b.final_request_for_quotes.doc

26 to 28 ft Jet Boat Package

1204M320Q0040

OF

LOCAL TIME 4:30 PM

INFORMATION CALL

Annie Pollock, Administrative Austin Hess, Technical (541)969-3554 (509)751-5910 05/18/2020

10. THIS ACQUISITION IS

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UNRESTRICTED

SET-ASIDE. _100_% FOR

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SEE SCHEDULE

SMALL BUSINESS,

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HUBZONE SMALL BUSINESS

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13a. THIS CONTRACT IS A RATED ORDER

38470 Pine Town Lane Halfway, OR 97834

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8(A)

UNDER DPAS (15 CFR 700)

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SOLE SOURCE

13b. RATING

ONLY EMAILED OFFERS WILL BE ACCEPTED

andrea.pollock@usda.gov

RFQ

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IFB

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RFP

Same as Block 9

FACILITY CODE

PO Box 66527

St. Louis, MO 63133

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

IS CHECKED: FORMCHECKBOX

SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

26ft. to 28ft. Welded Aluminum Jet Boat Package

See attached for Schedule of Items

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

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27a. solicitation incorporates by reference FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5 and Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

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27b. contract/purchase order incorporates by reference FAR 52.212-4. FAR 52.212-5 AND Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

28.

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AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED (BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

Andrea Pollock

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ( FAR (48 CFR) 53.212

STANDARD FORM 1449 (REV. 4/2002) BACK

DESCRIPTION OF SUPPLIES/SERVICES IDENTIFIED IN BLOCK 20

PERFORMANCE WORK STATEMENT

This vessel is for use by United States Forest Law Enforcement Officers conducting law enforcement operations throughout the Wild and Scenic Snake River corridor. The boat design must be suitable for use while navigating the most challenging rapids in Hells Canyon between Clarkston, WA, and the Hells Canyon Dam. The vessel shall be constructed so as to withstand the rigorous use required of boater assistance activities, search and rescue, and frequent beaching without damage.

The entire vessel shall be constructed, inspected, and certified as a small passenger vessel per sub chapter “T” (USCG Navigation and Vessel Inspection Circular No. 11-80 (NVIC 11-80), USCG CFR 175-185 (known as Subchapter T)). A structural analysis is to be conducted on the hull design based upon criteria found in “Navigation and Vessel Inspection Circular (NVIC) No. 11-80 or other approved standards.

Due to the fact that this vessel will be operating primarily on the Snake River, which has some of the biggest and most technical water in the State of Idaho/Oregon, the contractor shall have a successful history of “Commercial Coast Guard Certified” boat building for the Snake River. Also, due to the fact that this vessel will be carrying not only members of the USFS, but also member of the Idaho Dept. of Fish and Game, Oregon State Police, and the US Fish and Wildlife Service and members from various other federal and state agencies as well as the possibility that at times high profile executive members of the state and local government may be passengers as well, that this vessel meets or exceeds United States Coast Guard standards. These standards shall include USCG plan review including weld schedules and USCG plan drawings. The USCG plan drawings shall include bow profile, top and side profiles, substructure, fuel tank, brake drawings of motor mounts, longitudinal and transverse scantling. In addition, contractor shall provide proof of having built similar +26” twin engine jet boats with stick steering which has met the USCG 46 CFR 175-185 (Subchapter T, NVIC 1180 Standards and Specifications).

The Contractor shall furnish all labor, supervision , equipment, materials, transportation, supplies (unless specified elsewhere as Government-furnished), and incidentals required to accomplish specified work, including contractor quality control, in compliance with the terms, specifications, and provisions of the contract.

Accessibility - The Government reserves the right, with appropriate notification, to visit the facility and inspect the project. Inspections will be coordinated with the contractor at specific build phases.

Desired Outcome – The Government Expects to receive a turn-key jet boat package meeting the technical aspects of this solicitation, within the scope of the period of performance, and at the award price.

Required Service – To produce the Desired Outcome of this contract, depending upon the Contract Item ordered, the contractor shall supply one jet boat package that meets the following specifications:

Center Length: 26’- 28’

Beam:

Approximately 9’ 6”

Minimum Chine Beam:

Approximately 7’ 6”

The Forest Service requests prices for both Gasoline and Diesel Propulsion Systems. Please include Hamilton or approved equal Jet Pump units appropriate for each propulsion type.

Suggested paired systems:

Gasoline Engines: (2) 6.2L Ford DI - or approved equal Jet Units: (2) Hamilton 213 or approved equal (for hydraulic reverse control and rake) with 3.4 turbo impeller and shaft connection between engine & pump. Or Diesel Engines: (2) Yanmar or approved equal 8LV, 350 HP, with engine isolator mounts at all contact points.

Jet Units: (2) Hamilton 241 (for hydraulic reverse control and rake) with 3.4 turbo impeller and shaft connection between engine & pump. – Or Approved Equal

Fuel Capacity: 160 Gallons (minimum)

Bottom:

.500 plate in the aft 8’ and .250 plate forward, all 5086 H116

Bottom Design: 10-14 degree tapered deadrise with delta pad, planning stakes and keel strip. Delta pad shall be mechanically pressed into bottom and 20”wide at transom and tapering to a point approximately 18’ forward . 1 set of planning strakes welded into bottom of a design that will allow boat bottom to slide when necessary. Keel strip shall be .250”x 4”, 5086 H116 starting at the bow and ending at the point of the delta pad.

Sides:

Approximately 36” to 39” tall, .125” 5086 H116 with constructed gunnels of the same side piece and 2 v crimps.

Transom: .125” transom with .250” in approximately bottom 12” with 2 drain holes and rubber plugs.

Chines:

2” x 3” x .250” 6061 T6 aluminum chines.

Scantling: Longitudinals- .188” x 2” x 6”, 5086 H116 angle longitudinal hull stiffeners on 10” maximum centers ahead of water tight bulkhead.

Transverses- .125” x 2” x 20”, 5086 H116 angle transverse bracing on maximum 24” centers. Transverse shall be of stepped design welded into longitudinals. Bow/Nose Bracing – 2” x 1 ¼” x .170 6061 T6 channel.

Side Ribs: 2” x 1 ¼” x .170” 6061 T6 channel on _ maximum centers. Ribs shall have gusset keys between channel and sides at all v crimps plus additional channel bracing from the side channel ribs to underneath of the gunnel lip.

Bulkhead: .188” 5086 H116, watertight bulkhead ahead of engines and fuel cell.bulkhead to have 2 drain holes through center bottom with removable drain plugs.

Bow Deck: .125” x 6061 diamond plate aluminum of sufficient strength to prevent damage from normal usage. Bow to be square off nose style with shoe, minimum .500 6061 T6 aluminum rub rail wrapped around bow edge, capped underneath from rub rail to side, welded continuously. Two rung ladder with hoop hand grabs and with 4” bow rail.

Flooring:

.125” x 6061 diamond tread flooring with sound deadening underneath.

Rear Deck: Self-bailing high deck with diamond tread motor cover lids with sound deadening.

Rear Rails: 1” square tubing rails, 36” tall, maximum 12” spacing, removable rails with 30” opening aft and 3 stainless steel chains across opening. Two rod holders each side with sturgeon rod holder.

Swim Platform: Full width swim platform, diamond tread covered with 3 rung swim deck ladder mounted to starboard side with grab handle on swim platform and transom. .500” towing gussets placed between swim deck and transom at the outside corners, continuously welded.

Pump Guards:

1.5” Schedule 40, 6063 T6 pipe pump guard legs both interior and exterior of pumps.

Windshield:

Approximately 46” tall, welded frame, driver center fixed windshield with dual access doors to either side. Access doors to hinge inward with door stops and locking mechanism to hold doors open. each door to have dual rubber snubber style of door closures. Raingutter welded over the top of all 3 windshield pieces. Interior grab handles above each windshield opening.

Windows: All front windshield pieces of bolt-in Lexan with rubber molding over bolts. Side windows to be tinted glass sliders to alleviate heat and UV damage while in outdoor storage. Side windows will also be lockable.

Top: Full fixed frame hard top, tinted sliding side windows. Cabin interior will have dual dome lights. 12” wide x 3” tall lip carpeted top trays, top rails, and backdrop. Hand rails incorporated into inside top frame running full length longitudinally and one hand rail forward running transversely. Exterior hand rails on top both sides longitudinally for whole length of cab. Top must be able to mount 1 emergency light bar, approximately 3 government supplied antennas, LED illumination light bar, 2 spotlights, and GPS antenna.

Seating:

Center pilot air-ride seat with left hand arm rest. Smaller air ride seats on port and starboard center seat. Install bench seats behind smaller air ride seats running remaining length of the cab with maximized storage underneath on both port and starboard sides.

Dash: Builder supplied instrumentation and accessory panels.

Pilot Station:

The vessel shall have a forward, center, vertical stick with short throw steering console with on the stick on the right side of the driver’s seat, fully mechanical stick steering (no cables and right hand control). The throttle and shift control levers positioned on the left side, single lever, single function controls for each engine and pump.

“Livorsi/Kobelt Stacker” , style throttle and shift controls or approved equivalent with long handles for throttle to the inside, short handles for shift to the outside, bent forward. Hydraulic/electric shift with tall toggle switches to activate. Indicator lights place in dash.

Fuel Cell: USCG approved minimum 160 gallon aluminum cross fuel cell, mechanically bolted to the engine compartment framework with sending unit and fuel gauge in dash. Mechanical fuel shut-offs with cable actuation under gunnel lip. Fuel cell drawing and affidavits for tank testing and installed fuel system required. Engine fuel filters to be supplied by engine manufacturer and minimum Racor 900MA or approved equal secondary’s with 30 micron filters remotely mounted and plumbed between fuel cell and engines. Fuel cell to have bottom sump area with stainless steel ball valve for drainage.

Trim Tabs: Manufacturer recommended trim tabs.

Bow Eye: Shall be of ½” 6061 T6 aluminum, welded continuously onto the bottom nose structure then with the keel strip placed over it and continuously welded. Placement shall be at the appropriate location to facilitate use of the trailer winch line in loading onto the trailer. It shall be equipped with 2 5/8” clevises.

Cleats:

4 10” bolt on cleats with backing plates installed forward and aft on Gunnel tops.

Ball Valves: On all through hull penetrations except bilges.

Muffler:

One muffler per engine with exhaust cross over in engine compartment and single exhaust port through transom. The two-in-to-one cross-over muffler is designed to better accommodate stick-steering components, hydraulic reverse, and power steering by saving space in the transom area of the boat. The muffler is equipped with one exhaust outlet through the transom while still providing good access to the pump cleanout. The muffler itself will be located outside of the transom under the swim platform while the cross-over is inside of the engine compartment. The exhaust exits the bottom of the muffler to direct the noise down and to prevent water from being hydraulically forced into the exhaust system.

Sand Trap: Waterlines from jet pumps shall each be equipped with a sand trap each of which shall drain outside the hull. The sand trap can be easily mounted in the engine compartment. The standard height of the stand trap is 12” and requires minimal room for mounting. A sand trap is an essential part of the cooling system, the heat exchanger and the exhaust manifolds by using a centrifugal vortex to separate the sand from the water. This allows the sand to settle in the bottom of the trap where it can easily be seen and moved with the turn of a valve. Removal of and cleaning of the heat exchanger and cooling system can be expensive compared to the cost of and installation of a sand trap.

Motor Mounts: Contractor shall four point mount each engine by installing isolator engine mounts in all eight contact points.

Electrical Accessories:

All electrical equipment and materials required in these specifications shall be provided by the contractor and shall be suitable, inspected and certified for use in small passenger vessels as per sub Chapter “T” (USCG Navigation and Vessel Inspection Circular NO. 11-80 (NVIC 11-80) USCG CFR 175-185 (known as Subchapter T)).

Dash Panel: Instrumentation shall consist of the following: Multi-gauge including oil pressure, temperature, fuel and volt meter. Separate gauge for the tachometers and hours meters. Instrumentation to include audible and visual warning system for low oil pressure and engine overheating. Two power points to either side of dash. Dash shall include switches for the horn, blower, bilge pumps, dash lights, navigation/anchor lights, dome lights, heater/defroster, one accessory and alarm silence. All switches to be circuit breaker protected with auto resets. Provide a detailed drawing of the dash panel and dash layout.

Blowers: Two blowers per engine.

Bilge Pumps:

Three submersible 2000 GPH bilge pumps that feature stainless-steel shafts, water cooling and vibration-free centrifugal impeller that won’t burn out if run dry. Requiring strainer bases that can easily be snapped off for cleaning. Two pumps in engine compartment, one manual with switch in dash, one auto float with indicator light in dash. One auto float ahead of bulkhead with floor access hatch and indicator light on dash.

Batteries: Engine manufacturer recommended start batteries with isolator switches for each batter in double battery system.

Heaters:

Two 2” louvered vents located on dash facing toward center windshield, one to either side of dash for passenger windshields, and one in each step. Second heating element mounted under pilot station for aisle heater.

Wipers: Pantograph windshield wipers on all 3 windshields with wipers and arms maximizing coverage. Pilot controls all three windows simultaneously in stick. Passenger window controls exclusive to respective side seat windows, mounted on gunnels.

Spot Lights: Two permanent, roof mounted marine suitable L.E.D. searchlights mounted forward starboard and forward port sections of roof. For nighttime navigation and search purposes the lights will need to be spotfocused optics, have a minimum of 300,000 Candela rating, and a minimum Max Beam Distance of 3,500 ft. (L.E.D. lights are required to reduce power draw on battery system, longer life, and reduced bulb failure for times of search and rescue and nighttime navigation).

Dome Lights:

2 dome lights mounted under top of cabin area.

Forward and Aft Deck Flood lights: Starboard and Port cabin mounted deck lighting

Navigation Lights: USCG approved navigation lights including fold down all around light mounted on aft section of top. High intensity LED light bar mounted forward on top section with adequate candle rating for comfortable night navigation.

Vapor Detector: USCG approved vapor detector mounted in engine compartment with visual and audible alarm in dash.

Fire Suppression: Install an automatic halon fire extinguishing system for engine compartment, with manual discharge option, and automatic engineshutdown. System must be compliant with US Coast Guard Title 46 CFR subchapter T requirements for Small Passenger Vessels. Install 2.5# fire extinguisher mounted at shift tower and a 10# fire extinguisher in side side storage box with bracket.

Upholstery: Seating: Bench seating color gray with uniform stitch design. Carpet: Marine grade carpet along sides and in bottom of top trays. Backdrop: Full curtain backdrop with clear vinyl above the bench seat height. Center dual zippered opening with strap to hold in place when rolled up.

Sound Deadening: Sound deadening shall be applied throughout the engine compartment including the sides, bulkhead and motor cover lids. Diamond tread floors shall have sound deadening installed between the floors and substructure. The bow shall have sound deadening incorporated on the back side of the steps and access hatch plus under the pilot station ramps.

Paint: Hard top of vessel shall be painted white. Gunwales shall be surfaced with diamond tread caps.

Striping: USFS green stripe, shields and identification.

Radio/Satellite Phone:

VHF radio, satellite phone, and antennas provided by USFS for installation.

Trailer:

Galvanized trailer to have a minimum GVWR of 12,000 lbs. with tandem axle electric brakes, UHMW bunks, winch and step on winch stand, spare tire and carrier. Electric brake away kit.

Accessories w/installation:

1) Sleeper bars to make individual beds from bench seats.

2) Stainless steel bow and toe rail wrap mechanically fastened with stainless steel oval head screws.

3) Watertight cross storage box mounted above fuel cell. Dimensionally to be ½ the depth of the fuel cell step, full width and height to match motor cover lids.

4) Rearview mounted mirror in front of operator station and above dash panel.

5) Sun visor mounted above in front of operator station and above dash panel.

6) Garmin GPSMAP 1042xsv with Bluechart & Lakvu applications – or approved equal.

7) Garmin GT30-TM and GT8HW-IH Transducer Bundle– or approved equal.

8) FENIEX FUSION 49" LIGHTBAR DUAL COLOR – or approved equal.

9) FENIEX FUSION 180 DEGREE OPTIC BLUE/WHITE x4– or approved equal.

10) FENIEX FUSION 180 DEGREE OPTIC RED/WHITE x4 – or approved equal.

11) FENIEX STORM PRO 200W SIRENFENIEX 4200 FULL PANEL CONTROL SYSTEM – or approved equal.

12) WHELEN SIREN SPEAKER NYLON COMPOSITE 6.5" DIAMETER, 2.9" DEPTH – or approved equal.

13) WHELEN UNIVERSAL MTG BRKT for SA315P SPEAKER– or approved equal.

14) XANTREX FREEDOM HF1000,1000w/20a INVERTER/CHARGER – or approved equal.

15) David Clark H9930 Headset x4 installed throughout Cabin – or approved equal.

16) David Clark U9910-BSW Belt Station x4 – or approved equal.

17) David Clark U9921-GUV Universal Gateway – or approved equal.

18) David Clark A99-14CRG Battery Charger – or approved equal.

19) David Clark 40688G-90 Battery x6 – or approved equal.

20) David Clark M-RIM Multi Radio Input Module – or approved equal.

21) Lund Industries The Loft Dual Gun Vault or approved equal, w/2 anchor points within the vault for cable lock ability. Location, manufacturer and final design to be determined mutually with boat builders recommendations.

22) VHF Antenna mounted to roof and pre-wired to the location of the Two-Way Communication Radio.

23) 12 Volt Power cable pre-run for Two-way communication radio

24) Accessory 12Volt power plugs X2 Materials/Workmanship – Where a specific brand is named it shall be construed solely for the purpose of indicating the standard of quality, performance, or use described. Brands of equal quality, performance, and use shall be considered, provided the contractor specifies the brand and model and submits descriptive literature to the owner’s representative with their price quote and obtains written approval prior to procurement.

All apparatus (machinery, equipment, piping, etc.) is to conform to good making practice for vessels of the class. Materials shall be ordered to recognize standard sizes wherever such apply, to facilitate replacement or repair. All materials and equipment shall be new and of the best commercial quality. Owner and contractor shall reach written agreement as to manufactured items to be supplied for the vessel.

The contractor shall provide suitable facilities and exercise proper diligence in connection with the storage, handling and installation of all materials and equipment. Machinery and other components subject to damage or deterioration from exposure to weather or excessive heat, cold, or humidity shall be place in suitable warehouses or otherwise properly protected. Special attention shall be given to manufacturer’s installation instructions.

All workmanship entering into the construction of the vessel shall conform to a high standard of commercial shipbuilding practice and shall result in fair lines and smooth surfaces. Sharp and ragged edges or corners of the structure which are unsightly or which could cause injury to personnel shall be removed, and restored to a smooth mill finish. Any undercutting by burning shall be filled with weld metal and ground smooth.

In the fabrication and erection of the hull structure, discontinuities, undercutting, notches, or other mechanical damage which might initiate or propagate cracks in the structure shall be eliminated or repaired.

Bi-metallic connections between aluminum and copper or copper rich alloys such as the brasses or tween aluminum and non-stainless ferrous alloys shall be avoided. The preference of material for fittings shall be aluminum and stainless steel. Where aluminum to copper joints cannot be avoided, control of galvanic corrosion shall be achieved through the use of non-absorbent insulating materials and stainless steel fasteners.

Test and Trials: 1) All parts of the construction, including structure, fitting, system and machinery shall be thoroughly tested to demonstrate satisfactory workmanship, proper working order, suitability for intended purpose and compliance with the requirements of these specifications to the satisfaction of the USFS. Any defect which may develop or becomeapparent from these tests shall be corrected by the contractor at no extra cost to the USFS.

2) The USFS shall be notified in advance, within a reasonable amount of time, of the scheduling of such tests so that their representative(s) may arrange to be present. At the time of this notification, the contractor shall submit to the USFS a trial procedure proposal.

a) All expenses incident to the trials shall be incurred by the contractor. During these trials, the craft shall be operated by a crew provided by the contractor.

b) The contractor shall conduct such dockside trials as may be necessary to demonstrate that all systems and machinery are in proper operating order. The vessel shall undergo sea trials to determine if the engines are operating to at the full RPM specified by its manufacturer and to insure that the impellers installed are of the proper diameter and pitch for the intended service.

c) Maneuvering test shall be performed to determine the handling qualities of the vessel and adequacy of the steer mechanism.

d) During all trials and tests, the contractor shall insure that all required USCG required safety equipment is on boar and fully functional.

Inspection and Acceptance -

1) Materials, equipment and supplies for the completed vessel and trailer will be furnished by the contractor at no additional expense to the USFS.

2) The contractor shall provide and maintain and inspection system acceptable to the USFS covering supplies under this contract and shall tender to the USFS for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the contractor to be in conformity with the contract requirements. As part of the system, the contractor shall prepare records evidencing all inspections made under the system and the outcome. Those records shall be kept complete and made available tothe USFS during contract performance and for as long afterwards as the evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the contractor of the obligations under the contract. Any supplies found to be unacceptable, upon inspection by the USFS shell be replaced or corrected, to the satisfaction of the USFS at no additional cost to the department.

3) Contractor shall provide all appropriate information and paperwork required for titling the vessel, at a minimum, a Statement of Origin andspecifications.

4) Acceptance and payment of the vessel shall occur after all test and trials have been completed, to the satisfaction of the USFS, including a period ofoperation by the USFS, not to exceed 24 hours as recorded on the engine hour meter of the low time engine of the vessel.

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)

(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 41 U.S.C. chapter 71, Contract Disputes. 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, 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-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), 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 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 41 U.S.C. 7109, 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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 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, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations 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) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

INVOICE PROCESSING PLATFORM (IPP)

The “Submit Invoice-to” address for USDA orders is the Department of Treasury’s Invoice Processing Platform (IPP). The Contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasure. 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.

AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled within 14 days after the date of contract award. The conference will be held at the office of the issuing district or at a mutually agreed upon location.

(b) Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the post award conference.

CONTRACT TIME

Work shall begin no later than 7 calendar days after the effective date of the Notice to Proceed.

All work shall be completed and delivered to Clarkston, Washington no later than March 1, 2021.

CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:______________"

SAFETY

Contractor shall provide a job specific safety plan addressing the hazards identified above and any other potential hazards known to the Contractor. The plan shall be presented at the post award conference for discussion.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with provisions of FAR Clause 52.245-1 "Government Property" as listed by reference below.

Suspension for other than Government Convenience The Contracting Officer may issue orders to suspend work wholly or in part for such periods of time as deemed necessary because of : 1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads, or adjacent property. Such actions would include but are not limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable for further work; or 2) failure of the Contractor to comply with specifications such as but not limited to: height of material on the ground following treatment, damage to leave trees, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items. (MAR 2020)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (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.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_x_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Mar 2020) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (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) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program…