point where the diameter of the trunk is less than 5 inches in diameter, whichever is less. The applicator cannot choose to ignore a particular face of the tree due to a heavy component of tree branches on one or more bole faces. This means the applicator may have to reposition four or more times to ensure coverage on all bole faces. Depending on tree size, the amount of spray applied must be sufficient to soak the bark, resulting in wetting of area underneath the bark flakes. The distance from a natural water source for mixing of the chemical in the spray tank will be determined by the COR or inspector on site to prevent any chance of accidental contamination.

4.22 Special Concerns Do not apply insecticide within 75 foot of saturated ground, standing water, snow banks, streams, or lakes. Do not spray when winds are greater than 5 miles per hour. Do not spray when moisture has occurred two hours before the start or is predicted two hours after completion of spraying. Spraying will occur between April 1 and June 1 and will occur as funding permits. Spraying can begin as soon in the spring as campgrounds can be accessed unless otherwise restricted.

4.23 REQUIRED RESULTS/SPECIFIC TASKS REQUIREMENTS

Estimated trees to be sprayed at the different locations on each District may change depending on new dead or infested trees located during pre-spraying field review. It is anticipated that trees may be added to replace trees lost due to bug infestations over the course of the year.

4.3 REFERENCES

Past experience has shown that starting early (on site by 6:00A.M.or earlier) may provide for winds less than 5 miles per hour on average, for 1 to 5 hours.

4.4 END RESULTS/DELIVERABLES

4.41 CONTRACT TIME

All work required by this contract shall start as early as weather and ground conditions permit and shall be completed prior to June 1, 2012. During the option periods work may start as early as weather and ground conditions permit and shall be completed prior to June 1, 2013 and 2014 respectively.

4.42 FS-6300-20 (Contract Daily Diary) will be filled out daily with accomplishments for the day. The diary will report total trees satisfactorily completed meeting 100% of the requirements and any trees that were required to be re-sprayed. This will also serve as a completion of task report for payment purposes.

4.43 The designated Contracting Officer Representative (COR), or Inspector will provide a contract daily diary with the total number of sprayed trees that were approved by the COR or inspector. The contractor will sign this to show agreement with count. These will be sent to the Contracting Officer (CO) weekly.

4.5 SCHEDULES

Proposed spraying schedule

A day’s spraying is based on approximately 200 trees sprayed/day/crew. On a good day up to 250 or more trees can be sprayed. As bad weather or mechanical delays occur rescheduling may be necessary. Campgrounds will be completely closed during spraying operations.

4.6 PROGRESS/COMPLIANCE

4.61 Examples of Government Assessment

4.6.1.1 Coverage

Inspection will be done concurrently with spray operations in such a way as not to interfere with contract operations. Inspectors will observe each tree sprayed to ensure 100% coverage. Contract daily diaries will document the total number of satisfactorily treated trees. These will be sent to the CO at the end of each week.

SECTION 5 Performance Work Statement Tasks and Critical Subtasks

5.1 Bug Tree Spraying The spraying of designated green pine trees in designated areas of the National Forest

5.2 Protection of Improvements The protection of improvements from cross contamination of pesticides during application.

5. 7 Submittals

5.7.1 Licenses and Certification A Current Commercial applicators Licenses issued by the State of South Dakota with a #3 endorsement for the application of herbicides and or pesticides to a Forested environment

5.7.2 Safety Plan The contractor shall prepare and supply a contract safety plan covering the treatments being conducted under this contract. The plan will identify personal safety equipment, a monitoring method to ensure compliance, inspection of equipment and crew transportation, employee certifications, communications, and what is done when adherence to the plan is not followed by the crew. This plan shall be submitted to the Government for approval at the time of the pre-work conference. Work under this contract shall not commence until the plan is provided and approved. The contractor is responsible to follow all applicable state laws, and regulations including OSHA requirements.

5.7.3 Spill Abatement Plan As part of the Safety plan the contractor shall also include information on the state certified pesticide applicator license required training on public safety, handling pesticide spills, batching, storing, mixing, application, and personal protective equipment.

SECTION 6 PERFORMANCE REQUIREMENTS SUMMARY

6.1 The government will supply a designated contracting officer representative or a designated inspector to be available during spraying operations.

6.2 Trees will be sprayed on all sides up to a minimum of 40 feet, or to the point where the diameter of the trunk is less than 5 inches in diameter, whichever is less. Depending on the tree size, the amount of spray applied must be sufficient to soak the bark, resulting in wetting of area underneath the bark flakes.

6.3 No deviation from requirements shall be allowed; all trees will be completed 100% satisfactorily.

6.4 The COR and or Inspector will monitor the mixing and application of pesticides this my include the taking water samples to assure correct PH as well as visually inspecting each tree as it is sprayed to make sure application meets specified requirements. This has to be done during spraying as the chemical dries quickly and is very hard to detect after it dries. The COR and or inspector will also monitor resource protection measures as well as equipment clean up at the end of the day for contract compliance.

6.5 Trees not sprayed satisfactorily will be re-sprayed at contractor’s cost.

All exposed roots shall be sprayed to the point of saturation

No spraying within 75’ of water or wet ground

No spraying for two hours after precipitation or when precipitation is expected within the two hour period after treatment

Spraying shall take place when wind speeds are less than 5 MPH

All mixing of pesticides shall take place in areas designated by the inspector or COR

All rinse water and clean up water shall be applied to trees designated by the inspector or COR No pesticide shall be carried over from day to day

All mixing of Pesticide shall take place in the presence of the inspector or COR

All water used in application shall have a PH of 6-7 adjustment may be required

Contractor shall paint mark all completed and accepted trees with a predetermined paint on the butt of the tree

100 %

Acceptable level of Performance

No payment will be made for less than 100% AQL

Contractor is responsible for re-inspection costs when inspections exceed two inspections per treatment area

Poor performance rating

All spray equipment shall remain on designated roads at all times.

In the event contamination occurs all affected surfaces shall be washed and rinsed as directed by the inspector or COR

100 %

Acceptable level of Performance

Poor performance rating

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

CLAUSES INCORPORATED BY REFERENCE

52.204-7 Central Contractor Registration

APR 2008

52.212-1 Instructions to Offerors—Commercial Items

JUN 2008

52.212-4 Contract Terms and Conditions—Commercial Items

JUN 2010

52.223-5 Pollution Prevention and Right-to-Know Information

AUG 2003

52.237-2 Protection Of Government Bldgs, Equip., And Vegetation

APR 1984

52.236-4 Inspection Of Services—Fixed Price

AUG 1996

Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Oct 2010)

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

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

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

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

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

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

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

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

__ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (8) [Reserved]

__ (9)(i) 52.219-6, Notice of Total Small Business Set-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.

__ (10)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

_X_ (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (12)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2010) (15 U.S.C. 637(d)(4)).

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

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

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

_X_ (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (14) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (15)(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.

__ (16) 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).

__ (17) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X_ (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (21) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (24) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (25) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (26) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).

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

__ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (31) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010) (E.O. 13513).

_X_ (32) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

_X_ (33)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (34) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (35) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (36) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (37) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (38) 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)).

__ (39) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (40) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (41) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (42) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (43) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (44)(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:

[Contracting Officer check as appropriate.]

_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) (Sep 2009) (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 (Sep 2009) (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) (41 351, 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 (Sept 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 this paragraph (e)(1) 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 (Apr 2010) (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 $650,000 ($1.5 million 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 Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (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.

AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) The Contractor shall be required to (a) commence work under this contract within 10 (ten) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than:

Base Year June 01, 2012, Option Yr. One June 01, 2013, Option Two June 01, 2014 The time stated for completion shall include final cleanup of the premises.

52.217-5 -- Evaluation of Options (Jul 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 calendar days.

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 within 60 calendar days; 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 3 years, 6 months.

52.222-42 -- Statement of Equivalent Rates for Federal Hires (May 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond September 30, 2012. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2012, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.232-23 Assignment of Claims (Jan 1986)

(a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereafter referred to as “the Act”), may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence.

(b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract.

(c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such action in writing.

stop-work order.

52.243-1 Changes—Fixed-Price (Aug 1987)

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications.

(2) Method of shipment or packing.

(3) Place of delivery.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(d) If the Contractor’s proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

52.249-2 Termination for Convenience of the Government (Fixed-Price) (May 2004)

(a) The Government may terminate performance of work under this contract in whole or, from time to time, in part if the Contracting Officer determines that a termination is in the Government’s interest. The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date.

(b) After receipt of a Notice of Termination, and except as directed by the Contracting Officer, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this clause:

(1) Stop work as specified in the notice.

(2) Place no further subcontracts or orders (referred to as subcontracts in this clause) for materials, services, or facilities, except as necessary to complete the continued portion of the contract.

(3) Terminate all subcontracts to the extent they relate to the work terminated.

(4) Assign to the Government, as directed by the Contracting Officer, all right, title, and interest of the Contractor under the subcontracts terminated, in which case the Government shall have the right to settle or to pay any termination settlement proposal arising out of those terminations.

(5) With approval or ratification to the extent required by the Contracting Officer, settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts; the approval or ratification will be final for purposes of this clause.

(6) As directed by the Contracting Officer, transfer title and deliver to the Government—

(i) The fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work terminated; and

(ii) The completed or partially completed plans, drawings, information, and other property that, if the contract had been completed, would be required to be furnished to the Government.

(7) Complete performance of the work not terminated.

(8) Take any action that may be necessary, or that the Contracting Officer may direct, for the protection and preservation of the property related to this contract that is in the possession of the Contractor and in which the Government has or may acquire an interest.

(9) Use its best efforts to sell, as directed or authorized by the Contracting Officer, any property of the types referred to in paragraph (b)(6) of this clause; provided, however, that the Contractor (i) is not required to extend credit to any purchaser and (ii) may acquire the property under the conditions prescribed by, and at prices approved by, the Contracting Officer. The proceeds of any transfer or disposition will be applied to reduce any payments to be made by the Government under this contract, credited to the price or cost of the work, or paid in any other manner directed by the Contracting Officer.

(c) The Contractor shall submit complete termination inventory schedules no later than 120 days from the effective date of termination, unless extended in writing by the Contracting Officer upon written request of the Contractor within this 120-day period.

(d) After expiration of the plant clearance period as defined in Subpart 49.001 of the Federal Acquisition Regulation, the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of termination inventory not previously disposed of, excluding items authorized for disposition by the Contracting Officer. The Contractor may request the Government to remove those items or enter into an agreement for their storage. Within 15 days, the Government will accept title to those items and remove them or enter into a storage agreement. The Contracting Officer may verify the list upon removal of the items, or if stored, within 45 days from submission of the list, and shall correct the list, as necessary, before final settlement.

(e) After termination, the Contractor shall submit a final termination settlement proposal to the Contracting Officer in the form and with the certification prescribed by the Contracting Officer. The Contractor shall submit the proposal promptly, but no later than 1 year from the effective date of termination, unless extended in writing by the Contracting Officer upon written request of the Contractor within this 1-year period. However, if the Contracting Officer determines that the facts justify it, a termination settlement proposal may be received and acted on after 1 year or any extension. If the Contractor fails to submit the proposal within the time allowed, the Contracting Officer may determine, on the basis of information available, the amount, if any, due the Contractor because of the termination and shall pay the amount determined.

(f) Subject to paragraph (e) of this clause, the Contractor and the Contracting Officer may agree upon the whole or any part of the amount to be paid or remaining to be paid because of the termination. The amount may include a reasonable allowance for profit on work done. However, the agreed amount, whether under this paragraph (f) or paragraph (g) of this clause, exclusive of costs shown in paragraph (g)(3) of this clause, may not exceed the total contract price as reduced by (1) the amount of payments previously made and (2) the contract price of work not terminated. The contract shall be modified, and the Contractor paid the agreed amount. Paragraph (g) of this clause shall not limit, restrict, or affect the amount that may be agreed upon to be paid under this paragraph.

(g) If the Contractor and the Contracting Officer fail to agree on the whole amount to be paid because of the termination of work, the Contracting Officer shall pay the Contractor the amounts determined by the Contracting Officer as follows, but without duplication of any amounts agreed on under paragraph (f) of this clause:

(1) The contract price for completed supplies or services accepted by the Government (or sold or acquired under paragraph (b)(9) of this clause) not previously paid for, adjusted for any saving of freight and other charges.

(2) The total of—

(i) The costs incurred in the performance of the work terminated, including initial costs and preparatory expense allocable thereto, but excluding any costs attributable to supplies or services paid or to be paid under paragraph (g)(1) of this clause;

(ii) The cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the contract if not included in subdivision (g)(2)(i) of this clause; and

(iii) A sum, as profit on subdivision (g)(2)(i) of this clause, determined by the Contracting Officer under 49.202 of the Federal Acquisition Regulation, in effect on the date of this contract, to be fair and reasonable; however, if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, the Contracting Officer shall allow no profit under this subdivision (g)(2)(iii) and shall reduce the settlement to reflect the indicated rate of loss.

(3) The reasonable costs of settlement of the work terminated, including—

(i) Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data;

(ii) The termination and settlement of subcontracts (excluding the amounts of such settlements); and

(iii) Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory.

(h) Except for normal spoilage, and except to the extent that the Government expressly assumed the risk of loss, the Contracting Officer shall exclude from the amounts payable to the Contractor under paragraph (g) of this clause, the fair value, as determined by the Contracting Officer, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to the Government or to a buyer.

(i) The cost principles and procedures of Part 31 of the Federal…