AG-9AC7-S-15-0008.pdf

Mud Creek Aerial Photos AG-9AC7-S-15-0008 Page 1 of 25

Mud Creek Aerial Photos

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. It is an RFQ and quotes are being requested. The solicitation number is AG-9AC7-S-15-0008.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-75 (June 24, 2014).

The purchase is set aside 100% for small businesses. The applicable NAICS code is 541922. The Size Standard is $7.0 million. The Product/Service Code is T009. All responsible sources may submit a quotation which will be considered by the agency. The agency will make award of the Base Item or an Option Item based on the best value proposal meeting Government needs, considering both price and non-price factors. Non-price factors are, when combined, somewhat more important when compared to price.

Description of Requirement: The Government intends to purchase aerial photography services and deliverables for, in order of importance, Upper Mud Creek, Lower Mud Creek, and Inconstance Creek areas of interest indicated on the maps provided. The entire area of interest is 15,806 acres or approximately 24.7 square miles.

If you are interested in this project, please provide in writing by October 16th 2014 at 2:00 PM:

1. A statement declaring the ability of your company to meet project specifications and produce project deliverables as described in the Statement of Work, including any suggestions for alternatives of any specifications given herein (such as film type and camera focal length). Describe how the proposed alternative(s) are acceptable alternatives to the specified requirements. As a part of project requirements, separately attached is Attachment A: USDA Aerial Film Camera Specifications. The Government will consider alternative proposals when the requirements stated in the solicitation cannot be met exactly, but the Government may not make award if no technically acceptable proposals are received. The preference is to make award to the Quoter whose technical abilities and proposal best meet the given specifications and, in combination with the price quote, offers the best value to the Government. Quoters may offer multiple alternatives.

2. A proposed schedule of completion of the requested deliverables (see Schedule scenarios on page 2)

3. The completed Schedule of Items (Price quote; see page 3)

4. The completed provision AGAR 452.209-70 (Alternate I) (see page 12)

5. A list of UP TO 3 (THREE) similar past projects completed within the last five years, with a preference for

Government Contracts / Purchase Orders (briefly describe the requirement, location, scale and client)

6. Quoters must have an Active SAM Entity at www.sam.gov to receive award. Award may occur as soon as the quote due date. A “Pending” SAM Entity does not constitute grounds to delay award.

EMAILED QUOTES MAY BE SENT TO SVINCENT02@FS.FED.US. FAXED QUOTES MAY BE SENT TO 530-226-2474.

FOR QUESTIONS OR CLARIFICATION, CONTACT SANDRA VINCENT BY EMAIL OR PHONE: 530-226-2408.

Deliverables - The following products shall be delivered to the Forest Service by the Awarded Contractor:

1. Film Negatives and Prints

True Color* air photo negatives (9 inch by 9 inch) and 2 contact prints for each negative; Nominal scale of photographs would be 1:24,000 or larger (eg. 1:20,000 would be acceptable, but 1:30,000 would not). One item calls for larger scale photos at a scale of 1:12,000. Stereo coverage is required for each item.

*The Government will consider quotes for alternative film types, but True Color film is preferred and will receive a higher evaluation rating.

2. Scans- Provide high resolution scans, 12 micron (2116 DPI) .tif images which result in file sizes of about 1.1GB per image to the Forest Service on an external drive of proper capacity.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P284_48544 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P284_48544 http://www.sam.gov/ mailto:SVINCENT02@FS.FED.US

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Schedule Air Photos would be flown as soon as possible in October, but ideally no later than November 15, 2014 in order to produce the most desirable results. Products shall be delivered to the Forest Service within one week after the flight date unless otherwise agreed in advance in writing by the COR. Due to the possibility of unforeseen unideal weather changes, the schedule for photography may need to change.

The following photography date scenarios are provided in descending order of preference:

1. October 17 through November 15, 2014

2. November 16 2014 through the winter season as weather allows

3. Summer 2015

4. Autumn 2015

Time of Flight The flight should occur between 8:30 am and 12:00 pm/noon for Items 1-3, since Lighting in the Mud Creek gorge is optimal during that time window. If Item 4 is awarded, the area at Inconstance Creek should be flown after Mud Creek, as lighting is less critical there. Any deviation from this timeframe must be approved in writing in advance by the COR.

Base and Options Prospective quoters should provide quotes for the Base (Item 1) and for all Options (Items 2, 3 and 4) as listed on the Schedule of Items. The products are the same for all Items, with the exception that Item 3 involves some photos at a scale of 1:12,000 and some at a scale of 1:24,000.

ITEM DESCRIPTIONS:

Base ITEM 1: Item 1 involves flying the Upper Mud area outlined on Map 1 at 1:24,000 scale. This is the Base Item.

Full stereo coverage is required within the area of interest, and it is anticipated that a single flight line down Mud Creek will accomplish the desired results. The Mud Creek, Konwakiton, and Watkins glaciers must be within the area of coverage.

Options ITEM 2: Item 2 involves flying both the Upper and lower Mud areas outlined on Map 1. Full stereo coverage is required within the area of interest indicated on Map 1, and it is anticipated that a single flight line down Mud Creek will accomplish the desired results. The Mud Creek, Konwakiton, and Watkins glaciers must be within the area of coverage.

ITEM 3: Item 3 involves flying the Lower Mud area at a larger scale (1:12,000). It is desirable to have Mud Creek at the center of the flight line to the extent possible. Stereo coverage is required along flight lines.

ITEM 4: Item 4 is the same as Item 2, but adds another area (Inconstance Creek), which is a few miles north of Mud Creek on the north flank of Mount Shasta (see Map 2). Inconstance Creek would be flown at 1:24,000 and with a single flight line encompassing the area of interest shown on Map 2. Stereo coverage is required along flight lines.

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SCHEDULE OF ITEMS: Mud Creek Aerial Photos

Item Description Unit Price Quote

ITEM 1 Upper Mud Area in 1:24,000 scale LS $

ITEM 2 Upper & Lower Mud Areas in 1:24,000 scale LS $

ITEM 3

Upper Mud Area in 1:24,000 scale and Lower Mud Area in 1:12,000 scale

LS $

ITEM 4

Upper & Lower Mud Areas in 1:24,000 scale and Inconstance Creek in 1:24,000 scale

LS $

DELIVERABLES REQUIRED FOR ALL ITEMS ARE COLOR FILM, 2 CONTACT PRINTS & HI RES. SCANS.

Optional Use Section (Quoters may provide the following information in any format they choose):

Contractor Name:

Contractor DUNS #:

Contact Name / Phone:

Contact Email:

Completed Provision AGAR 452.209-70 (Required) is attached is not attached

Contractor statement of ability to meet project specifications/ Contractor’s proposed alternatives (Attach details as desired/required):

Proposed flight/ photography schedule availability (see Scenarios, pg 2):

List of similar projects completed within the last 5 years (preference for Gov’t contracts):

Project Description/ Requirements/ Results

Geographic Location/ Scale/ Size Client/ Customer Name & Phone

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1. STATEMENT OF WORK

SPECIFICATIONS FOR AERIAL PHOTOGRAPHY

The general scope of this procurement is to procure precise vertical aerial photography and aerial photographic services. Photography will be used for such applications as fire rehabilitation, flood damage/landslide assessment, tree mortaliy studies, natural resource inventory and other resource applications. Typical photo scales required will range from 1:4,800 to 1:24,000 scale. 1:40,000 scale photography may be required as source imagery for the regional digital orthophoto quarter quadrangle program or other large area coverage requirement. Aerial camera with a nominal focal length of 153mm will be the primary one required for most applications under this contract.

NOTE: Alternative camera focal lengths will be considered (i.e. 6”; 8.25”, etc.).

1.1 Introduction

The Contractor is responsible for furnishing aerial photographic services and related supplies in accordance with requirements, specifications, terms and conditions specified herein.

(a) Technical Requirements and Specifications

The technical requirements and specifications of this contract are described in Section C which define the essential elements in securing high quality aerial photography. Any deviation from the specifications stated herein may cause increased time and effort in using the photography as intended.

(b) Delivery and Performance

Specific delivery dates will be specified. Performance of the contract shall be authorized and monitored by the Government.

(c) Quality Control

Quality control shall be exercised by the Contractor continuously throughout the performance of the contract. Procedures shall be established to assure that all aerial photographic materials are delivered in accordance with the delivery schedule and at the required level of accuracy and quality.

1.2 Location of Work

Location of areas to be photographed will be National Forest lands within the Pacific Southwest Region.

Specific area maps will be furnished to the contractor with the project area(s) delineated for the area of interest.

1.3 Not used for this contract

1.4 Labor and Materials

The Contractor shall furnish all materials, equipment, transportation, supervision, and labor as required herein.

C-2 EQUIPMENT REQUIREMENTS

Any equipment (aircraft and cameras, in addition to those submitted at the time of offer) proposed to be used by the Contractor must be approved for use by the COR (Contracting Officer’s Representative). If the aircraft and camera, proposed for use, are not owned by the Contractor, a written statement of availability shall be furnished to the COR.

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2.1 Aerial Camera

(a) Tested and calibrated precision aerial cameras for taking aerial photographs are required and must meet USDA Aerial Camera Specifications (see Section C-3 and Attachment A).

(b) Proposed camera systems will be evaluated to determine if they meet the contract specifications, based on a current USGS camera calibration test report. The CO or COR shall have the right to require the removal of a camera from use when deficiencies in photographic imagery attributable to the camera are found to exist. Any camera removed from use by the CO or COR shall not be returned to use on Forest Service projects until the cause of the malfunction is corrected to the satisfaction of the Forest Service.

That determination will be based on the acceptable samples and/or an additional test by the Optical Sciences Laboratory of the USGS, if directed by the CO or COR.

2.2 Aircraft

(a) All aircraft used in the performance of the work under this contract shall be maintained and operated in accordance with all regulations required by the U.S. Department of Transportation, Federal Aviation Administration (FAA). Aircraft operated in the acquisition of aerial photography under this contract shall be FAA certified to a service ceiling with operating load (crew, camera, film, oxygen, and other required equipment) of not less than the 18,000 feet above sea level. When the acquisition of 1:40,000 scale photography is a requirement, an aircraft with a service ceiling, with operational load, of not less than 30,000 feet above sea level must be available.

(b) When the flight plan and location of any item in the proposed coverage fall within positive-controlled airspace, the aircraft must contain the appropriate equipment to operate in such positive-control areas within the purview of the Federal Aviation Regulations.

(c) The design of the aircraft shall be such that when the camera is mounted with all its parts within the outer structure, an unobstructed field of view is obtained. The field of view shall be shielded from the exhaust gases, oil, effluence, and air turbulence. No window of glass, plastic, or other material shall be interposed between the camera(s) and the ground to be photographed unless authorized by the COR.

2.3 Photographic Laboratory

The contractor's laboratory shall be adequately equipped and staffed to facilitate the production of the specified photographic materials or the contractor shall have access to such facilities.

C-3 PRECISION AERIAL MAPPING CAMERA

3.1 USDA Aerial Camera Specifications

Only camera systems which meet the requirements of these specifications as determined by a current USGS “Report of Calibration” test report shall be used. Camera focal length is specified in this contract. A camera system “Report of Calibration” will not be acceptable if more than three (3) years old at the scheduled date for receipt of offers.

See Attachment A, revision 8/10/99, for USDA aerial Camera Specifications.

3.2 Camera Operation

The camera and its mount shall be checked for proper installation prior to each mission. Particular

Mud Creek Aerial Photos AG-9AC7-S-15-0008 Page 6 of 25 attention shall be given to electrical circuits which control fiducial and camera data box lights and to the vacuum supply.

3.3 Camera Accessories

(a) Automatic Exposure Control

An automatic exposure control devise is permitted, but a manual override capability is required for some types of terrain to achieve proper exposure.

(b) Camera Mount

The camera mount shall be regularly serviced and maintained and shall be insulated against aircraft vibration.

C.4. PHOTOGRAPHIC CONDITIONS

Photography shall be undertaken when skies are clear, free from smoke, clouds, cloud shadows, excessive haze, and well-defined images can be resolved. The ground shall be free from snow below timberline, standing water (other than natural or man-made ponds and lakes), flood waters from streams which have overflowed their banks, and wet ground which renders fields, soil or crop lines unidentifiable.

4.1 Photographic Periods

Photography shall be undertaken during that portion of the day when the sun is at its highest orientation in order to minimize shadow conditions. The minimum allowable sun angle is 45 degrees for all exposures within a project, unless otherwise agreed upon and stated in the work order.

C-5 COVERAGE REQUIREMENTS

5.1 Areas To Be Photographed

The boundaries encompassing the area(s) to be photographed, will be delineated on a map base and/or DOQ and provided to the Contractor.

5.2 Flight Line

(a) Planning

The Contractor will be responsible for all flight line planning necessary to acquire photography at the specified scale and to provide for complete stereo coverage of the project area.

(b) Project Area Coverage

The beginning and ending photo centers of each flight line must be exposed on, or outside of the designated project area to assure complete stereo coverage. When the flight line runs parallel to the project boundary, the coverage required at the boundary line is the same as the minimum sidelap requirement for an adjacent flight.

(c) Flight Breaks

Where a break in the flight line occurs, planned or unplanned, the terminal exposure of any new flight segment shall be exposed on or beyond the center point of the original segment terminal point. Uninterrupted stereoscopic coverage is required at all flight breaks.

(d) Reflight Photography

Reflights for aerial photography shall be centered over the plotted flight line with no less than the center point overlap specified above for flight breaks. All flight segments shall consist of no less than three (3) exposures in length.

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5.3 Photographic Scale

(a) The required scale of photography will be specified in the individual task order.

(b) The allowable deviation from the nominal scale due to terrain changes along a flight line segment may range between the scales as shown below and expressed as a percentage of the nominal scale.

Low (larger scale) 15% Nominal High (smaller scale) 25% Example: 1:16,000 scale (Low 1:13,600 – High 1:20,000)

5.4 Overlap

Endlap (overlap in the line of flight) and sidelap (overlap between adjacent flights) shall be expressed in percentages of total print area. Percentages below shall specify minimum, optimum and maximum values for this spacing, unless otherwise stated in the work order. Because of the changing terrain conditions that can exist within a stereo model, this percentage represents the average overlap within the stereo model between 2 photos.

Endlap - Minimum 57%, Optimum 62%, Maximum 67% Sidelap - Minimum 20%, Optimum 30%, Maximum 45%

5.5 Crab

Any series of two or more photographs crabbed in excess of five (5) degrees as measured between photographs in line and between adjoining lines may cause rejection of any or all of that particular flight line.

5.6 Tilt

Exposures made with the optical axis of the camera in a vertical position are desired. Tilt (departure from the vertical) of any exposure exceeding four (4) degrees or relative tilt between any two successive exposures exceeding six (6) degrees may be cause for rejection of any or all of the flight line. Tilt shall not average more than 2 degrees in any 16km (10 mile) section of a flight line and shall not average more than 1 degree for the entire project.

C-6 AERIAL PHOTOGRAPHIC FILM

All aerial film used on a project shall be from one film type and manufacturer and be purchased by the Contractor. Extreme care shall be exercised to insure proper exposure and processing of film to minimize vignetting due to differential exposure. This differential shall not exceed that which would result from a basic ¼ stop difference in exposure.

6.1 Salient Film Characteristics

Only medium or fine grained, unexpired, polyester base film of the type specified in Section B shall be used.

The film base shall have a nominal thickness of 4 mils and be 24.1cm (9.5 inches) wide. Color and B&W panchromatic emulsions shall be sensitive to the entire visible spectrum plus an extended red sensitivity to approximately 400 to 720 nanometers. Color infrared and B&W infrared shall be sensitive to the visible and near infrared spectrum from 400 to 900 nanometers.

6.2 Processing

All aerial film shall be processed under controlled sensitometric conditions, to achieve consistent and even development. Processing development gamma shall not vary more than 0.10 density units throughout the

Mud Creek Aerial Photos AG-9AC7-S-15-0008 Page 8 of 25 roll. All film shall be processed according to manufacturer's instructions. A leader of at least one meter shall be attached to each end of the roll. All aerial film shall be of archival quality.

6.3 Not used for this contract

6.4 Color Balance Samples

When required by the project personnel to establish project standards for color rendition, the contractor shall supply representative samples of his work for evaluation. If approved, these shall be used as criteria for acceptance or rejection of the project photographs.

6.4 Storage and Handling

(a) Aerial Film

Storage and handling of all photographic material shall be in accordance with the manufacturer's recommendation. Color and color infrared film shall be kept refrigerated in a waterproof container until one day before being exposed and returned to cold storage after exposure until processed.

Cold storage temperatures shall not be higher than 40 degrees Fahrenheit (4 degrees Celsius). The film shall be processed as quickly as possible after exposure.

(b) Film Containers All rolls of aerial film shall be contained in Contractor furnished, study, cylindrical plastic cans. Film can labels will be furnished by the Government.

6.5 Dimensional Stability

The dimensional change in any direction across a 23cm (9”) distance shall not exceed 0.13mm (0.005”) at 18-24 degrees Celsius (65-70 degrees F) and 45-55 percent relative humidity.

6.6 Physical Quality

All aerial film shall be free from chemicals, stains, tears, scratches, abrasions, water marks, finger marks, lint, dirt, and other physical defects. The imagery shall be clear and sharp in detail and uniform in density.

It shall be free from light streaks, static marks, and other defects that would interfere with the intended purpose. All film shall be thoroughly fixed and washed to insure freedom from chemicals which might impair permanency.

6.7 Composition of Film Roll

(a) No more than one project item may be placed on a roll. All aerial film on any one roll shall have the same roll number and shall consist only of exposures made with the same camera system (lens, cone, magazine). Every exposure within a roll of film shall be titled regardless if it rejected or unused for coverage.

(b) Data strip with clock (date/time) must appear between each frame of imagery.

(c) One meter (3 feet) of blank or unused film shall be left beyond the first and last used negative on each roll or segment to serve as leader and trailer. Some unexposed film must be retained at the beginning or end of a roll for step wedge which is required for controlled processing.

(d) Film spools having a flange diameter of approximately 13.3 cm (5 3/16") shall be used, and only that length of film which can be wound on a spool without strain, leaving at least 3mm(1/8") of flange exposed, shall be placed on each spool.

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6.8 Splicing Film

Splicing shall be accomplished with three-quarter (3/4) inch pressure sensitive polyester base tape. The splices shall be of the butt-joint type with tape placed on both sides of the splice. Particular care shall be given to the alignment of the film when splicing, with care taken to trim all excess binding tape in order that the film will be straight after splicing. A splice shall not be closer than five inches from the image edge of any accepted frame.

C-7 CONTACT PRINTS

Each work order will specify types and quantity of prints required. Prints must be properly developed and thoroughly fixed and washed. They must be clean and free from stains, blemishes, uneven spots, air bells, fog, and finger marks. Photographic papers of proper contrast must be used in making suitable contact prints to bring out all the details of the film image. Contact prints shall be made without a mask.

7.1 Color Materials To Be Used

Standard commercial grade multilayer color photographic paper capable of yielding sharp images and proper color balance.

C-8 TITLING OF AERIAL FILM

Every exposure on a roll shall be titled regardless if acceptable or unacceptable, used or unused, rejected or accepted.

8.1 Required Titling

Each exposure shall be clearly edited with the following data as shown below:

(a) Date will be month-day-year in standard numeric notation.

(b) Departmental designator (USDA-F).

(c) Scale will be shown as the denominator of representative fraction expressed to nearest thousand.

(d) Area(s), code(s), will be specified in individual work orders.

(e) Roll (number in series) followed by the contract fiscal year designation.

(f) Exposure (number in unbroken series beginning with 1, not 001 or 01.

(g) The first and last exposure in each strip and at each break in flight line shall be edited with time of day of the exposure.

8.2 Type and Size of Characters and Application

The characters used in titling shall be of standard block lettering 6.35mm (1/4") high. The titling shall be placed on the non-emulsion side of the film.

8.3 Location of Editing Characters

Identifying data shall be placed in line along the most northerly inflight (endlapped) edge of the aerial exposures of north-south flights and shall be placed along the western edge of the exposures in east-west flights. Titling shall be positioned so that the characters are 2.5mm (1/10") from the image edge and 2.5mm (1/10") from the corner fiducials. Titling characters may be adjusted for infrared film so that the data may be read.

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8.4 Assigning Roll Numbers

(a) Original Photography

All rolls of aerial film submitted for each work order shall be numbered consecutively beginning with number one (1) followed by the contract fiscal year designation. In no instance will the same roll number be assigned to more that one roll.

(b) Reflight Photography Rolls of film used in the photography of reflights ordered by the Government shall also be numbered consecutively starting with the next highest roll number as assigned to the original rolls.

8.5 Rejected or Not Used Exposures

Every exposure within a roll shall be titled. Unused or rejected exposures in the roll shall be stamped "rejected" immediately below the exposure number. No exposure shall be removed from the roll unless authorized by the project personnel.

C-9 SPOT INDEX OF AERIAL PHOTOGRAPHY

If specified in the task order, the contractor shall prepare final spot indexes on 1/2" = 1 mile forest map base or 1:24000 scale topographic map base, depending on the overall extent of the project. The contractor is to determine the location of individual photo centers by accurately plotting or recording GPS coordinate data and plotting them on the appropriate map(s).

9.1 thru 9.4 Not used for this contract.

LIST OF ATTACHMENTS

The following separate documents are incorporated into this contract:

1. Attachment A: USDA Aerial Film Camera Specifications 8 Pages

2. Shapefiles of the Area of Interest 14 Files

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MAP 1: Mud Creek Debris Flow Areas of Interest

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MAP 2: Inconstance Creek Debris Flow Areas of Interest

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AGAR 452.209-70

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction (FEB 2012) -- Alternate I (FEB 2012) (DEVIATION)

(a.) Awards made under this solicitation are 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. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b.) The Offeror represents that –

(1) The Offeror is , is not (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including

American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana

Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has , has not (check one) been convicted of a felony criminal violation under

Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has , has not (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does , does not (check one) have 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.

Name of Company:____________________________________________

Name of Company Representative: _______________________________

Signature of Representative:_____________________________________

Date:__________________________

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Contract Requirements

Use of Invoice Processing Platform (IPP) is Required for this Contract The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform

(IPP). All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website:

https://www.ipp.gov/index.htm.

Vendors register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account.

SUBCONTRACTING

The Contractor shall request and receive approval from the Contracting Officer prior to entering into any subcontract arrangement. The Subcontractor shall have the required experience and be sufficiently equipped for the work. The written approval request shall include as a minimum:

a) The name, address and telephone number of the Subcontractor.

b) The date upon which the subcontract would be entered into and its duration.

c) A detailed description of the work to be subcontracted including a listing of contract items, units, etc., as appropriate.

GOVERNMENT FURNISHED PROPERTY

None

WAGE DETERMINATION

The applicable Wage Determination for this work is WD 95-0317 (Rev.-34). All Wage Determinations are available online at http://www.wdol.gov/sca.aspx.

Contract Clauses

Clauses Incorporated by Reference 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 or provision may be accessed electronically at www.acquisition.gov/far/ (FAR) and http://www.dm.usda.gov/procurement/policy/agar.htm (AGAR).

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE

APPLICANTS -- ALTERNATE I (FEB 2012)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL ITEMS (JUL 2014)

(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).

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm http://www.wdol.gov/sca.aspx http://www.acquisition.gov/far/ http://www.dm.usda.gov/procurement/policy/agar.htm http://www.dm.usda.gov/procurement/policy/docs/USDAFARDeviation03-22-2012Solicitation.pdf http://acquisition.gov/far/current/html/52_232.html#wp1160005 https://acquisition.gov/far/current/html/52_212_213.html#wp1203358 https://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_233_240.html#wp1113329 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://acquisition.gov/far/current/html/52_233_240.html#wp1113344

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

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

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

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

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L.

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

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div.

C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(Pub. L. 111-117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41

U.S.C. 2313).

(10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section

738 of Division C of Pub. L. 112-74, 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).

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(12) 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).

(13) [Reserved] (14)(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).

(15)(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.

(16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21)(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.

(22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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(24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

(25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business

(EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

(27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

(28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

(30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

(31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(32) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

(33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(34) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

(36) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

(38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) + (E.O.s 13423 and 13514

(ii) Alternate I (Jun 2014) of 52.223-13.

(39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

(41)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer

Products (DEC 2007) (E.O. 13423).

(ii) Alternate I (DEC 2007) of 52.223-16.

(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.

13513).

(43) 52.225-1, Buy American Act—Supplies (May 2014) (41 U.S.C. 10a-10d).

(44)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(45) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(46) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

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(50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

(51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

(52) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

(53) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(56)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

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

(1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. 351, et seq.).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. 351, et seq.). The Following Statement is for Information Only. It is Not a Wage Determination.

Employee Class Monetary Wage

13073 Photographer III GS-7 $16.44 per hour + fringe

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and

Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (May 2014)

(29 U.S.C. 206 and 41 chapter 67.).

(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 351, et seq.).

(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services—Requirements (May 2014) (41 U.S.C. 351, et seq.).

(7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.13495).

(8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (Pub. L. 110-247).

(9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly…