A-7_Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 888646 57

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

120343Q180010

DATE

11/16/17

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION

Tami Mitchell calls) 406.329.1009

LOCAL TIME

INFORMATION CALL: 12/06/17 2:30 p.m.

9. ISSUED BY CODE 10. THIS ACQUISITON IS UNRESTRICTED OR SET ASIDE: _100_% FOR

USDA – Forest Service

Region 1, Acquisition Management

WMAZ Acquisition Zone

Attn: Tami Mitchell

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM

BUSINESS

24 Fort Missoula Road

Missoula, MT 59804

EDWOSB NAICS: 561720

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD: $18 Mil

SMALL BUSINESS 8(A)

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Delivery Schedule

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR ADDRESS CODE

DUNS No: ____________________________________________ Tax Identification No.: ___________________________________

CAGE Code (see FAR Provision 52.204-16) __________________

Email Address: _________________________________________

18a. PAYMENT WILL BE MADE BY CODE

All invoices will be processed using the Department of

Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via

IPP.

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

JANITORIAL SERVICES

Lolo National Forest

Plains Ranger District

Mineral County, MT

PLEASE PLACE YOUR QUOTE IN

SCHEDULE OF ITEMS, page 2.

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

25. ACCOUNTING AND APPROPRIATION DATA

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 http://www.ipp.gov/

12034318Q0010

Janitorial Service Plains Ranger District

SERVICES AND PRICES

Schedule of Items

Schedule of Items

BASE PERIOD

Item

No.

Description Qty

Unit Unit Price Total Price

1. Plains Ranger District, Main Office Building

January 1, 2018 through December 31, 2018. 12 MO

2. Bunkhouse Annual Cleaning

November 1, 2018 through December 31, 2018. 1 Yearly

Total Base Period:

OPTION PERIOD ONE

Item

No.

Description Qty

Unit Unit Price Total Price

1. Plains Ranger District, Main Office Building

January 1, 2019 through December 31, 2019. 12 MO

November 1, 2019 through December 31, 2019 1 Yearly

Total Option Period One:

OPTION PERIOD TWO

No.

Description Qty. Unit Unit Price Total Price

1. Plains Ranger District, Main Office Building

January 1, 2020 through December 31, 2020. 12 MO

November 1, 2020 through December 31, 2020. 1 Yearly

Total Option Period Two:

OPTION PERIOD THREE

No.

Description Qty. Unit Unit Price Total Price

1. Plains Ranger District, Main Office Building

January 1, 2021 through December 31, 2021. 12 MO

November 1, 2021 through December 31, 2021. 1 Yearly

Total Option Period Three:

Note 1: Quotes may be e-mailed to tlmitchell@fs.fed.us, mailed or hand delivered by 2:30 p.m.

MT, December 6, 2017 to:

Lolo National Forest Service

Attn: Tami L. Mitchell

24 Fort Missoula Road

Missoula, MT 59804

No facsimiles will be accepted.

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

Note 3: Written Acceptance

Any contract resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

Note 4: Basis of Award

One award will be made. Offer of award will be made to the Quoter whose quote, as determined by the Contracting Officer is most advantageous to the Government, considering but not limited to factors such as price, Contractor capacity to do the work, experience with this type of work and past performance. The Experience Questionnaire will be used as part of this evaluation.

Note 5: In order to be considered responsive to this solicitation, the quoter must submit the following:

1. Complete Standard Form 1449

2. Schedule of Items,

3. Experience Questionnaire

4. List of Biobased Products

5. A written Contractor Quality Control plan in accordance with Statement of Work.

6. Solicitation Provisions

Return to the address shown in Block 9. Place “Solicitation No.120343Q180010” Attention

Tami Mitchell on the envelope or email it to tlmitchell@fs.fed.us.

mailto:tlmitchell@fs.fed.us

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

General Specifications

SCOPE OF CONTRACT

The contractor shall provide all management, tools, equipment, and labor necessary to ensure that custodial services are performed at Government offices located at Plains Ranger District, Plains, Montana, in a manner that will maintain a satisfactory facility condition and present a clean, neat and professional appearance. The Contractor’s workforce shall perform all services associated with general custodial cleaning duties listed in the technical requirements.

The contractor shall be responsible for the orderliness and cleanliness of all areas. All areas shall be kept clean, neat and free of fire and safety hazards or unsanitary conditions.

This work is being solicited as a performance based service contract. Performance based means the

Contractor is responsible for an end product. If an end product is not provided in compliance with the contract specifications, an adjustment to the payment will be made.

LOCATION AND DESCRIPTION

The Plains Ranger Station is located approximately 77 miles northwest of Missoula, MT. Follow

Interstate 90 west from Missoula to St. Regis, Montana approximately 49 miles and take Highway

135 east approximately 21 miles, take Highway 200 north approximately 7 miles.

The main office has 4,873 square feet upstairs and 2,629 downstairs. Approximately 1200 square feet is laminate flooring; the remainder is carpet, minus the bathrooms.

The bunkhouse common area is 943 square feet. The bunkhouse residential area upstairs and downstairs is roughly 2,000 square feet. This will be an annual cleaning.

SITE VISIT

To schedule a site visit to the Plains Ranger District, please contact Kelly Altmiller at 406.826.4320 before November 28, 2017.

GOVERNMENT – FURNISHED PROPERTY

Keys or locks necessary for access to areas requiring work under this contract.

Dumpsters for trash and refuse disposal.

Storage space for Contractor-furnished cleaning supplies and equipment.

Utilities to operate equipment and water necessary to complete the work.

All personal hygiene restroom supplies (hand soap, paper towels, 2-ply bath tissue, sanitary napkin receptacle liners, room deodorants and trash can liners).

CONTRACTOR-FURNISHED PROPERTY

The Contractor shall furnish:

1. All necessary supplies and materials (including cleaning supplies, wax, shampoo, spot remover, soap, plastic garbage bags) except those specified as Government-furnished property.

2. All necessary cleaning equipment including but not limited to: scrubbing machine, floor polishing machine, and vacuum cleaner.

Equipment shall be commercial size and type customarily used by the janitorial profession and capable of handling sand and gravel brought in by boots. Equipment designed for home use will not meet these specifications. The Contractor’s equipment shall be in good repair and able to operate efficiently and safely.

The COR may inspect the Contractor’s equipment, tools, or supplies at any time and direct the removal of any objectionable, improper, inadequate, or unsafe items. These items shall be removed from the job by the Contractor and replaced with satisfactory equipment.

The Contractor shall provide and maintain a file with copies of MSDS’s for all chemical products used under this contract. This file shall be kept in the building and accessible to the COR at all times.

CONTRACTOR PERSONNEL

Only personnel trained in custodial and maintenance services shall be allowed to perform work under this contract. Contractor personnel shall be easily recognized as contractor employees. A roster of contractor personnel employed under this contract shall be provided to the Contracting Officer

Representative (COR) 2 days prior to a Notice to Proceed being issued. This roster shall list employee names, duties assigned, and the shift/hours and days each employee is scheduled to work.

The roster shall also show telephone and pager numbers of the contract manager and /or alternates.

Subsequent changes to these rosters shall be provided to the COR no later than 1 day after any change is made.

The Contractor shall provide adequate supervision of crew to prevent employees from disturbing papers on desks, opening drawers or cabinets, using telephones, or computers provided for official

Government use. The Contractor or employees shall not bring children to the premises while the work is being performed.

The Contractor must be able to do onsite inspections of personnel’s work at least every 2 months or per a schedule agreed upon by Contracting Officer and Contractor.

QUALITY CONTROL

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met. The Contractor shall provide a quality control plan for Plains Ranger District

Main Building and the Plains Bunkhouse. Plans shall be submitted within 7 days of contract award.

Records of inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

A description of the inspection system shall include control procedures for any Government-provided keys or lock combinations, location of the documented inspections and corrective or preventative actions taken, and a customer comments feedback system.

GOVERNMENT QUALITY ASSURANCE

Assessment Methods:

The Government will evaluate the Contractor’s performance under this contract. A variety of surveillance methods may be used; i.e., random sampling, a 100% inspection, or customer feedback.

When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor.

Deduction Methods:

The Government will record performance noting any substandard performance. For substandard performance, the Government’s preferred course of action will be discussions with the Contractor to make the Contractor aware of the problem, and to effectively prevent any recurrence of substandard performance. The Government may also take the following actions:

a. Presentation of a Contract Discrepancy Report requiring a written explanation for substandard performance.

b. Require correction or re-performance of the service.

BUILDING SECURITY

The Contractor shall be responsible for safeguarding all Government property. At the end of each work period, all Government facilities, equipment, and materials shall be secured. All buildings will be locked and unlocked by the Government. However, the Contractor shall double check all doors nightly. On week days, interior lights shall be turned off and exterior turned on. Fans in bathrooms, portable air conditioners, and other like conveniences shall be turned off. Night lighting as designated by COR shall be left on.

The Contractor shall prohibit the use of keys issued by the Government by any persons other than the contract employees. The Contractor shall not duplicate any keys issued by the Government and shall immediately report to the CO any occurrences of lost or duplicated keys. In the event keys are lost or duplicated, the Contractor may be required to re-key or replace the affected lock(s) without cost to the Government. The Government may, at its option, replace the affected lock(s) or perform re-keying. Cost of such work shall be deducted from the Contractor’s payment.

TECHNICAL REQUIREMENTS

WORK HOURS AND FREQUENCY OF SERVICE:

Unless otherwise specified for periodic cleaning, basic cleaning for Main Office and Bunkhouse

Residence shall be performed per the following guidelines:

Item 1. Main Office Building Daily between the hours of 1800 and 0600, excluding Federal holidays. A weekend day may be substituted for the last weekday.

Item 2. Bunkhouse Residence (Nov. 1 – December 31)

Item 3. Bunkhouse Bathrooms Twice a week between the hours of 1500 and

1900 (April 1- September 30)

BASIC CLEANING SERVICES. The Contractor shall accomplish all cleaning tasks to meet the requirements of this Statement of Work (SOW) and the Service Delivery Summary (SDS).

1. Maintain Floors. All floors, shall be cleaned as needed, to ensure they have a uniform appearance free of dirt, debris, dust, scuff marks, heel marks, other stains and discoloration, and other foreign matter. Baseboards, corners, and wall/floor edges shall be clean of dust and cobwebs. Chairs, trash receptacles, rugs and other moveable items shall be moved to maintain floors underneath these items. All moved items shall be returned to their original and proper position. Maintenance of the floors will include approximately 1200 square feet of laminate flooring.

2. Remove Trash. All trash containers shall be emptied and returned to their initial location.

The trash shall be deposited in the nearest outside trash collection container. Trash receptacles shall be left clean, free of foreign matter, and free of odors.

3. Clean Drinking Fountains. Clean and disinfect all porcelain and polished metal surfaces, including the orifices and drain, as well as exterior surfaces of fountain.

4. Vacuum carpets, Floor Mats and Stairways. Vacuum carpeted areas, and interior and exterior floor mats. Spots shall be removed as soon as noticed. Soil and moisture underneath mats shall be removed and mats returned to their normal location. After vacuuming, the area shall be free of visible dirt, debris, litter and other foreign matter.

5. General Spot Cleaning and Dusting. Perform spot cleaning on a continual basis. This includes cleaning of major smudges, fingerprints, marks, streaks, spills, etc., from washable surfaces of all walls, partitions, vents, grillwork, doors and fixtures. Remove dust and cobwebs from ceilings, walls and window trim as needed.

6. Clean and Disinfect Restrooms. Completely clean and disinfect all surfaces of sinks, toilet bowls, urinals, lavatories, dispensers, plumbing fixtures, partitions, dispensers, doors, walls, floors, mirrors and other such surfaces, using a germicidal detergent.

7. Stock Restroom Supplies. Contractor shall ensure restrooms are stocked sufficiently so that supplies including soap for the soap dispensers do not run out. Supplies shall be stored in designated areas. No overstocking shall be allowed. If supplies run out prior to the next service date, contractor shall refill within one (1) day of notification.

PERIODIC CLEANING SERVICES.

1. Strip, Scrub, Seal, and Wax Floors. Strip, scrub, seal and wax floors as necessary (when floors are scuffed and appear dirty) to maintain a uniform glossy appearance. A non-skid wax is required. A uniform glossy appearance is free of scuffmarks, heel marks, wax build-up, and other stains and discoloration. This will be done quarterly, every three months.

2. Clean/Shampoo Carpets. All carpets shall be cleaned in accordance with standard commercial practices. Stationary furniture shall not be moved to facilitate shampooing.

Shampoo carpets once a year.

3. Clean Bunkhouse Residence. This area consists of seven (7) carpeted bedrooms, three communal bathrooms, and a residential kitchen and common area with vinyl flooring, it will be cleaned once a year when there is no one residing in the rooms. This is approximately

2,200 square feet. All floors will be cleaned and waxed. Clean and disinfect all surfaces of sinks, toilet bowls, urinals, lavatories, dispensers, plumbing fixtures, partitions, dispensers, doors, walls, mirrors and other such surfaces, using a germicidal detergent. All carpet will be thoroughly vacuumed and shampooed. Perform spot cleaning to include cleaning of major smudges, fingerprints, marks, streaks, spills, etc., from washable surfaces of all walls, partitions, vents, grillwork, doors, door guards, door handles, push bars, kick plates, light switches, temperature controls, and fixtures. Remove dust and cobwebs from ceilings, walls and window trim as needed. All trash will be removed.

4. Clean Bunkhouse Bathrooms. There are three bathrooms located in the bunkhouse (5 showers, 5 toilets, and 5 sinks), two on the main floor and one in the basement. These will be cleaned twice a week. Completely clean and disinfect all surfaces of sinks, toilet bowls, urinals, lavatories, dispensers, plumbing fixtures, partitions, dispensers, doors, walls, floors, mirrors and other such surfaces, using a germicidal detergent. All trash will be removed.

FREQUENCY OF BASIC SERVICES, Minimum Required Standards

TYPE BASIC SERVICES

Main Office

Maintain Floors. Five times weekly

Remove Trash. Five times weekly

Clean Drinking Fountains. Five times weekly

Vacuum Carpets, Floor Mats and Stairways. Five times weekly

General Spot Cleaning and Dusting. Three times weekly

Clean and Disinfect Restrooms Five times weekly

Stock Restroom Supplies As Needed

PERFORMANCE REQUIREMENTS SUMMARY

The contractor service requirements are summarized as performance objectives. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement.

Task Maximum Error Rate for

Each Payment Period

Deduction/Remedial Action

1. Cleaning 1 2% deduction from established monthly rate for the Item being serviced when standards are not met.

2. Security of building and supplies

2 2% deduction from established monthly rate for the Item being serviced when standards are not met.

3. Replenish Supplies 5 2% deduction from established monthly rate for the Item being serviced when standards are not met.

Definition of Item: Main Office Building.

For example, failure to clean the facility more than one time will result in a 2% deduction in payment. If the monthly payment for the main office is $300.00 and the maximum error rate has been exceeded, the following will be applied: $300 x .02 = $6.00. There will be a $6.00 deduction for each failure.

Biobased Product Utilization

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy

Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7

U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

All Purpose Cleaner Degreaser/Cleaner Heavy-duty Cleaner

Deodorizer Carpet Shampoo Floor Finish

Gum Remover Floor Finish Restorer Disinfectant Sanitizer

Floor Sealer Extraction Fluid Furniture Polish

Floor Stripper Glass Cleaner Neutral Cleaner (Liquid)

Grout Sealer Stain Remover Stainless Steel Polish

Laundry Detergent Toilet Bow Cleaner Bathroom Cleaner

White Board Cleaner Brass Polish/Cleaner Wood Floor Cleaner

Chrome Polish/Cleaner Liquid Hand Soap (Including Dispenser) Cream Cleaner

Air Freshener (Including Dispenser) Solvent Lime & Scale Remover

(Tub/Tile Cleaner)

Biobased products that are designated for preferred procurement under USDA’s Biopreferred

Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the

Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

http://www.biopreferred.gov/

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions—Commercial Items

(Deviation 2017-1) (AUG 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice;

and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

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(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see

52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

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(iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the

Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the

Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the

Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

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(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the

Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the

Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work

Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting

Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the

Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the

SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

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

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

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

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

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

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

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of

Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards

Publication (FIPS PUB) Number 201.

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(b) The Contractor shall account for all forms of Government-provided identification issued to the

Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a

Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

AGAR 452.204-71 Personal Identity Verification of Contractor Employees (OCT 2007)

(a) The Contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 2620-002 series.

(b) Should the results of the PIV process require the exclusion of a Contractor’s employee; the

Contracting Officer will notify the Contractor in writing.

(c) The Contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a

USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the Contractor. Contractor employees may be barred by the Government from performance of work should they be found ineligible or have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine unaccompanied physical access to a Federally-controlled facility and/or routine unaccompanied access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the COR/COTR, unless otherwise specified in this contract. The PIV Sponsor will be available to receive Contractor identity information from 0530 to 1430 Monday through Friday at 24 Fort

Missoula Road, Missoula, MT 59804. The Government will notify the Contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the

Contractor’s responsibility to meet all aspects of paragraphs (c), (d),and (e).

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates, provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days from expiration.

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within

30 days; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years 6 months.

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

Construction Contracts (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

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

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

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

7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

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

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

http://www.biopreferred.gov/

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

FAR 52.236-7 Permits and Responsibilities (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence.

The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

Contract Time

AGAR 452.211-75 Effective Period of the Contract (FEB 1988)

The effective period of this contract is from January 1, 2018 through December 31, 2021.

Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure

Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

http://www.sam.gov/ http://www.ipp.gov/

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.