B08_-_Solic_140F0421Q0081_AK_techs_v2.pdf

140F0421Q0081

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

09/20/2021

1 68

1875 CENTURY BOULEVARD

SUITE 310

Atlanta GA 30345-3310

FWS, DIVISION OF CONTRACTING AND GR

Multiple

503 872-2825Robert Sung

09/23/2021 1000 PD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

AK - FES - Services

DUNS:_________________

Email:_________________

Period of Performance: 11/01/2021 to 10/31/2022

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

Ecologist, Analyst, and Tech Services, AK SOLICITATION NO. 140F0421Q0081 FWS Fisheries and Ecological Services Division (FES) Page 2 of 68

SECTION B –SERVICES AND PRICES

This requirement is for one (1) Time-and-Materials Commercial Items Services Contract for Ecologist I & II, Data Technicians, Data Analyst, Data Modeler, Engineering Tech II in Alaska. The contract contains a one-year Base period plus one additional one-year term option.

BASE

Item no. Item Description Quantity Unit of

Measure Unit Price Total 0001 Base Period: Ecologist I 2,088 Hours $ $

0002 Base Period: Ecologist II 1,044 Hours $ $

0003 Base Period: Data Technician 2,088 Hours $ $

0004 Base Period: Data Analyst 2,088 Hours $ $

0005 Base Period: Data Modeler 2,088 Hours $ $

Option

Base Period: Engineering Tech II

2,088 Hours $ $

0007 Base Period: Travel Funding 1 Lump Sumg

$2,500.00 $2,500.00

Option

Option Period 1: Ecologist I 2,088 Hours $ $

Option

Option Period 1: Ecologist II 2,088 Hours $ $

Option

Option Period 1: Data Technician

2,088 Hours $ $

Option

Option Period 1: Data Analyst 2,088 Hours $ $

Option

Option Period 1: Data Modeler

2,088 Hours $ $

Option

Option Period 1: Engineering Tech II

2,088 Hours $ $

Option

Option Period 1: Travel Funding

1 Lump Sumg

$2,500.00 $2,500.00

TOTAL - Base $

TOTAL - Options $

GRAND TOTAL – Base plus Options $

PERIOD OF PERFORMANCE: See Section F.

(End of Section B)

FWS Fisheries and Ecological Services Division (FES) Page 3 of 68

SECTION C – PERFORMANCE WORK STATEMENT

Performance Work Statement – Fisheries & Ecological Services Data Collection, Analysis and Support Services

1. Introduction

The Fisheries and Ecological Services Division (FES) in Region 7 of the U.S. Fish and Wildlife Service (Service) consists of a diverse group of cross-cutting programs that have varied responsibilities to understand and address complex issues such as fisheries management, endangered and threatened species, environmental contaminants, habitat protection and restoration, and marine mammal conservation and recovery. We deliver these programs and associated products through Fish and Wildlife Field Offices located across the state of Alaska, as well as through numerous partnerships with state agencies, universities, tribes, non-profits, private land owners and other stakeholders.

2. Objective

The program objective is to assist the R7 Service FES Program in carrying out its stewardship responsibilities for protected species, birds, fish, marine mammals and habitats. Collectively, the services provided will facilitate implementation of agency mandates and assist in achieving the objectives of conservation of trust species and their associated habitats.

General areas of assistance to the R7 Service FES Program include:

• conducting literature reviews;

• collecting, compiling and analyzing data;

• conducting or participating in research and monitoring projects;

• developing field study plans and associated budgets;

• drafting responses, letters, reports and reviews;

• evaluating the effect of proposed actions on species and habitats;

• conducting and documenting site visits;

• entering data and conducting quality control reviews and querying databases to extract data or determine the status of actions;

• attending meetings, conferences, site visits;

• copying documents, compiling records (including responses to Freedom of Information Requests and Administrative Records), organizing and maintaining filing systems (including electronic filing);

• conducting biological analysis of proposed actions;

• preparing maps and other geographical displays and analysis;

• preparing and distributing mass mailings;

• scanning files to a PDF format and filing or uploading to a FTP site and other services as required and necessary;

• providing meeting support including facilitation; organizing meetings including finding locations, assisting participants, preparing materials and a variety of support services during the meeting itself;

taking meeting notes and other meeting products and outcomes.

• implementing habitat conservation, restoration and enhancement projects; and

• evaluating the effectiveness of management decisions on species and habitats.

FWS Fisheries and Ecological Services Division (FES) Page 4 of 68

3. Activities

3.1. Document Preparation and Presentation

Objective: To prepare responses to inquiries, white papers, reports and other documents.

Specific Activities:

• Prepare responses to requests for information on the presence of species and habitats, and analysis of potential impact to these from proposed projects and activities

• Compile and analyze biological information on species, habitats or threats

• Prepare PowerPoint presentations, fact sheets, reports, letters, and other documents

• Develop content for a variety of print and electronic publications

• Prepare materials for meetings

3.2. Technical Writing and Editing

Objective: To prepare scientific and policy documents and review and edit written documents.

Specific Activities:

• Prepare documents which include technical scientific information

• Edit documents to ensure accurate scientific information

• Edit documents to correct grammatical errors

• Edit documents to ensure consistency with agency guidance, format and policy

3.3. Information Collection, Review, Compilation and Analysis

Objective: To collect information on species distribution and abundance, habitat quantity and quality and other information on natural resources, verify the accuracy of this data, and analyze it.

Specific Activities:

• Conduct literature reviews

• Conduct site visits to collect data in the field, including the use of boats, trucks, ATVs, aircraft

• Conduct field work including capturing fish and wildlife, collecting data, restoring habitat

• Enter data into databases and conduct quality assurance/quality control

• Conduct public opinion polls

• Analyze outreach metrics

• Gather and analyze economic and demographic information

3.4. Study Design & Statistical Analysis

Objective: Work with program biologists to ensure that proposed research projects are of sufficient scientific rigor and statistical design so as to provide meaningful results.

Conduct power analyses to help identify the appropriate study characteristics including sample size, years of duration, number of replicates, etc. Work with program staff to

FWS Fisheries and Ecological Services Division (FES) Page 5 of 68 analyze data collected in a timely and compete manner so that it is available for management purposes.

Specific Activities:

• Work with FES staff to ensure that all study proposals have specific, measurable, achievable, relevant and time-specific management objectives.

• Work with FES staff to ensure that all study proposals include a plan for the design, analysis, reporting and management of data.

• Work with staff within Ecological Services to develop study proposals for at-risk species which focus on key information needs to determine the current and likely future condition of such species.

3.5. Impact Analysis

Objective: Identify, evaluate and work to mitigate adverse impacts of proposed actions (e.g., dams, wind turbines, wave turbines, oil and gas development, and other structures and development projects) on resources and habitats.

Specific Activities:

• Review construction and design plans to determine potential impacts

• Make recommendations for modifications to avoid, minimize or mitigate potential impacts to Service resources

• Review and summarize literature for insights into how these structures and activities have impacted species and habitats in other locations

• Make recommendations for policy, guidance, and criteria for assessing projects

• Work with Partners internally and externally to implement projects for the benefit of fish and wildlife and their habitat

• Provide recommendations in issues associated with fish passage, stream flow analyses, study requests, monitoring and mitigation needs

3.6. Field Study Design, Including Logistical Planning and Budget Estimation Objective: Based on oil spill scenarios developed by FES staff, develop geographic region-specific work plan templates for ephemeral data collection pertaining to natural resources under the trusteeship of the Service. Products will include budget templates for the work plans and will address all logistical aspects of implementing the work plan. Templates will be scalable to adjust the scope of the field studies to various magnitudes of oil spill impacts.

Specific Activities:

• Develop work plan and budget templates for at least three Alaska regions per year, to be identified by the FES staff.

• Review existing ephemeral data collection protocols, and if necessary, tailor existing protocols to be more directly relevant to a Alaska region.

• Review existing maps and aerial photography to examine coastal shoreline accessibility.

• Identify region-specific logistics challenges (e.g., physical access, communications in remote locations, transfer of electronic data and physical evidence from remote

FWS Fisheries and Ecological Services Division (FES) Page 6 of 68 locations to Anchorage, etc.) and develop alternatives and associated cost estimates to remedy those challenges.

• Identify recommended minimum standards/qualifications for equipment and personnel that would be necessary for field study implementation.

• Consult with various Service programs whose services or expertise may be relevant for the implementation of field studies.

• Develop budget templates in the format of electronic spreadsheets that allow a user to quickly estimate the total cost of a particular size of study.

4. Expertise Required to Carry out Activities

As illustrated by the above list of activities, a wide range of administrative and technical services may be required under this statement of work. The labor categories and minimum qualifications that would be required to carry out all of the identified activities are as follows:

4.1. Ecologist / Environmental / Natural Resource Specialist

4.1.1 Level I: college degree in biology, wildlife management, natural resource management, environmental science or related field (equivalent to a GS 401/482/486-7)

4.1.2 Level II: college degree in biology, wildlife management, natural resource management, environmental science or related field and at least 2 years of related work experience (equivalent to a GS 401/482/486-9)

4.2. Data Technician/Analyst / Modeler

4.2.1. Technician: College or other course work in data analysis, demonstrated experience in creating reports containing data analysis, preferably including a mapping component (GS 401/482/486-7)

4.2.2. Analyst: College degree involving statistics and GIS, formal course work and demonstrated experience in initiating and completing analytical projects including using ArcGIS, knowledge and experience preferred (equivalent to a GS 401/482/486-9)

4.2.3. Modeler: Ph.D. in quantitative ecology or statistics or demonstrated experience in in these fields of study. Knowledge and experience using integrated population models, Bayesian statistics, and experience with program R and ArcGIS is also preferred (equivalent to a GS 401/1530-13)

4.3. Engineering

4.3.1. Engineering Tech II: college degree in engineering from a postsecondary institution accredited by ABET; minimum two year of automated drafting experience using AutoCAD Civil3D; minimum two year of entry level engineering fish passage design experience and an Engineer-In-Training (EIT) certificate issued by a state or the National Council of Examiners for Engineers and Surveyors or verification of passing the Fundamentals of Engineering (FE) examination. (equivalent to a GS-0810 or 0819/11 or Alaska DOT&PF Engineering Assistant III)

5. Travel & Training

5.1. Travel within Alaska may be required. The Government will reimburse the contractor for allowable travel and subsistence costs incurred by the contractor in performance of the contract and determined to be in accordance with FAR Subpart 31.205-46 Travel Costs. No

FWS Fisheries and Ecological Services Division (FES) Page 7 of 68 travel time shall be charged for work performed within a 50 mile radius of the regular duty location. Per diem for travel on work assigned under this contract will be reimbursed consistent with company policy, but not to exceed the amount authorized in the Federal Travel Regulation (FTR).

5.2. In rendering the services, the contractor shall be reimbursed for the actual costs of transportation incurred by its personnel not to exceed the cost of tourist class rail, or plane fare, to the extent that such transportation is necessary for the performance of the services hereunder and is authorized by the Contracting Officer.

5.3. Specific training will be required as a pre-requisite to providing specific services. Examples of these training include boat safety, bear/gun safety, CPR/first aid. The contractor will be expected to provide individuals with the required training. If a training is Service-specific, then it will be provided by the government.

5.4. The use of privately owned conveyance within the continental United States by the traveler will be reimbursed to the contractor at the mileage rate allowed by the FTR. Distances traveled between points shall be calculated using electronic standard highway mileage guides. The contractor shall explain any deviations from distance shown in such standard mileage guides.

6. To be Provided by the Government

6.1. The Service shall provide to the Contractor user identifications and passwords to access the Service computer systems upon completion of the required data access forms, clearances, and training. The Service shall provide computers, office space, and supplies at its facilities as well as field supplies, equipment and housing. If training is required that is only available from the Service, it will be provided by the government.

6.2. If it is determined to be in the best interest of the Government, the Contractor may be authorized to use Government supply sources to provide supplies or equipment required for contract performance.

7. To be Provided by the Contractor

7.1. Any equipment that is procured to complete a task with funds provided from this acquisition shall become Government property. Also any data, databases, web sites or other products or programs developed under this acquisition shall become the property of the Government.

7.2. Liability insurance is the responsibility of the contractor.

7.3. The contractor shall provide the following:

7.3.1. Sufficiently skilled staff to accomplish the above activities in the required quantity and of the required quality.

7.3.2. PPE for contractors

FWS Fisheries and Ecological Services Division (FES) Page 8 of 68

7.3.3. In the event that the government allows the Contractor to be a driver or passenger in Government Owned Vehicles (GOV) boats, ATVs or other equipment, the Government is neither liable nor responsible for any injury or property damage experienced by Contractor.

7.3.4. Supervision of contractor staff.

8. Period of Performance

The period of performance will vary by position and will begin when the individual(s) are hired.

The table below lists the number of hours by labor categories that may be exercised in each option year.

In each specific option year, the hours ordered by labor category will not exceed the number listed in the table.

Base Hours Base Dates Option 1

Hours Option 1 Dates

Ecologist I 2,088 11/1/2021 – 10/31/2022

2,088 11/1/2022 – 10/31/2023

Ecologist II 1,044 11/1/2021 – 10/31/2022

2,088 11/1/2022 – 10/31/2023

Data Technician 2,088 11/1/2021 – 10/31/2022

2,088 11/1/2022 – 10/31/2023

Data Analyst 2,088 11/1/2021 – 10/31/2022

2,088 11/1/2022 – 10/31/2023

Data Modeler 2,088 11/1/2021 – 10/31/2022

2,088 11/1/2022 – 10/31/2023

*Engineering Tech II 2,088 11/1/2021 – 10/31/2022

2,088 11/1/2022 – 10/31/2023

*This position is an option for the Base year.

9. Locations

1. Ecologist I

a. Marine Mammals Management Regulatory Program, Anchorage Regional Office

2. Ecologist II

a. Regional Contaminants Program, Anchorage Regional Office,

3. Data Technician

a. Conservation Genetics Laboratory, Anchorage Regional Office, 2,088 hours

4. Data Analyst

a. Conservation Genetics Laboratory, Anchorage Regional Office,

5. Data Modeler

FWS Fisheries and Ecological Services Division (FES) Page 9 of 68

a. Mammals Management, Anchorage Regional Office;

6. Engineering Tech II

a. Anchorage Fish & Wildlife Conservation Office

(End of Section C)

FWS Fisheries and Ecological Services Division (FES) Page 10 of 68

SECTION D – PACKAGING AND MARKING

N/A

(End of Section D)

FWS Fisheries and Ecological Services Division (FES) Page 11 of 68

SECTION E – INSPECTION AND ACCEPTANCE

(End of Section E)

FWS Fisheries and Ecological Services Division (FES) Page 12 of 68

SECTION F – DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award for a period up to 2 years if options are exercised.

The following clause is incorporated by reference:

Clause Title Date

52.242-15 STOP WORK ORDER AUG 1989

(End of Section F)

FWS Fisheries and Ecological Services Division (FES) Page 13 of 68

SECTION G – CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

http://www.cpars.csd.disa.mil./ http://www.cpars.csd.disa.mil/

FWS Fisheries and Ecological Services Division (FES) Page 14 of 68

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30- day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice

1. Invoice billed according to contract line items and rates.

2. If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

3. If final payment is billed, the last invoice shall state “FINAL”.

4. Contractor’s Release of Claims shall be submitted with the final invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

(End of Section G) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

FWS Fisheries and Ecological Services Division (FES) Page 15 of 68

SECTION H – SPECIAL CONTRACT REQUIREMENTS

(End of Section H)

FWS Fisheries and Ecological Services Division (FES) Page 16 of 68

SECTION I – CONTRACT CLAUSES

The following clauses are incorporated by reference:

Clause Title Date

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

DEC 2014

52.209-2 PROHIBITION ON CONTRCTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL

REQUIREMENTS-COMMERCIAL ITEM ACQUISITION

FEB 2007

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 NOV 2020

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION MAY 2011

52.232-1 PAYMENTS APR 1984

52.232-11 EXTRAS APR 1984

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

DEC 2013

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION

APR 1984

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS Alternate I (JAN 2017)

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

FWS Fisheries and Ecological Services Division (FES) Page 17 of 68

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

[Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

FWS Fisheries and Ecological Services Division (FES) Page 18 of 68 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. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-

(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) "Materials" means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate:

[Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

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(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.

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(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) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-https://www.acquisition.gov/far/part-2#FAR_2_101

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(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None’."]

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert ‘None’)."]

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

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(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor’s timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an 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)(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

FWS Fisheries and Ecological Services Division (FES) Page 23 of 68 the period in which the amount becomes due, and then at the rate applicable for each six month period as established 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 in a timely manner;

(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 FAR 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…