AG-8544-S-13-0010.pdf

NORTHERN ACQUISITION TEAM INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

NORTHERN ACQUISITION TEAM

808 MEADOW LANE AVE

CODY, WY 82414

SOLICITATION NO. AG-8544-S-13-0010

OFFERS ARE SOLICITED FOR: TRASH COLLECTION FOR SHOSHONE NATIONAL FOREST

SET-ASIDE: 100% SMALL BUSINESS

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE

TO THIS SOLICITATION:

1.SF-1449 Request For Quotation (Complete, date, and sign)

2.Section I – Schedule of Items (Page 4 - 6). (Complete Unit Price and Amount)

3.Section IV – Exhibits and other attachments (Page 23 - 37)

4.Representations and Certifications (Pages 38 - 55). (Complete the Representations and Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)

IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF THE E-MAIL.

Return to:

Shoshone National Forest

ATTN: Nathan Sabo

808 Meadow Lane Ave

Cody, WY 82414

307-578-5146 nsabo@fs.fed.us

FAXED QUOTES WILL NOT BE ACCEPTED.

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE SYSTEM FOR AWARDS

MANAGEMENT (SAM.GOV) DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION.

mailto:nsabo@fs.fed.us

AG-8544-S-13-0010 Trash Collection

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

634767

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-8544-S-13-0010

6. SOLICITATION ISSUE DATE

03/29/2013

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

NATHAN SABO

b. TELEPHONE NUMBER (No collect calls)

307-578-5146

8. OFFER DUE DATE/LOCAL TIME

04/15/13 @ 3pm MST

9. ISSUED BY CODE

8544 10. THIS ACQUISITION IS:

Northern Acquisition Team

808 Meadow Lane Ave

Cody, WY 82414

UNRESTRICTED or SET ASIDE: 100 % FOR

Small Business Emerging Small Business

Hubzone Small Business 8(A)

Service-Disabled Veteran Owned Small Business

NAICS: 562111

SIZE STANDARD: Under $35.5 Million

13a. THIS CONTRACT IS

A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

11. Delivery for FOB

Destination unless Block is

Marked

See Schedule

12. Discount Terms

14. METHOD OF SOLICITATION

RFQ IFB RFP

CODE

16. ADMINISTERED BY CODE

15. DELIVER TO

See Delivery Schedule Same as Block 9

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.:_____________________________________

DUNS NO:_____________________ TIN No. ___________________________

U.S. Dept. of Agriculture

National Finance Center

P.O. Box 60000

New Orleans, LA 70160-0001

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Trash Collection, Shoshone National Forest, North Zone

This requirement is being procured as a fixed-price

Simplified Acquisition.

PLEASE PLACE YOUR QUOTE IN SECTION I-

SCHEDULE OF ITEMS

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

25. ACCOUNTING AND APPROPRIATION DATA

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON

ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. ___________________ OFFER

DATED _________________. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES

WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR

PRINT)

31c. DATE SIGNED

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

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

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT

VERIFIED CORRECT

FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER

NUMBER

40. PAID BY

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

PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERIFYING

OFFICER

41c. DATE

42.b. RECEIVED AT (Location)

42.c DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

Standard Form 1449 (REV. 3/2005) Back

SECTION I--SUPPLIES OR SERVICES AND PRICES

TRASH COLLECTION

SHOSHONE NATIONAL FOREST

CLARKS FORK RANGER DISTRICT

MAP PAGE 34

Line

Item

Location Collection Period Total

Collections

Unit Price Price

001 Hunter Peak CG

Dead Indian CG

Crazy Creek CG

Collect once a week

May 27 to June 10

3 $__________ $____________

002 Hunter Peak CG

Dead Indian CG

Crazy Creek CG

Fox Creek

Collect once a week

June 17 to June 24

2 $__________ $____________

003 Dead Indian CG

Hunter Peak CG

Lake Creek CG

Island Lake CG

Crazy Creek CG

Beartooth Lake CG/PG

Fox Creek CG

Collect once a week

July 1 to September

10 $__________ $____________

004 Dead Indian CG

Hunter Peak CG

Island Lake CG

Beartooth Lake CG/PG

Fox Creek CG

Collect once during the week of

September 9

1 $__________ $____________

005 Crandall Ranger

Station

Collect on every trip to collect at campgrounds on the Clarks Fork

Ranger District

16 $__________ $____________

TOTAL: $______________

TRASH COLLECTION

SHOSHONE NATIONAL FOREST

WAPITI RANGER DISTRICT

MAP PAGE 35

Line

Item

Location Collection Period Total

Collections

Unit Price Price

001 Wapiti CG

Elk Fork CG

Newton Creek CG

Collect once during the week of May 20

1 $________ $__________

002 Wapiti CG

Elk Fork CG

Newton Creek CG

Rex Hall CG

Threemile CG

Eagle Creek CG

Clearwater CG

Collect once a week May

27 to June 3

2 $________ $__________

003 Wapiti CG

Elk Fork CG

Newton Creek CG

Rex Hall CG

Threemile CG

Eagle Creek CG

Clearwater CG

Big Game CG

Collect once a week June

10 to June 24

2 $________ $__________

004 North Fork Highway

CG

Collect twice a week, 3-4 days between collections, beginning the week of

July 1 through the week of

August 26

18 $________ $__________

005 North Fork Highway

CG

Collect once during the week of September 2

1 $________ $__________

006 Wapiti CG

Elk Fork CG

Newton Creek CG

Eagle Creek CG

Collect once during the week of September 9

1 $________ $__________

007 Wapiti CG

Elk Fork CG

Newton Creek CG

Eagle Creek CG

Collect once during the week of September 16 or

23 (Final date to be determined)

1 $________ $__________

008 Wapiti Ranger

Station

Collect on every trip up the North Fork Corridor.

26 $________ $__________

009 South Fork Ranger

Station

Collect every other week starting week of June 10 through week of

September 16

8 $________ $__________

TOTAL: $______________

GRAND TOTAL: $_________________________

B- 2: Quote on all items. Only quotes to the nearest cent will be accepted.

The Government reserves the right to make an award on any item for a quanity less than the quantity offered, at the unit cost or price offered, unless the quoter specifies otherwise in the quote.

SECTION II - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

II - 1 – Scope of Work

This contract is a fixed-price contract under Federal Acquisition Regulation (FAR) Part 13 simplified acquisition procedures. This contract provides trash collection on the Clarks Fork Ranger District and Wapiti

Ranger District of the Shoshone National Forest and dispose of materials.

II - 2 – General Specifications Scope of Contract

Contractor shall empty Government-furnished containers on the Clarks Fork Ranger District and Wapiti Ranger

District of the Shoshone National Forest and dispose of materials in State and Federal approved area.

II - 3 - Description, Dates and Location

Clarks Fork Ranger District: Crandall Work Center has two (2) dumpster and seventeen (17) dumpsters are located in campgrounds along WY highway 296 and US highway 212. (Number of dumpsters on the district may vary +/- 1). Site maps are attached, page 34. Contractor will be notified if the location or number of dumpsters at a site changes.

Collection Sites Number of Dumpsters/site

1. Hunter Peak CG 2

2. Lake Creek CG 1

3. Fox Creek CG 4

4. Crazy Creek CG 3

5. Beartooth Lake CG & PG 3

6. Island Lake CG 3

7. Dead Indian CG 1

8. Crandall Work Center 2

Wapiti Ranger District: There are three (3) dumpster located at the Wapiti Ranger Station and twenty (20) dumpsters in Campgrounds along the North Fork Hwy. (Number of dumpsters on the corridor may vary +/- 1).

The North Fork corridor begins twenty-six miles west of Cody, Wyoming, on US Highway 14-16-20 and extends to the East Gate of Yellowstone National Park west of Cody. (See site location map attached, page 35). The

Contractor will be notified if the location or number of dumpsters at a site changes.

Collection Sites Number of dumpsters/site

1. 3 Mile Campground 3

2. Eagle Creek Campground 2

3. Newton Creek Campground 3

4. Rex Hale Campground 3

5. Clearwater Campground 2

6. Elk Fork Campground 1

7. Wapiti Campground 4

8. Wapiti Ranger Station 3

9. Big Game Campground 2

II - 4 – Work Schedule

The Contractor shall perform work between the hours of 7:00 a.m. and 8:00 p.m.

The last collection must be completed by September 30, 2013, the ending date of the contract. The final collection date must be flexible to meet the needs of the district and the work schedule of the contractor and may be required to be completed during the week of September 16 or September 23. A minimum of one week notice of the final pickup date will be given to the contractor.

Designated collection days that fall on a national holiday such as Memorial Day, Labor Day, or July 4th, may be changed, by the Contractor with notification to the Contracting Officer Representative (COR) to the date following the holiday.

The number of collections specified may be reduced or increased by up to five, by the COR, depending on amount of garbage accumulated. Twenty-four hour notice will be given to the Contractor when such pickup is not needed or is necessary for a specific negotiated date. This will be credited or billed as appropriate according to the negotiated price schedule in the contract.

II - 5 - Incomplete Collections

The Forest Service is to be notified anytime collection is not completed on indicated collection dates.

II - 6 - Pre-work Conference

A Pre-work meeting will be scheduled with the Contractor, Contracting Officer (CO) and the Contracting Officer

Representative (COR) prior to the start of work. The purpose of this meeting is to thoroughly discuss the schedule of work, work performance requirements, approved waste disposal sites, and contract terms and to familiarize both parties with the responsibilities of each under the terms of this contract.

II - 7 - Contractor Furnished Property and Services

The vehicle will be equipped to be compatible with government furnished bear resistant dumpsters. The vehicles used for hauling the ashes and garbage shall be so equipped and operated to prevent the escape of ashes and other debris while hauling from collection points to the dumping area. A fire extinguisher for use on Class A and B fires shall be carried in Contractor vehicle at all times. The contractor will have sprayers filled with disinfectant for spraying the insides of the dumpsters. The contractor will carry the government provided Forest Service keys with him / her. This will allow the contractor to access any dumpsters that may be within a locked area.

II - 8 – Government-Furnished Property.

o Two cubic yard bear- resistant dumpster.

o Padlocks on dumpsters.

o Forest Service keys will be supplied to the contractor.

*Keys must be returned at the end of the season.

II - 9 – Technical Specifications

During collection, completely empty each dumpster unit that contains any garbage and sanitize the dumpster by spraying the entire inside of the unit with a general purpose disinfectant. Pick up all garbage and debris that may be deposited around the unit within a 10-foot radius. The dumpsters are awkward to handle. Depending on the method used to remove garbage from the dumpsters, two people may be necessary to prevent damage to dumpster lids.

Return dumpster unit to its base and close lid. Secure to post with chain and lock as provided. Each dumpster should have two locks, one on each side.

The trash and garbage shall be disposed of at a Federal and State approved sanitary landfill area. Any charge for use of landfill will be the responsibility of the Contractor.

II - 10 - Conduct of Personnel

The contractor and his or her employees shall make every reasonable effort to prevent interference with the normal use and occupancy of recreational areas while engaged in the performance of the contract.

Due to the nature of the duties under the contract, the Contractor and his or her employees shall keep themselves and equipment presentable at all times. The Contracting Officer (CO) may, in writing, require the Contractor to remove from the work site any employee the CO deems incompetent, careless, discourteous to the public, or is otherwise objectionable, or for theft, possession and/or removal of materials, supplies, equipment or any

Government owned property.

II - 11 - Resource Damage

Any damage or defacement that is observed by the Contractor, prior to performance of their duties, shall be reported to the COR. Damage or defacement that occurs to government property or land resources during the

Contractors operations shall be reported to the COR and repaired at the Contractor’s expense to its original condition. Onsite inspection will be made by the COR prior to the acceptance of work.

II – 12 - Inspection and Acceptance

All work shall be inspected by the Government for timelines of response to the work order and checked for compliance with the specification. The Government will notify the Contractor within 48 hours of any unacceptable of work. The Contractor will have 24 hours from the notification by the Government to correct all unacceptable work.

II - 13 - Payment

Contractor shall send invoices to the address below:

Attn: Contract Specialist

808 Meadow Lane Ave

Cody, WY 82414

SECTION III - CONTRACT CLAUSES

III- 1 - FAR 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 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— http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113304 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137572

(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.

https://www.acquisition.gov/far/current/html/52_232.html#wp1153351 https://www.acquisition.gov/far/current/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179527

(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— https://www.acquisition.gov/far/current/html/Subpart%2033_2.html#wp1079912 https://www.acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031290

(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.

https://www.acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031326

(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.

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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 CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-

5757.

III- 2 - FAR 52.236-7 Permits and Responsibilities (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

III- 3 - AGAR 452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For

Corporate Applicants (FEB 2012) Alt I (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No.

112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

https://www.acquisition.gov/far/current/html/Subpart%2032_8.html#wp1029202 https://www.acquisition.gov/

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

III- 4 - FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting

Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

a) This clause does not apply to the unrestricted portion of a partial set-aside.

b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in

8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

III- 5 - FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)

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

(8 CFR 274a).

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

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

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

For further information on the requirements of the Act, contractors should contact the Employer and Labor

Relations Officer of their local INS office.

III- 6 - FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (DEC 2007)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are

United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR

2902.10 et seq.). For example, some USDA-designated items such as mobile equipment hydraulic fluids, diesel fuel additives, and penetrating lubricants are excluded from the preferred procurement requirement for the application of the USDA-designated item to one or both of the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.usda.gov/biopreferred.

III- 7 - AGAR 452.228-71 Insurance Coverage (NOV 1996)

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

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable

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

http://www.usda.gov/biopreferred

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance and shall be required in the amount of

$500,000 per occurrence.

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

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

III- 8 - FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.245-1 Government Property (JUN 2007)

52.245-9 Use and Charges (JUN 2007) http://www.arnet.gov/far/

III-9 - FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders-Commercial Items (FEB 2012)

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

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

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L.

109-282) (31 U.S.C. 6101 note).

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

111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2012) (41

U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-

161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__(10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved]

X (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

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__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

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

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

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

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns

(Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting

(Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

_…