solicitation pages 3-55.doc

SOL NO.AG-8371-S-09-0016

NEW MEXICO THINNING

SOL NO.AG-8371-S-09-0016

NEW MEXICO THINNING

PART 1 - THE SCHEDULE

PRODUCTION RATE PRICING

BASE PERIOD (from date of award for a period of 365 days) Item

No Description

Acre/Day

Unit of Issue

Unit Price

Thin, Buck, Lop and Scatter

.50

Acre

1.00

1.5

2.0

2.5

3.0

3.5

4.0

4.5

5.0

5.5

6.0

Handpiling

OPTION PERIOD ONE (from the end of the Base Period for an additional period of 365 days)

OPTION PERIOD TWO (from the end of the Option Period One for an additional period of 365 days)

OPTION PERIOD THREE (from the end of the Option Period Two for an additional period of 365 days)

OPTION PERIOD FOUR (from the end of the Option Period Three for an additional period of 365 days)

SPECIAL NOTES:

1. Task Orders shall be competed and awarded in accordance with FAR Part 16.505 Ordering and established criteria per the awarded contract(s).

2. Unit Prices are to include all costs associated with the work. The price per acre per day is all inclusive. For example, saws, overhead, profit, direct and indirect labor, equipment, etc. shall be included in the production rate pricing.

3. Initial Mobilization and final demobilization shall NOT be included in the price per acre per day rate due to variances in the terrain. For each task order, the mobilization prices shall be negotiated separately.

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $10,000.00, but not in excess of $4,900,000.00 over the life of the contract NOTE: The government intends to award, multiple, Indefinite Delivery/Indefinite Quantity (IDIQ) type contracts. For each contract awarded the minimum of $10,000.00 is guaranteed during the full contract performance period, including all option periods. The minimum guarantee is not annual.

PART 2 – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

The solicitation is for pre-commercial thinning, stand improvement, slash treatment, and related activities on the National Forests in New Mexico. The intent of this work is to reduce fire hazard, improve stand health, and/or improve watershed conditions.

The Government intends to award multiple, Indefinite Delivery/Indefinite Quantity (IDIQ) type contracts. The period of performance of this contract is from the issuance of Notice to Proceed through 5 years IF all option periods are executed.

Each Task Order will be priced in accordance with the awarded prices for the IDIQ contract. It is the responsibility of the awarded contractor to determine the level of effort necessary to satisfactorily perform the work of this contract.

PROJECT LOCATION

All National Forests in New Mexico as identified in each individual task order.

CONTRACTOR’S OBLIGATIONS

Upon award of a task order to the Contractor, the Contractor shall furnish the necessary personnel, material, equipment, supervision, transportation, and incidentals to perform the Performance Work Statement Tasks included in each task order. The execution of the work associated with each Task Order shall be performed in an organized systematic manner to assure all required services shall be performed to completion before any new work may begin. The Contracting Officer shall determine when satisfactory completion of plots, blocks, section or portions of a given Task Order are complete to allow additional work to begin in an additional plot, block, section, or portion.

CONTRACTOR’S QUALITY CONTROL PLAN

The Contractor shall provide a Quality Control Plan (QCP) with each task order proposal. In general, the Quality Control Plan must demonstrate how the Contractor will assure quality will meet the requirements and specifications of the contract. It shall describe: how quality will be monitored to assure the performance standards are met; the supervision of the work; and personnel that will be performing the quality control.

GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

The Contracting Officer, Contracting Officer’s Representative, or Government Inspector will inspect the services to be provided under this contract; however, the Contracting Officer has the sole authority to accept services on behalf of the Government. The COR/Inspector may recommend acceptance of completed work to the Contracting Officer.

ACCEPTABLE QUALITY LEVELS (AQL)

The Government will specify Acceptable Quality Levels for performance in each Task Order.

PRE-PROPOSAL CONFERENCE

A pre-proposal conference will be held June 11, 2009 at 10:00 am at the Santa Fe National Forest Supervisor’s Office located at 1474 Rodeo Road, Santa Fe, New Mexico.

MAXIMUM VALUE OF ALL AWARDS

Under no circumstances will the total amount of all task orders awarded by the Government under this IDIQ contract exceed $4,900,000.

STANDARD DEFINITIONS.

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.

Calendar Days: Every day shown on the calendar, Sundays and holidays included.

Contracting Officer. Federal Government employee with the sole authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

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

Defective Service. A unit of service which contains one or more defects, or nonconformance with specified requirements.

Government Inspector. A Government person responsible for surveillance of contractor performance.

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.

Performance Work Statement (PWS). A statement of work to be performed which identifies the specific work to be performed.

Quality Assurance.: Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

Quality Assurance Surveillance Plan (QASP). An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

Quality Control. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).

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

TECHNICAL DEFINITIONS.

Access Point: The point identified for access to thinning areas.

Bole: The trunk or stem of a tree

Bucking: Cutting the bole and limbs to specified lengths.

Cut Trees: Trees which are to be cut under this contract.

Desirable Leave Tree Characteristics: Desirable leave trees shall generally be those of the tallest height, largest crown (in dominant & co-dominant crown positions), and straightest stems without forking that are free of damage due to insects, disease, physical, or mechanical causes. Leave characteristics are as follows:

· Straight stem

· Small branch diameter

· Good coloration

· Well-formed crown

· Branches horizontal or slightly angled to bole

· Free of insect or disease damage and/or symptoms

· Vigorous annual terminal growth (especially in last 1 to 3 years)

· Crown class of dominant or co-dominant

· Crown ratio is 40% or larger

Characteristics of trees that are not desirable for leave trees:

· Multiple tops

· Poor crown form

· Crook or sweep in bole

· Dead or broken tops

· Poor coloration

· Large branch diameter

· Presence of insect or diseases

· Branches more than 45 degrees from horizontal

· Physical or mechanical damage

· Suppressed

· Poor annual growth

· Sucker limbs

DBH (Diameter breast height): Diameter of the trunk of a tree measured 4-1/2 feet above the ground level on the uphill side of the tree.

DRC (Diameter root collar): Diameter of the trunk of a tree measured at ground level.

Excess Trees: Uncut trees that, according to specification, should have been cut. Trees not severed from the stump, hang-up trees, stumps with live limbs.

Leave Trees: Trees which are not to be cut under this contract.

Leave Trees per acre: The numbers of leave trees within one acre. Generally referred to as average leave trees per acre calculated from one or more plot samples.

No. of trees per plot X reciprocal of plot size = leave trees per acre and

Total trees on all plots X reciprocal of plot size = leave trees per acre

Total no. plots taken Live Crown Ratio: Percent of live crown in relation to the total height of the tree.

Lopping And Scattering: Cutting limbs from the trunks of cut trees and moving and rearranging of slash concentrations to achieve slash depth required in the contract.

Missing leave trees: Trees cut that should have been selected as a leave tree.

Piling: Gathering and stacking of thinning slash into piles constructed and located as indicated by technical specification.

Pullback: Removal of slash from roads, fences and utilities within a specified distance.

Slash: Trunks or cut trees, and/or limbs created by the Contractor’s operations.

Unsatisfactory Tree: Cutting of a tree that fails to meet contract standards; includes but is not limited to: Cutting the wrong tree or failing to cut a correct tree. Unsatisfactory trees are considered a deficiency or discrepancy in contract inspection.

CONTRACTOR WORK REQUIREMENTS AND STANDARDS

Road Access

The Contractor may access the units from forest roads indicated on project maps. Some units may require the Contractor to walk in.

Permission to use or reopen closed roads and to access thinning units through fences or other improvements must be obtained from the Contracting Officer. After completion of work and prior to acceptance of a unit, these improvements shall be repaired and restored to original condition.

In cases where units are behind locked gates, the Contractor shall close and lock gates after entering or exiting each gate and will be subject to all other restrictions of administrative use. The Contractor shall be permitted to drive from the locked gate to the unit with only the minimum number of vehicles necessary for efficient transport of the crew. No firearms are permitted behind locked gates.

Tree Thinning

Thinning reduces the density of a forest stand and by purposeful selection of leave trees improves the stand composition and condition as prescribed for each individual unit.

Selection of Leave Trees The Contractor shall use the Task Order specifications and the characteristics of desirable leave trees and requirements in this section for selecting leave trees. The work requirements are based on the overall composition and condition of the stand and are intended to be a guideline for achieving the desired final condition. The Contractor shall use his/her silvicultural knowledge to identify and adjust to any conditions within the stand and notify the Contracting Officer of any conditions not addressed in the task order specifications. The Contractor shall recognize any insect, disease or animal damage problems and report them to the Contracting Officer if it is not recognized in the task order. The Government, at the suggestion of the Contractor, may revise work requirements upon approval by the Contracting Officer. Alternate requirements must meet the overall stand objectives to be considered by the Contracting Officer.

Spacing Method for Leave Tree Selection

The Contractor shall select the most desirable leave trees based on the requirements in the task order and desirable leave tree characteristics within the acceptable stocking density. Alter the spacing to select the most desirable tree within the spacing guide identified in the task order requirements.

Cutting Trees Not Selected as Leave Trees

All trees not selected as leave trees shall be cut. All cut trees shall be completely severed and have no live limbs remaining on the stump, to prevent the tree from growing new vegetative material. Cut trees shall be secured so they do not roll down hill and shall not be hung up on other trees or vegetation.

Slash Treatments

The unit information on each task order will describe what slash treatments are to be done. Any variations in the slash disposal methods listed below will be described in the task order unit information.

Slash treatment along roads shall be accomplished without affecting the proper functioning of channels leading to and from drainage structures.

All thinning slash shall be lopped to less than 2 feet high and placed on or near the ground surface. Slash shall be bucked, lopped and/or scattered according to the specifications in the task order. Cut material shall not lean against an uncut tree, stump, log, or any obstacle. It shall be secure and not able to roll down the hill.

Bucking is required, regardless of height of slash above the ground, when specified in the task order. Bucked lengths will also be specified.

Slash treatment shall be concurrent and progressive with the thinning. The Contractor shall not move into a new unit without the completion of slash treatment.

All trails indicated on project maps and all open roads within or adjacent to the unit shall be kept free of slash at all times.

Hand Piling

When specified in the Task Order, Contractor-generated slash and/or pre-existing down wood shall be piled by the Contractor. Piles shall be constructed to facilitate full consumption when they are burned. Piles shall be located to minimize damage to residual trees when the piles are burned.

Unless otherwise specified in the Task Order, piles shall be constructed as follows: Piles shall be compact and dirt-free, with most small slash on the bottom to facilitate consumption during burning. Piles shall not be less than 4 feet in diameter and height shall not exceed 20 feet in diameter. All slash which protrudes 2 feet or more from the outer edge of the pile shall be bucked off and placed on the pile.

Mastication

When specified in the Task Order, Mastication will be used for thinning, Contractor-generated slash and/or pre-existing down wood shall be mowed/mulched/shredded in the unit.

Unless otherwise specified in the Task Order, the dimensions of the slash debris pieces resulting from mastication shall not exceed 3 inches in diameter and 4 feet in length, and shall not accumulate to a depth exceeding 6 inches.

Cutting/Skidding/Decking

When specified in the Task Order, Logging Slash 4 inches or larger in diameter and 4 feet or more in length shall be decked free of other slash by piling pieces parallel to each other at agreed to locations with the Forest Service.

Fire Tool Box

The Contractor shall provide a fire toolbox as described in this solicitation.

Resource Protection

The Contractor shall exercise extreme care to prevent damage to existing facilities, developments and resources in all aspects of the contract work.

Workplan and Schedule

The Contractor shall prepare a work plan and schedule that demonstrates that work will be completed within the performance period for the task order. The Contractor shall provide a general plan with the technical proposal. A supplementary plan and schedules will be provided after issuance of a task order, but no later than within 3 days before start work.

The Contractor shall advise the Contracting Officer or COR of any periods that the Contractor will not be working that is not specified in the accepted Work Plan.

The Contractor may update the work plan when work is in progress and the Contracting Officer may accept the updated work plan.

Camping and Worksite Condition

The Contractor shall prepare a Camping and/or Worksite Plan and operate in a manner that will protect the environmental resources and the public facilities. The Contractor shall obtain a camping permit from the Ranger District on which work will be performed prior to establishment of the camp. The conditions will be consistent with the requirements of Sanitation and Camp privileges.

Communications

The Contractor shall keep the Contracting Officer advised as to where the Contractor or Contractor’s representative may be reached by phone during period of work suspension and periods of time without work. Further, the Contractor shall maintain contact with the Contracting Officer during periods of work suspension or periods of time without work.

On-Site Representative Contractor shall provide an on-site representative that is conversant and literate in the English language whenever work is in progress.

PERFORMANCE SUMMARY

Deduction

Tree Thinning, Quality meets or exceeds performance standard of 90%.

COR or inspector conduct periodic monitoring of operations and random plots consistent with Thinning Inspection Method described in FSH 2409.17, 6.4 Exhibit 04.

and Section J.

· The Contractor’s quality will be reflected in the performance evaluation either as positive or negative incentive.

· If Contractor achieves 90% or greater quality, the Contractor will receive unit price as incentive.

· If Contractor does not achieve at least 90% quality, deductions as per Section G and adverse performance evaluation.

Slash Treatment

Quality Control

If the Contractor fails to meet standards, work may be suspended or put in Default for failure to take corrective action immediately. Result in adverse performance evaluation.

· When Contractor’s plot inspections meet standards, no deduction.

· If quality does not meet standard, pay deduction (Section G) and/or additional costs to the Government will be assessed

Work Plan and Schedule

· Work not completed on schedule is subject to Default and may result in assessment of actual costs.

PART 3 – CONTRACT CLAUSES

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FAR 52.212.4) (OCT 2008)

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

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

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

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

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

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

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

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR 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; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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

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

ADDENDUM TO CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FAR 52.212-4) (OCT 2008)

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.

INSPECTION AND ACCEPTANCE

Inspection and Acceptance criteria, specific to each project, shall be stated in each task order placed against the Contract. The recipient of the task order shall comply with the stated inspection criteria.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from date of contract award through one year with 4 1-year options.

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 from date of award through three years.

(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 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, 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 $100,000;

(2) Any order for a combination of items in excess of $350,000; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (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 3 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.

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 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 December 30, 2014.

FAR 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation

FAR 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 5 years.

FAR 52.232-1 BIOBASED PRODUCT CERTIFICATION (DEC 2007)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 2902, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a…