AG-84M8-S-13-0008.pdf

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

84M8

OGDEN UT 84401

324 25TH STREET

INTERMOUNTAIN REGION

CODE 16. ADMINISTERED BYCODE

X

X

X

541990

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR84M8

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/22/2013 1500 MT

04/22/2013

801-625-5748BRIAN WHARTON

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INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-84M8-S-13-0008

5. SOLICITATION NUMBER

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

1 60 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

OGDEN UT 84401

324 25TH STREET

INTERMOUNTAIN REGION

15. DELIVER TO

OGDEN UT 84401

324 25TH STREET

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

INTERMOUNTAIN REGION

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOSB

PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Instream Flow Services BPA Intermountain Region

Please Place Your Quote in Section B-Schedule Of Items

No Fax or Email Quotes accepted

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

BRIAN WHARTON

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

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ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

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Prescribed by GSA - FAR (48 CFR) 53.212

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40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

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41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

60 2 of

Instream Flow Measurement, Analysis, and Reporting Services

SECTION B - Supplies or Services/Prices SECTION F - Deliveries or Performance 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 452.211-74 Period of Performance. (FEB 1988) SECTION G - Contract Administration Data 452.215-73 Postaward Conference. (NOV 1996) SECTION H - Special Contract Requirements 452.237-74 Key Personnel. (FEB 1988) SECTION I - Contract Terms and Conditions 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.246-20 Warranty of Services. (MAY 2001) 52.204-7 Central Contractor Registration. (DEC 2012) 52.212-4 Contract Terms and Conditions - Commercial Items. (FEB 2012) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (NOV 2012) 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.244-6 Subcontracts for Commercial Items. (DEC 2010) SECTION J - List of Documents, Exhibits, and Other Attachments 52.212-3 Offeror Representations and Certifications-Commercial Items. (DEC 2012) 452.219-70 Size Standard and NAICS Code Information. (SEP 2001) SECTION L - Solicitation Provisions 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 452.204-70 Inquiries. (FEB 1988) 52.209-5 Certification Regarding Responsibility Matters. (APR 2010) 52.209-7 Information Regarding Responsibility Matters. (FEB 2012) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (FEB 2012) 52.212-1 Instructions to Offerors - Commercial Items. (FEB 2012) 52.212-2 Evaluation - Commercial Items. (JAN 1999) 52.216-1 Type of Contract. (APR 1984) 52.216-27 Single or Multiple Awards. (OCT 1995) 52.222-25 Affirmative Action Compliance. (APR 1984) 452.215-72 Amendments to Proposals. (FEB 1988)

AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS

AGAR 452.209 –70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction As prescribed in 409.471, insert the following provision:

SECTION M - Evaluation Factors for Award

SECTION B - Supplies or Services/Prices B.1 Schedule of Items

This is a Blanket Purchasing Agreement (BPA) for Instream Flow Measurement, Analysis and Reporting Services.

The Vendor’s proposed fixed rates shall include, but are not limited to, labor (including overtime), supervision, equipment, materials, State and Federal taxes (including workman’s compensation costs), insurance coverage, transportation costs, overhead, and profit. Please indicate pricing below.

B.2. Option Year Items

Offeror’s shall submit a price proposal for all base items and option year items. Failure to comply with the instructions may render your proposal incomplete and ineligible for possible contract award.

B.3. Total Contract Value

The estimated overall value of all contracts awarded and calls issued shall not exceed $1,00,000.00.

B.4 Travel/Per Diem/Mileage

Should travel be necessary, it shall be approved by the Government in advance. Per Diem and mileage rates shall not exceed those established in the Joint Federal Travel Regulation (FTR) at the time the BPA Call is awarded.

All travel must be in accordance with the FTR.

Instream Flow Measurement, Analysis and Reporting Services

Base Year Line Item

Description Unit of Issue Quantity Per Site Cost*

Field Data Collection including travel on site Daily TBD on each order/call $

2 Hydraulic Modeling Daily TBD on each order/call $ 3 Fish Habitat Modeling Daily TBD on each order/call $ 4 Reporting Daily TBD on each order/call $

Option Year One Line Item

Description Unit of Issue Quantity Per Site Cost*

Field Data Collection including travel on site Daily TBD on each order/call $

2 Hydraulic Modeling Daily TBD on each order/call $ 3 Fish Habitat Modeling Daily TBD on each order/call $ 4 Reporting Daily TBD on each order/call $

Option Year Two Line Item

Description Unit of Issue Quantity Per Site Cost*

Field Data Collection including travel on site Daily TBD on each order/call $

2 Hydraulic Modeling Daily TBD on each order/call $ 3 Fish Habitat Modeling Daily TBD on each order/call $ 4 Reporting Daily TBD on each order/call $

Option Year Three Line Item

Description Unit of Issue Quantity Per Site Cost*

Field Data Collection including travel on site Daily TBD on each order/call $

2 Hydraulic Modeling Daily TBD on each order/call $ 3 Fish Habitat Modeling Daily TBD on each order/call $ 4 Reporting Daily TBD on each order/call $

Option Year Four Line Item

Description Unit of Issue Quantity Per Site Cost*

Field Data Collection including travel on site Daily TBD on each order/call $

2 Hydraulic Modeling Daily TBD on each order/call $ 3 Fish Habitat Modeling Daily TBD on each order/call $ 4 Reporting Daily TBD on each order/call $

*To calculate cost, base a site on an average stream site survey of approximately 20 feet wide by 240 feet long.

Only quotes to the nearest dollar will be accepted.

Any supplies and services furnished under this BPA shall be ordered by issuance of BPA Calls by any Intermountain Region C.O.

Orders (offers for work) may be made orally, by facsimile, mail, or by electronic commerce methods by any of the above personnel.

The designated base of operations for evaluation purposes will be at the Salmon Challis NF. Official designated base of operations will be designated per the individual task awards.

SECTION C - Description/Specifications/Statement of Work

C.l GENERAL

Background

Federal authorizations of water diversions on National Forest System lands may require consultation under the Endangered Species Act to evaluate effects of water withdrawal on threatened or endangered fish species.

Collection of stream flow, habitat information, topography, other instream flow data, and diversion data is needed to determine effects of diversions on stream flow, and fish habitat.

C.1.1 SCOPE OF THE CONTRACT

The contractor shall furnish all transportation, supervision, labor and incidental supplies (unless noted differently on each order /call) necessary to provide the required services as noted in the following paragraphs. The contractor shall be responsible for collecting field measurements, providing a technical report that details the data collection methodology, site characteristics, summary of habitat mapping, and flow to habitat relationships, delivering the data including all associated field notes, photos, videos, and electronic data via a CD/DVD/flash drive or other appropriate electronic media, and be available to answer questions relating to the study and field data collected as a part of this project. Approximately three trips of one week duration per site will be required for field data collection.

C.l.2 PERFORMANCE REQUIRMENTS

The primary responsibility of the contractor is to work with personnel from the Instream Flow Team of the Intermountain Region of the Forest Service. Occasional work may be performed for personnel from other Forest Service units.

Work includes:

• Travel to stream and measurement site

• Collection of stage discharge pairs (high, medium, low flows) intensive robotic total station topography of the site, meso habitat typing, taking photos and videos of the site, substrate typing and any other field data needed for 2D/3D hydro/habitat analysis of the site.

• Recording of all field data via field forms provided by the Forest Service as well as electronic documentation by photo and video, each labeled properly with site name, date of visit, and brief description. In addition, all other electronic data will be provided to the Forest Service via CD/DVD/flash drive or other appropriate electronic media. Stream flow measurements will be made to USGS standards, to the extent allowed by stream flow and channel characteristics.

• If reporting is required by an order/call, it will be prepared in draft form by the contractor. The Forest Service will review and return the report to the contractor for finalization. It will entail the analysis of field data using 2D/3D hydro/habitat models to estimate the relationship between available habitat and discharge for the site. The target species and life stages of interest will be identified by the Forest service. The technical report will detail data collection methods, site characteristics, summary of habitat mapping habitat mapping, and flow to habitat relationships.

• Any model(s)/modeling used for the analysis and needed for the running or rerunning of the data will need to be provided to the Forest Service.

Additionally, the contractor may be called upon to provide training to Forest personnel in regards to the model used for analysis of the data.

Skills needed include the following:

• Knowledge and experience with the operation and maintenance of flow measuring devices and measurements that meet USGS standards for individual stream flow conditions

• Knowledge and experience with proper data collection for the stream discharge measurements

• Knowledge and experience surveying fish habitat data. Including surveying with robotic total station or equivalent surveying instruments.

• Fish habitat identification

Work Standards and Defensibility

Field data collection, modeling, analysis and reporting will be performed in manner that is legally defensible. All steps in the process from field data collection to reporting will be performed in such a manner as to make it possible to clearly identify how the contractor got from “point A to point B”. This will include but is not limited to:

• Field notes that identify start and end times, dates, full names of crew members, field objectives, instruments used (with serial numbers), weather conditions, water temperature, photo numbers and subject, video content, heights of rods, height of instruments, height of control points, field data file names

• Hydraulic and fish habitat modeling that describe models used, sequential files used, model setting, original and final file tracking, outputs derived

• Reporting that clearly describes the process of data collection, analysis and interpretation as well as who was involve in each step, what their role was and what their qualifications were for performing the work

C.1.3 LEVEL OF EFFORT

The level of effort for each order will be negotiated with the requesting unit. Once this is agreed to, the resulting call is a firm-fixed price order issued under the agreement.

The level of effort may vary depending on Government requirements and available funding. For reference only, the term of this contract is estimated for 60 months starting with the date of issuance. It is estimated that field work will be intermittent, occurring primarily during the months of April through October each year, with time for analysis primarily occurring during the months of November through March.

C.1.4 TRAVEL REQUIREMENTS

All travel related expenses will be included with the contractors’ proposal when submitted to the requiring activity before the order/call is issued. Per Diem and mileage will be reimbursed at the US government rate when travel occurred. The cost of travel will follow Forest Service guidance on travel and per diem and reimbursement will be paid accordingly Travel expenses while in travel status on government business, including ground transportation, business related telephone and other needed communications, business related incidental expenses, meals, etc. will be reimbursed at the normal rate a government employee would receive. Lodging and per diem costs are reimbursed at the same rate as allowed for government employees if they were assigned to do the same job. All reimbursements and claims, including lodging, must be supported by signed, dated receipts bearing the name or logo of the vendor and the signature of the sales person. Travel reimbursement claims shall be supported by paid invoices showing the date of incurred expense and vendors' name(s). Travel claims must be submitted within 30 days of the travel.

C.1.5 MEETINGS

Meetings between the COR (provided by the requiring unit) and Contractor will be scheduled as needed to chart the course of work and to inspect progress at periodic intervals or crucial decision points. Daily coordination between the COR and the Contractor may be required during certain phases of projects. Meetings between the

COR, Contractor, Contracting Officer, Agency Program Management Staff and /or other cooperators will be scheduled as needed to identify specifics of projects to be undertaken by the Contractor to provide the deliverables specified in the particular order/call under the agreement.

C.l.6 SECURITY

The person assigned to support the contract will coordinate with COR regarding building access and a government identification badge if applicable. The Contractor will be held responsible to secure building upon departure. The COR shall be notified whenever the Contractor or contractor's representative must be in the building during hours when Government employees are not present if applicable.

A "NO SMOKING" policy pertinent to government buildings and facilities is strictly enforced. The Contractor shall ensure compliance of its staff with this policy.

C.1.7 Ordering Procedures.

The Government will issue calls with the Contractor in writing by fax, orally, or e-mail, so that task orders may be processed in a timely manner. The Contractor will be required to confirm the receipt by e-mail within two working days. Calls shall be performed in compliance with the specifications provided in the call request.

Calls shall be firm-fixed price based on the following procedures.

Upon receipt of a call request from Forest customers, the Contracting Officer’s Representative will prepare a statement of work which will be forwarded to the Contractor via a task announcement.

Field Data Collection

• Spatially identify the stream reach location

• Survey a minimum of three stage discharge pairs collected over a range of stream flows starting at high flows (as the annual hydrograph begins to descend, usually in June) through low base flows which usually occur in September

• Survey stream bed topography

• Survey stream bank topography to just above bankfull levels

• Survey substrate size categories by spatial polygon locations (channel index)

• Survey fish habitat cover component spatial positions

• Delineate meso-habitat segments lengths for 30 to 50 channel widths in the vicinity of the surveyed stream reach

• Take high resolution (approximately 8MB/photo) stream reach photos at each flow level visited

• Take high definition digital stream reach videos at each flow level visited

• Provide all original hard copy field notes

• Provide raw and converted electronic data files including but not limited to flow measuring device files and various survey files

Hydraulic Modeling

• Use River 2D (or other open source hydraulic models) to analyze and calibrate stream reach hydraulics

• Use River 2D (or other open source hydraulic models) to compare measured verses modeled water surface elevations

• Use River 2D (or other open source hydraulic models) to simulate hydraulics for a range of approximately

15 flows, including nodal mesh depth and velocity output files

• Provide all original and final hydraulic calibration/simulation files including but not limited to: bed files, mesh files, channel index files, fish preference files, csv dump files, .cdg files

• Provide input settings associated with hydraulic modeling runs

Fish Habitat Modeling

• Using River 2D (or other open source fish habitat models), incorporate fish preference curves, substrate

(channel, index) spatial data and cover spatial data into hydrodynamic solutions to compute nodal habitat values for depth, velocity, substrate (channel index), cover and combine habitat parameter by species life history stage

• Use fish habitat model outputs to generate .avi-type simulations of habitat parameter (depth, velocity, combined suitability, etc.) changes over a range of approximately 15 flows by fish species life history stages

• Data and outputs of weighted usable area x y plots by species life history stage

• Provide all original and final fish habitat modeling files including but not limited to: .bed files, channel index files, fish preference curves used, computational mesh files

Reporting

• Generate report that describes in detail those steps for which the call has been put forth and conclusions drawn from information. Report will be provided in appropriate electronic Microsoft format and stored on

CD, DVD, flash drive, or external hard drive.

Call Proposal Guidelines

The contractor should construct their proposal on a site by site basis so that separate costs and time summation can be made for the line items above (Field Data Collection, Hydraulic Modeling, Fish Habitat Modeling and

Reporting). Calls to the contract may be requested for any or all of the above work items. For example existing data may be worked up with a call to the contract that employs only items two (Hydraulic Modeling) and three

(Fish Habitat Modeling) to accomplish the task. While on the other hand, a new site location might require a call that employs all four line items above to accomplish the task. In some instances, this contract will be applied to streams that are not wadeable in most places at the highest flows in the spring. Though channel sizes may vary, the “average” size surveyed stream site that this contract will be applied to will be approximately 20 feet across at base flow and have a linear surveyed stream length of approximately 12 channel widths or 240 feet for a 20 foot wide stream channel.

Work Location

The work associated with this contract will generally be located in the intermountain regions of Idaho and possibly southwestern Montana. This could include but is not limited to the Boise, Payette, Sawtooth, Salmon Challis, Bitterroot and Beaverhead-Deerlodge National Forests.

Extent of Obligation

The government is obligated only to the extent of authorized purchases actually made under this agreement. This agreement is estimated to have a one year period of performance, with an option for four additional years, but may be discontinued at any time by either party.

Pricing

The contractor warrants that prices set forth in each order/call are as low as, or lower than those that would be charged to any customer for comparable quantities under similar terms and conditions, in addition to any discounts. The Government will not agree to pay any price that is greater than that charged to the general public.

The services may be performed in Idaho in the counties of Ada, Adams, Blaine, Boise, Camas, Custer, Elmore, Gem, Idaho, Lemhi, Valley, and Washington and in Montana in the counties of Beaverhead, Deer Lodge, Gallatin, Granite, Jefferson, Madison, Missoula, Powell, Ravalii, and Silver Bow.

Purchase Limitation

Limitations are based on both the necessary requirements and the availability of funding.

Individuals Authorized to Place Calls

Officials of Forest Service authorized to issue calls under this contract shall be Contracting Officers of the 1102 Series having the warrant level or authority required for approvals.

Deliveries/Services

a. All products/services shall be made as indicted by the agreement caller, whom will provide the order/call number.

b. Only those products/services specially listed in this agreement are authorized.

c. Delivery of unauthorized products/services shall be at risk of and the sole responsibility of the contractor.

Delivery locations

Locations will be determined based by the requesting unit issuing the call.

Reports

Reports or deliverables – to be determined by the requesting unit issuing the call.

C.2 GOVERNMENT-FURNISHED PROPERTY

The requiring unit upon issue of the order/call will provide phones, FAX, copy machines, and limited clerical and technical support services in support of the contractor to accomplish the requirements under the order/call.

Most of the work is performed in the field and the Contractor's office using contractor provided equipment.

The Government will provide to the Contractor the following listed materials, supplies, property, and services (hereafter referred to as "Government Furnished Property", GFP) listed below. The Contractor shall be liable for all loss or damage to such GFP until completion and final acceptance of deliverables required under this contract and the return of the GFP. If the Government fails to make timely delivery of GFP suitable for its intended use and upon written request from the Contractor, the Contracting Officer will make an equitable adjustment pursuant to the "Changes" clause of the General Provisions of the contract.

C.2.l GOVERNMENT FURNISHED PROPERTY (GFP)

The government shall furnish the following property for projects as needed:

• All necessary field forms

• Maps of sites

• When requesting a call, any materials or data that the Forest Service deems the contractor will need to complete the call will be provided. Example, should the call be for analysis, the government will provide the field data necessary for the completion of this task.

C.3 CONTRACTOR FURNISHED ITEMS/SERVICE

C.3.1 PROPERTY

Contractor should be prepared to provide all equipment needed to:

• Collect field data

• Model hydraulics/fish habitat

• Report findings

This includes but is not limited to items like:

• Vehicles – 4x4/ high clearance for some sites due to road conditions and the need to ford streams.

• Computers and software

• GPS units

• Flow measuring devices and measurements that meet USGS standards o For example - Flow Trackers for low flow measurements o For example -Acoustic Doppler current profiler type flow measuring devices on larger streams that cannot be waded at higher flows

• Surveying instruments such as robotic total stations with high degree of accuracy

• Tripods, bipods, tribarchs, prism, topsetting rods, prism rods, headpins, control points

• Waders, boots, personal floatation devices

C.3.2 DELIVERABLE

The Contractor shall provide the following deliverables:

• Originals of field forms following field data collection

• All associated original field notes, ohotos, videos and other electronic data will be provided to the

Forest Service on a CD, DVD, flash drive, or device agreed upon by the two parties

• Provide raw and converted electronic data files including but not limited to flow measuring device files and various survey files needed to run models

• Provide all original and final hydraulic calibration/simulation files including but not limited to: bed files, mesh files, channel index files, fish preference files, csv dump files, .cdg files

• Provide input settings associated with hydraulic/fish habitat modeling runs

• Data and outputs of weighted usable area x y plots by species life history stage

• Provide all original and final fish habitat modeling files including but not limited to: .bed files, channel index files, fish preference curves used, computational mesh files

• Technical report detailing the site, data collection methodology, habitat mapping, and flow to habitat relationships in draft, and once reviewed by the Forest Service, in final form

C.3.3 PROPRIETARY RIGHTS

Deliverables provided under this Contract will be the property of the Government to retain and use in perpetuity as it sees fit.

C.4 QUALITY ASSURANCE PLAN-REQUIREMENTS

C.4.1 Individual Quality Assurance Plan will be included with each order/ call.

SECTION F - Deliveries or Performance

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

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

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

(End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop-Work Order. (AUG 1989)

52.242-17 Government Delay of Work. (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from [date of award] through [365 days with annual reviews for future optional years]

(End of Clause) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

SECTION G - Contract Administration Data

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 60 days after the date of contract award. The conference will be by phone and number will be provided when conference scheduled.

SECTION H - Special Contract Requirements

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

__________________________________. (Lead Expert)

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below.

After the initial 90-day period, the Contractor shall submit the information required by paragraph

(c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

SECTION I - Contract Terms and Conditions

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

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)

52.204-9 Personal Identity Verification of Contractor Personnel. (Jan 2011)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010)

52.217-2 Cancellation Under Multi-year Contracts. (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.222-17 Nondisplacement of Qualified Workers. (JAN 2013)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.232-1 Payments. (APR 1984)

52.232-8 Discounts for Prompt Payment. (FEB 2002)

52.232-11 Extras. (APR 1984)

52.232-23 Assignment of Claims. (JAN 1986)

52.232-25 Prompt payment. (OCT 2008)

52.233-1 Disputes. (JUL 2002)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

52.243-1 Changes - Fixed-Price. (AUG 1987)

52.246-20 Warranty of Services. (MAY 2001)

52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

52.253-1 Computer Generated Forms. (JAN 1991)

52.204-7 Central Contractor Registration. (DEC 2012)

(a) Definitions. As used in this provision-

"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 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 offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number as well as data as required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), 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 offeror 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.

(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) Offerors may obtain information on registration at https://www.acquisition.gov.

52.212-4 Contract Terms and Conditions - Commercial Items. (FEB 2012)

(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 Government wide 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…