W12B0007.pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 128

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W91236 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

803 Front St,Norfolk,VA23510 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

VERONICA A MCGUIRE 757-201-7366

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

5 - 17 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

19 - 22

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 23 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 24 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

25 - 104

PART II - CONTRACT CLAUSES

USA ENGINEER DISTRICT, NORFOLK

CONTRACTING OFFICE

803 FRONT STREET

NORFOLK VA 23510-1096

757-201-7183FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

02 Mar 2012

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W91236-12-B-0007

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Lump Sum Base Year (12 Months from Award Date)

FFP

Aerial Application of Larvicides and Herbicides at Craney Island Dredged Material Area in Portsmouth, Virginia.

FOB: Destination

NET AMT

0002 Lump Sum Option Year 1 (12 Months)

FFP

Aerial Application of Larvicides and Herbicides at Craney Island Dredged

0003 Lump Sum Option Year 2 (12 Months)

FFP

Aerial Application of Larvicides and Herbicides at Craney Island Dredged

0004 Lump Sum Option Year 3 (12 Months)

FFP

Aerial Application of Larvicides and Herbicides at Craney Island Dredged

0005 Lump Sum Option Year 4 (12 Months)

FFP

Aerial Application of Larvicides and Herbicides at Craney Island Dredged

Section C - Descriptions and Specifications

CLAUSE NUMBER CLAUSE TITLE

SECTION C Description and Specifications

Text Scope of Work

SECTION E Inspection and Acceptance

52.246-4 Inspection of Services – Fixed Price

SECTION F Deliveries or Performance

52.211-11 Liquid Damages - Services

52.242-14 Suspension of Work

52.242-15 Stop Work Order

52.242-17 Government Delay of Work

52.247-34 F.O.B. Destination

SECTION G Contract Administration Data

Text Contract Administration Data

252-201-7000 Contracting Officer’s Representative (COR)

SECTION I Contract Clauses

52.202-1 Definitions

52.203-3 Gratuities

52.203-5 Covenant Against Contingent Fees

52.203-6 Restrictions on Subcontractor

52.203-7 Anti-Kickback Procedures

52.203-8 Cancellation, Rescission & Recovery of Funds

52.203-10 Price or Fee Adjustment for Ilegal of Impro Act

52.203-12 Limitation on Payments to Influ Certain Fed Trans

52.204-2 Security Requirements

52.204-4 Printing/Copying Double Sided on Recyc Paper

52.204-7 CCR

52.204-9 Personal Identify Verification of Contractor Personnel

52.209-6 Protecting the Govt Interest w/Subcontr

52.215-1 Instructions to Offerors Competitive

52.216-18 Ordering

52.216-19 Ordering Limitations

52.216-22 Indefinite Quantity

52.217-8 Option to Extend Services

52.217-9 Option to Extend to Term of the Contract

52.219-14 Limitations on Subcontracting

52.222-3 Convict Labor

52.222-4 Contract Work Hours

52.222-21 Prohibition of Segregated Facilities

52.222-26 Equal Opportunity

52.222-35 Equal Opportunity for Special Disabled Veterans

52.222-36 Affirmative Action for Handicapped Workers

52.222-37 Employment Reports on Spec Disabl

52.222-41 Service Contract Act of 1965

52.222-50 Combating Trafficking in Persons

52.222-54 Employment Eligibility Verification

52.223-5 Pollution Prevention and Right to Know

52.223-6 Drug Free Workplace

52.223-10 Waste Reduction Program

52.225-13 Restrictions on Certain Foreign Purchases

52.225-14 Inconsistency B/t English Version

52.227-1 Authorization and Consent

52.227-3 Patent Indemnity

52.228-5 Insurance—Work on Govt Install

52.229-3 Federal, State and Local Taxes

52.232-1 Payments

52.232-9 Limitation on Withholding of Payments

52.232-11 Extras

52.232-17 Interest

52.232-23 Assignment of Claims

52.232-33 Payment by Electronic Funds Transfer

52.233-1 Disputes

52.233-3 Protests After Award

52.237-2 Protection of Government Buildings, Equipment

52.237-3 Continuity of Services

52.242-13 Bankruptcy

52.243-1 Changes

52.244-6 Subcontracts for Commercial Items

52.245-1 Government Property

52.246-25 Limitation of Liability Services

52.249-4 Termination for Convenience of the Government - Services

52.249-8 Default

52.253-1 Computer Generated Forms

52.203-7001 Prohibition of Person’s Convicted of Fraud

52.203-7002 Requirements to inform employees of Whistleblower Rights

52.204-7003 Control of Government Personnel

52.205-7000 Provision of Info to Cooperative Agreement

52.209-7001 Disclosure of Ownership

52.215-7000 Pricing Adjustments

52.223-7001 Hazard Warning Labels

52.223-7004 Drug Free Work Force

52.223-7006 Prohibition on Storage & Disposal

52.225-7031 Secondary Arab Boycott of Israel

52.226-7001 Utilization of Indian Organization

52.243-7001 Pricing of Contr Adj

52.243-7002 Request for Equitable Adjustment

52.247-7023 Transportation

SECTION K Representation and Certification 52.203-11 Certification and Disclosure Regarding Payment

52.204-3 Taxpayer ID

52.204-5 Women Owned Business

52.204-8 Annual Rep/Certs

52.209-5 Certificate Regarding Responsibility Matters

52.214-16 Bid Acceptance Period

52.215-6 Place of Performance

52.219-1 Small Business Programs

52.222-22 Previous Contracts and Compliance

52.222-25 Affirmative Action Compliance

52.222-38 Compliance with Veteran’s Employment

52.209-7001 Disclosure of Ownership

SECTION L Instructions, Conditions, & Notice to Bidders 52.204-6 DUNS Number 52.214-4 False Statements in Bids

52.214-5 Submission of Bids

52.214-6 Explanation of Prospective Bidders

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids

52.214-10 Contract Award – Sealed Bidding

52.214-12 Preparation of Bids

52.214-14 Place of Performance – Sealed Bid

52.214-16 Minimum Bid Acceptance

52.214-26 Audits and Records- Sealed Bidding

52.214-28 Subcontracting Cost and Pricing – Sealed Bidding

52.214-29 Order of Precedence – Sealed Bidding

52.214-34 Submission to Offers in the English Language

52.216-1 Type of Contract

52.222-46 Evaluation of Compensation for Professional Employees

52.233-2 Service of Protest

52.237-10 Identification of Uncompensated Overtime

52.204-7001 Commercial and Government Cage Code

SECTION M Evaluation Factors for Award 52.217-5 Evaluation of Options

Text Factors for Evaluation

GENERAL REQUIREMENTS

1. Contractor shall provide aerial application of pesticides and herbicides at the Craney Island Dredged Material Area in Portsmouth, Virginia for the U.S. Army Engineer District, Norfolk, Virginia.

1.2 SUBMITTALS

1. Chemical List with manufacturers

2. Product Labels

3. Copy of FAA Agricultural Aircraft Operator Certificate

4. Copy of FAA Agricultural Aircraft Certificate

5. Copy of State License for Commercial Pesticide Applicators for aerial pesticide

6. Shapefiles from the aerial application guidance system with each aerial application invoice

1.3 References

Army Regulations AR 385-32 Personal Protective Equipment for Pest Management Personnel (Technical Guide No. 14)

Armed Forces Pest Management Board (AFPMB)

TECHNICAL INFORMATION MEMORANDUM NO. 15

FAA Federal Aviation Regulations (FARS, 14 CFR Part 137)

US Army Corps of Engineers EM 385-1-1 Safety and Health requirements Manual

OSHA Standard

1910.134 Personal Protective Equipment

2. PRODUCTS

2.1 Pesticide:

Biological Bacillus thuringiensis (Bti) granular larvicide Bacillus thuringiensis (Bti) liquid larvicide Chemical Naled (Trumpet EC)

2.2 Herbicide: “Habitat” herbicide manufactured by BASF Specialty Products or approved equal.

(Rates of application and areas for application of Pesticides and Herbicide are specified in the Bid-schedule.)

2.3 Contractor shall use only those pesticides and other

materials registered by the EPA and approved by DOD and the State of Virginia for the use intended.

2.4 Prepare and submit a list of chemicals, manufacturer, and product Labels to the Contracting Officer for review on contract start date and as changes occur. Contractor shall not use any chemicals on Craney Island until included on the list.

2.5 Maintain a label book and a material safety data sheet book of pesticides used and have a copy readily available for reference.

2.6 Security: Contractor shall secure pesticides and herbicides carried on vehicles in locked compartments when not in use.

Vehicles shall not be left unattended at anytime unless locked and secured. Containers shall be clearly labeled.

2.7 Aircraft and Equipment:

2.7.1 All aircraft shall be equipped with an aerial application guidance system for wind offset, designed specifically for Mosquito control, or other applications where wind plays a factor, such an AG NAV “Flight Master” system or approved equal.

System shall provide the pilot with weather data, swath, directional guidance, and other navigational information required to carry out precise aerial application.

2.7.2 Fixed-wing aircraft shall have a turbine engine with a

minimum of 600 horsepower.

2.7.3 Contractor shall maintain all aircraft and equipment in operating condition, to include:

2.7.4 Tanks, Hoses, Pumps, Control Valves, Gauges and Delivery Equipment shall be free of visible deterioration, shall not leak and shall operate at the manufacturer’s recommended rates and pressures. Equipment which has failed shall be replaced or repaired by the Contractor prior to resuming operations.

2.7.5 Screens, Strainers and Filters shall be used and maintained in accordance with the pump, sprayer and nozzle manufacturers' instruction.

2.7.6 Spray Nozzles shall deliver spray patterns as specified by the nozzle manufacturer. Nozzles that become clogged or eroded shall be repaired or replaced by the Contractor prior to resuming operations.

2.7.7 Ultra-low Volume (ULV) Equipment shall be calibrated to assure proper flow rate of pesticide as required by the label.

The ULV equipment shall be calibrated upon initiation of the contract and every 50 hours thereafter or per manufacturer's recommendations or when the machine is repaired. Contractor shall perform a droplet size analysis for each ULV item of equipment at least once per year. Report of this analysis shall be maintained on file and made available to the Contracting Officer on request.

2.7.8 Safety Equipment and Clothing shall be used in accordance with AR 385-32, OSHA Standard 1910.134 and product Label requirements. All equipment and personnel must comply with US Army Corps of Engineers Safety Manual (EM 385-1-1).

Clothing contaminated by spillage shall be immediately removed and thoroughly laundered before wearing. Clothing of applicators shall not be worn during other than duty performance and shall be laundered daily to limit contamination.

3. EXECUTION

3.1 Apply Pesticides not later than 5-days after notification by the Contracting Officer’s Representative (COR). The COR will provide the Contractor appropriate shapefiles representing the acreage to be treated for each application. The Contractor shall furnish shapefiles from the aerial application guidance system documenting each aerial application when submitting invoices for completed work.

3.2 Weather restrictions for Naled (Trumpet EC): As directed by label requirements (unless modified by current label), spray during periods when wind speed is between 1 and 15 mph at ground level and when thermal activity is low. Do not apply when ambient temperature is less than 50ºF. Do not apply when it is raining in the treatment area.

3.3 Apply herbicides as scheduled by the COR, generally in

September.

3.4 Use Pesticides and Herbicides in strict conformance with

label directions. Materials that have been suspended or canceled by EPA shall only be used per the suspension or cancellation order and shall not be used after the date indicated on the order. The Contractor shall comply with all Federal, State and Local laws, regulations, directives and Applicable Publications, regarding storage, mixing, applying, equipment certificates and safety for use of pesticides and herbicides.

3.5 Operators of the equipment shall be licensed as Commercial Pesticide Applicators for aerial pesticide application by the Commonwealth of Virginia and experienced in the operation of the required equipment. Aircraft Operators shall be Certified in accordance with Federal Aviation Administration (FAA) Rules 14 CFR Part 137 and all equipment shall meet applicable FAA requirements. Submit copies of the Certifications and State Licenses for all personnel who will be conducting the pesticide application.

3.6 No fixed-wing aircraft shall land on Craney Island Dredged Material Area except for emergency.

3.7 No mixing or loading of pesticides shall be conducted on

Craney Island Dredged Material Area.

3.8 The contractor is advised that Norfolk District personnel will carry out normal day-to-day operations at Craney Island and hauling and dredging operations could be on going by independent contractors or Government personnel. It is not anticipated that these operations will interfere with the work required under this contract; however, notify the COR if the product label advises, or requires, personnel to leave the vicinity during any application or for any period after application.

3.9 PROTECTION OF PERSONS AND PROPERTY: Exercise all safety

precautions necessary during use of pesticides and herbicides to protect all personnel, property and environment. Maintain equipment to prevent leakage. Comply with all OSHA Safety Requirements. Spills shall be reported immediately to the Contracting Officer.

Should a spill occur, Contractor shall clean up spill in accordance with the Armed Forces Pest Management Board TECHNICAL INFORMATION MEMORANDUM NO. 15. If a spill occurs on soil, remove contaminated soil to depths where no detectable amounts of the substance are evident and properly dispose of materials off Government property. No containers, equipment or cleanup material that is contaminated with pesticide or herbicide shall be disposed of on Craney Island property.

Base Bid‐Schedule (12 months from Award Date)

Aerial application of pesticides, larvicides, and herbicides at the Craney Island Dredged Material Area in Portsmouth, Virginia for the US Army Engineer District, Norfolk, Virginia

Item No. Supplies/Services Quantity Unit

Unit Price

Amount

0001 Apply Bacillus thuringiensis (Bti) granular larvicide at the rate of 20 lbs/acre as directed by the Contracting Officer. (250‐ acre minimum for any one application) 1,000 Acres

0002 Apply Bacillus thuringiensis (Bti) granular larvicide at the rate of 15 lbs/acre as acre minimum for any one application) 250 Acres

0003 Apply Bacillus thuringiensis (Bti) liquid larvicide at the rate of 2 pints per acre as

0004 Apply undiluted Naled (Trumpet EC) in ultra‐ low volume dosage of 0.75 fluid ounces per acre as directed by the Contracting Officer.

(3,300‐acre minimum for any one application) 9,900 Acres

0005 Apply Habitat or equivalent herbicide at the rate of 6 pints per acre as directed by the Contracting Officer. (50‐acre minimum for any one application) 50 Acres

Base Bid Total

Option Year One Bid‐Schedule (12 Period of Performance)

Aerial application of pesticides, larvicides, and herbicides at the Craney Island Dredged Material Area in Portsmouth, Virginia for the US Army Engineer District, Norfolk, Virginia

Item No. Supplies/Services Quantity Unit

0006 Apply Bacillus thuringiensis (Bti) granular

0007 Apply Bacillus thuringiensis (Bti) granular

0008 Apply Bacillus thuringiensis (Bti) liquid

0009 Apply undiluted Naled (Trumpet EC) in ultra‐ acre as directed by the Contracting Officer.

0010 Apply Habitat or equivalent herbicide at the

Option Year 1 Bid Total

Option Year Two Bid‐Schedule (12 Period of Performance)

Aerial application of pesticides, larvicides, and herbicides at the Craney Island Dredged Material Area in Portsmouth, Virginia for the US Army Engineer District, Norfolk, Virginia

Item No. Supplies/Services Quantity Unit

0011 Apply Bacillus thuringiensis (Bti) granular

0012 Apply Bacillus thuringiensis (Bti) granular

0013 Apply Bacillus thuringiensis (Bti) liquid

0014 Apply undiluted Naled (Trumpet EC) in ultra‐ acre as directed by the Contracting Officer.

0015 Apply Habitat or equivalent herbicide at the

Option Year 2 Bid Total

Option Year Three Bid‐Schedule (12 Period of Performance)

Aerial application of pesticides, larvicides, and herbicides at the Craney Island Dredged Material Area in

Item No. Supplies/Services Quantity Unit

0016 Apply Bacillus thuringiensis (Bti) granular

0017 Apply Bacillus thuringiensis (Bti) granular

0018 Apply Bacillus thuringiensis (Bti) liquid

0019 Apply undiluted Naled (Trumpet EC) in ultra‐ acre as directed by the Contracting Officer.

0020 Apply Habitat or equivalent herbicide at the

Option Year 3 Bid Total

Option Year Four Bid‐Schedule (12 Period of Performance)

Aerial application of pesticides, larvicides, and herbicides at the Craney Island Dredged Material Area in

Item No. Supplies/Services Quantity Unit Unit Price

0021 Apply Bacillus thuringiensis (Bti) granular

0022 Apply Bacillus thuringiensis (Bti) granular

0023 Apply Bacillus thuringiensis (Bti) liquid

0024 Apply undiluted Naled (Trumpet EC) in ultra‐ acre as directed by the Contracting Officer.

0025 Apply Habitat or equivalent herbicide at the

Option Year 4 Bid Total

Total Amount for Bid Schedules: (0001 – 0025)

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY FULL TEXT

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

(End of clause)

Section F - Deliveries or Performance

F.1 NOTICE TO PROCEEDS

Separate Notices to Proceed will not be issued for task order under this contract. The Notice to Proceeds will be the task orders issued under the terms of this contract in accordance with the Federal Acquisition Regulations (FAR) clause 52.216-18, “Ordering” contained herein. Following negotiations on a task order the contractor will be required to submit a revised proposal incorporating any changes negotiated so the task order may be issued in response to the contractor’s proposal and/or revised proposal.

F.2 DURATION OF CONTRACT/ORDERING PERIOD

This contract shall become effective on date of award and the ordering period shall continue in effect during the twelve (12) months after the effective date of contract unless terminated in accordance with other provisions contained herein. These conditions are also applicable to OPTION PERIODS, if and when exercised.

F.3 PERFORMANCE PERIOD

The contractor shall be required to: (a) commerce work under this contract per the required date as stated in each individual task order calendar days after the date of award; (b) prosecute work diligently until the man hours specified in the schedule or the soil supply has been exhausted (whichever is the latter); and (c) the contract performance period shall not exceed one year plus four option years, if exercised.

The Government reserves the right to contact the contractor verbally on an on-call basis as subject services are needed. The contractor shall be required to be on site not later that the next calendar days after the Government’s contact.

NOTE: THE CONTRACTING OFFICER OR CONTRACTING OFFICER’S REPRESENTATIVE ARE THE

ONLY INDIVIDUALS AUTHORIZED TO INITIATE THESE CONTACTS AND TASK ORDERS.

F.4 PLACE OF DELIVERY: DESTINATION

The article to be furnished hereunder shall be delivered, all transportation charges paid by the contractor, to the

COR.

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT

(SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $300.00 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly.

However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract. (c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;

provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved, and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall--

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

Section G - Contract Administration Data

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

Section H - Special Contract Requirements

__. DEPARTMENT OF LABOR WAGE DECISION (SERVICE)

Any contract awarded as a result of this solicitation will be subject to the U.S. Department of Labor Wage Decision(s) Number 1995-0317 Revision 31 dated, 06/13/2011 and is hereby attached.

_2__. REQUIRED INSURANCE

The contractor shall procure and maintain during the entire period of performance under this contract, the following minimum insurance:

TYPE AMOUNT

Workers Compensation As required by State law Employer's Liability $100,000 per person General Liability $500,000 per occurrence

Motor Vehicle Liability (for each motor vehicle):

Bodily injury or death $200,000 per person $500,000 per occurrence Property damage $20,000 per occurrence

Prior to commencement of work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than 30 days after written notice thereof to the Contracting Officer.

_3__. LOCATION OF SITE ON A GOVERNMENT RESERVATION

The site of the work is on a government reservation and all rules and regulations issued by the Commanding Officer covering general safety, security, and sanitary requirements, etc., shall be observed by the contractor.

__4_. IDENTIFICATION OF CORRESPONDENCE

All correspondence and data submitted by the contractor under this contract shall reference the contract number.

Section I - Contract Clauses

52.202-1 DEFINITIONS (JAN 2012)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acquisition.gov/far at the end of the FAR, after the FAR Appendix.

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

52.203-7 ANTI-KICKBACK PROCEDURES. (OCT 2010)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from -

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $150,000.

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (JAN 1997)

(a) If the Government receives information that a contractor or a person has engaged in conduct constituting a violation of subsection (a), (b), (c), or (d) of Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C.

423) (the Act), as amended by section 4304 of the 1996 National Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), the Government may--

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

(2) Rescind the contract with respect to which--

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct constitutes a violation of subsection 27(a) or (b) of the Act for the purpose of either--

(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct constituting an offense punishable under subsections 27(e)(1) of the Act.

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

(a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or designee determines that there was a violation of subsection 27 (a), (b), or (c) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in section 3.104 of the Federal Acquisition Regulation.

(b) The price or fee reduction referred to in paragraph (a) of this clause shall be--

(1) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award;

(2) For cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or "fee floor" specified in the contract;

(3) For cost-plus-award-fee contracts--

(i) The base fee established in the contract at the time of contract award;

(ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point.

(4) For fixed-price-incentive contracts, the Government may--

(i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or

(ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price.

(5) For firm-fixed-price contracts, by 10 percent of the initial contract price or a profit amount determined by the Contracting Officer from records or documents in existence prior to the date of the contract award.

(c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the Act by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced.

(d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT

2010)

(a) Definitions. As used in this clause--

Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of…