Sol_12034319Q0217_Flathead_Road_Blading.pdf
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- Road Blading for the Flathead National Forest Federal contract opportunity
- Solicitation number
- 12034319Q0217
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Schedule of Items, Statement of Work, Terms, Conditions and Provisions Complete page 2 and 3 and return with quote
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Service__Contract_Act_Wage_Determination.pdf | ||
| Quality_Assurance_Plan.pdf | ||
| FS6300-8NoticeToProceed_Work_Order.doc | DOC document | |
| Experience_Questionaire.docx | DOCX document |
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Flathead National Forest Road Blading Request for Quote (RFQ) Solicitation No. 12034319Q0217
Quotes are being solicited to provide Road Blading Serviced for Forest Service Roads on the Flathead
National Forest.
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in
Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
Solicitation number 12034319Q0163, issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAR FAC
2019-01.
This acquisition is set aside 100% for Small Business and the associated NAICS code is 238990 All Other Specialty
Trade Contractors, with the corresponding Small Business size standard $15 million. Vendor must have an active
SAM.GOV registration and qualify as a Small Business Administration size standard for this NAICS to be awarded this contract.
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P296_49373
SCHEDULE OF ITEMS
Flathead National Forest
Road Blading
( Base Year) (Sept. 1 – August. 31, 2020)
Item No. Description Pay Unit
Unit Price Amount
1.1 Double Lane Mile $___________ $__________
1.2 Single Lane Mile $___________ $__________
1.3 Road Compaction Mile $___________ $___________
1.4 Mobilization Ea $
TOTAL $___________
(Option Year 1) (September 1, 2020– August 31, 2021)
Unit
Unit Price Amount
1.1 Double Lane Mile $___________ $__________
1.2 Single Lane Mile $___________ $__________
1.3 Road Compaction Mile $___________ $___________
(Option Year 2) (September 1 2021– August 31, 2022)
Unit
Unit Price Amount
1.1 Double Lane Mile $___________ $__________
1.2 Single Lane Mile $___________ $__________
1.3 Road Compaction Mile $___________ $___________
VENDOR NAME _________________________________
VENDOR CONTACT NAME (must be owner or authorize representative)
PHONE: _______________________________________
EMAIL: ________________________________________
DUNS NUMBER: ________________________________
CURRENT SAM.GOV REGISTRATION: YES NO (circle response)
RESPONSE DUE DATE AND PLACE:
Quotes are due by August 21, 2019 at 4:00 p.m. (Mountain Standard Time). Only quotes received by email will be accepted. Quotes shall be emailed to tina.cook@usda.gov. For information regarding this solicitation or for verifying receipt of your quote please call or text Tina Cook at (406) 544-5807. Please verify receipt of your quote.
The following must be included to be considered complete and, therefore evaluated for award:
1. Schedule of Items including company information and DUNS number (page 2 and 3 of this solicitation).
To be considered for award, contractors must have a current registration in the
SAM.GOV database, quote on all items for all periods of performance (Base plus two option years).
To simplify invoicing, please round your quotes to the nearest dollar.
The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
2. Proof of active Small; Business sam.gov registration or verifiable with DUNS provided.
3. Completed Experience Questionnaire.
BASIS OF AWARD
One offer of award will be made to the quoter whose quote, as determined by the Contracting Officer, provides the best value to the Government, considering but not limited to such factors as price, ability to meet the terms of the contract, and past performance in accordance with FAR 13.106-2. The Experience
Questionnaire will become part of the evaluation. See attachment: Experience Questionnaire.
The System for Award Management (SAM), a Federal Government owned and operated free web site that consolidates the capabilities in CCR/FedReg, ORCA, and EPLS. Contractors are required to be actively registered in System for Automated Processes (SAM) via https://www.acquisition.gov. For questions concerning registrations, certifications, or assistance with preparing offers, contact the
Procurement Technical Assistance (PTAC) and use this website to locate your PTAC assistance office http://www.montanaptac.org/. Ensure NAICS 115210 is entered into SAM profile.
It is anticipated that this solicitation will result in 1 contract award.
INVOICING REQUIREMENTS
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.
mailto:tina.cook@usda.gov https://www.acquisition.gov/ http://www.ipp.gov/
SPECIFICATIONS/WORK STATEMENT
Scope of Contract
The Contractor shall furnish everything necessary, including but not limited to all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform road blading on the Flathead National Forest. Road blading includes blading and shaping, maintaining drainage facilities, removal of sloughs and slides, and providing for signing and public safety in compliance with these terms, specifications, and provisions.
This work is being solicited as a performance-based service contract. Performance based means the Contractor is responsible for an end product.
Location and Description
The work is located on the Flathead National Forest. Information regarding the work are provided with each work order. The Contractor will be provided with a georeferenced map for use with GPS showing roads where work items are located. Avenza and other similar GPS software is typically used with smartphones or electronic tablets. The Avenza APP can be downloaded at www.avenza.com.
Work Orders
Work will be requested on a Call-When-Needed basis, with a total not to exceed the dollar amount awarded for the performance year.
Work requests will be issued on a Work Order Form (see attached) and emailed to the contractor by the Contracting Officer Representative (COR). The Contractor shall begin road blading within 7 working days upon receiving work order from COR.
Existing Facilities
In addition to the requirements of the Use of Premises Clause, all existing facilities such as signs, cattle guards, culverts, riprap protecting culvert inverts or fill slopes, and drainage structures damaged by the Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government.
Pollution and Erosion Control
(a) During all operations under this contract, the Contractor shall exercise reasonable measures to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor’s operations, including camps, parking areas, and equipment maintenance areas, shall be stored and collected in a sanitary manner and disposed of in a State-approved sanitary landfill or as approved by the Contracting Officer.
(b) Equipment shall be fueled away from perennial and intermittent streams, scoured channels, or any other live water source. Proper procedures shall be used when fueling to prevent overflow, leakage, or spills from fueling equipment.
http://www.avenza.com/
Barricades, Warning Signs, and Other Devices
The Contractor shall exercise due caution and care when operating to prevent undue conflict with public users of the roads.
The area being bladed at any one time shall not exceed a distance of 2 miles unless the distance between turnarounds for the grader are not available.
The Contractor shall operate all equipment with driving/operating lights and warning flashers or strobe on at all times to increase visibility.
The Contractor shall post warning signs with 12” x 12” flags on both ends of the sections being worked (grader and roller) to warn the road users of the work in progress. Signs shall be of size, number, and colors required in Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes. Each sign shall have at least two flags. Signs shall be located in advance of the operating area and shall be moved, as needed. If a berm is left in the roadway overnight or weekends due to weather conditions or breakdowns, it shall be properly signed as a hazard and visibly illuminated at night.
Weed-Free Equipment
In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.
The equipment shall be washed with a pressure washer that is capable of producing enough water force to thoroughly remove all organic and mineral debris, including excess grease, from the machine. The Contractor shall request inspection of the equipment by the Contracting Officer and shall obtain the written approval of the CO prior moving the equipment to the jobsite (spring and fall). If the equipment is removed from the jobsite, the equipment shall be re-washed and re-inspected. This is considered incidental to the equipment rental sub-item and no separate payment will be made.
Equipment Specifications
The equipment to be used for blading shall be a diesel, tandem drive motor patrol, of at least 125HP and a 14’ moldboard. The motor patrol shall be equipped with flashers or warning strobe light and a reflectorized “Slow Moving” vehicle emblem.
Work Items Descriptions, Performance Standards, Measurement Methods, and Payment
1.1 Road Grading Double Lane – work consist of grading road shoulder to shoulder with no back slopes undercut. Roadway shall be free of all berms unless directed by the Contractors Officers Representative (COR). Road Sections with ditch shall be crowned (4% from centerline). Sections without ditch shall be insloped or outsloped (2% to 4%). No surfacing or road material shall be side casted (exceptions include large boulders). Ruts shall be cut out to the bottom of the defect. Drain dips shall be cleaned and reshaped if necessary. All ditches shall be free of obstructions and functioning properly. Road Grading includes the cleaning of existing drainage facilities and the disposal of excess materials. The drainage includes roadside drainage ditches, drainage dips, lead-out ditches, open tops, and other erosion control facilities.
Quality Standard The following performance standards will be used to evaluate finished work.
The road surface shall be free of rock 4 inches or greater in diameter. The road ditches and lead-out ditches will be clean and functioning properly, with no obstructions to impede the flow of water.
No berms will be left on either side of the road unless otherwise directed and no surfacing material will have been wasted.
The ruts and potholes will have been cut out and existing drain dips will have been cleaned and re-shaped if necessary.
Measurement Measurement shall be made of actual work, acceptably completed to the nearest .01 mile.
Payment The accepted quantities will be paid at the contract price per unit of measurement shown on the schedule.
1.2 Road Grading Single Lane Road- work consist of grading road shoulder to shoulder with no back slopes undercut. Roadway shall be free of all berms unless directed by the Contractors Officers Representative (COR). Road Sections with ditch shall be crowned (4% from centerline). Sections without ditch shall be in sloped or outsloped (2% to 4%). No surfacing or road material shall be sidecasted (exceptions include large boulders). Ruts shall be cut out to the bottom of the defect.
Drain dips shall be cleaned and reshaped if necessary. All ditches shall be free of obstructions and functioning properly. Road Grading includes the cleaning of existing drainage facilities and the disposal of excess materials. The drainage includes roadside drainage ditches, drainage dips, lead-out ditches, open tops, and other erosion control facilities.
Quality Standard The following performance standards will be used to evaluate finished work.
The road surface shall be free of rock 4 inches or greater in diameter. The road ditches and lead-out ditches will be clean and functioning properly, with no obstructions to impede the flow of water.
No berms will be left on either side of the road unless otherwise directed and no surfacing material will have been wasted.
The ruts and potholes will have been cut out and existing drain dips will have been cleaned and re-shaped if necessary.
the schedule.
1.3 Road Compaction work consists of compacting graded road, shoulder to shoulder. Road shall be compacted to uniform density that does not deform or rut under passenger vehicle traffic.
the work order.
1.4 Mobilization work consists of moving all equipment necessary to complete work specified in work order.
Measurement shall be made of actual work.
the work order. Each work order will have one unit of mobilization paid for each ranger district where work is ordered.
Additional Inspection and Acceptance Requirements
(a) Inspection Procedure. The Government will inspect completed sections of road within 2 work days following Contractor’s notification of completion of the maintenance work.
(1) Unacceptable work shall be redone at the Contractor’s expense.
Loss, Damage, or Destruction
(a) Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.
All claims arising under this clause will be submitted to the Contracting Officer.
Landscape Preservation
(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.
(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.). Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.
Mechanized equipment shall not be operated in live streams without prior written approval by the Contracting Officer.
Permits and Responsibilities
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 Period
The contract period of this contract is from the date of contract award through the last option period exercised by the Government as defined here (See Clauses FAR 52.217-8 and FAR 52.217-9):
Contract Year Start of Contract/Option Date Last Day of the Contract Period
2019 Sept 1, 2019 February 28,,2023
The Contractor shall maintain progress at a rate which will assure completion of work within the calendar time specified.
Service Contract Act
This contract is subject to the Service Contract Act of 1965.
(Please see attached Wage Determination)
Wage Determination No.: Wage Determination No.: 2015-5393 Revision No.: 7 Date Of Last Revision:
12/26/2018
Performance Based Service Contract
This is a performance based, commercial service contract. Performance based means the Contractor is responsible for an end product. If an end product is not provided, an adjustment to the payment will be made. A commercial item contract streamlines the terms and conditions to resemble those already used in the everyday marketplace.
Quality Control and Quality Assurance
The Contractor is responsible for management and quality control actions to meet the terms of this contract. The Contractor shall develop a complete Site Specific Quality Control Plan (QCP) to ensure the requirements of this contract are provided for as specified. The goal of the QCP should be to identify and correct any problems that may arise before they are identified by the CO or his/her representative
COR. The role of the Government is quality assurance to ensure contract standards are met.
Records of quality 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 quality control plan shall include security procedures for any Government-provided items such as keys or lock combinations, location of the documented inspections, and corrective or preventive actions taken for unsatisfactory performance.
Quality Assurance
Road Blading Services –
1. Quality Assurance (QA) describes methods that will be used to monitor the Contractor’s performance. The QA is part of the Contract. It is provided to the Contractor and is subject to change by the Government during the life of the contract. The Government reserves the right to perform assessments more or less often than outlined in this QASP.
2. Quality Assurance establishes methods to assess or evaluate performance of the Contractor under the contract. It is designed to provide an effective method of monitoring. The Government is concerned with the quality of the services provided, and not with the method that the Contractor uses to provide the services.
3. Responsibility for Quality Control: The Contractor is responsible for quality control and management actions to meet the performance requirements and terms of the Contract.
The Government performs quality assurance to assess the quality of services rendered, and to verify the services meet the contract requirements, and contract standards are achieved.
Quality Control for Commercial Items is in accordance with accepted industry practices.
4. Surveillance Methods: The Government will evaluate the Contractor’s performance under this contract. Examples of Government surveillance may include:
a. Government Inspection of deliverables
b. Timely submission of deliverables.
5. 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, to request re-performance, and to effectively prevent any recurrence of substandard performance.
Records of quality 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.
Quality Assurance Plan (QASP)
(See attached QASP)
Payment and Invoicing
Work will be performed, and invoiced per order in arrears. The awarded contract value will be expressed as an amount not to be exceeded per performance period (base, and option years).
Upon award of a contract, Contractors must enroll at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.
Payments will be made for services which have been satisfactorily provided during invoice period.
Invoices will be submitted for payment through the Invoice Processing Platform (IPP) www.ipp.gov.
Invoice will be reviewed and approved or rejected by the COR within 7 days of receipt of the invoice.
Rejected invoices must be corrected and resubmitted. IPP will advance the approved invoice to the
Contracting Officer for payment processing.
Government-Furnished Property
There is no government property provided for this contract.
Damage to Government Buildings and Equipment
Building finishes and equipment soiled or damaged due to the Contractor's operations shall be cleaned, repaired, replaced or restored to a condition not less than that existing immediately prior to the damage.
Contractor Furnished Property and Responsibilities
The Government will not be responsible for damage sustained by the Contractor’s equipment or the
Contractor’s employees’ personal belongings brought, or stored, on the Government premises during the performance of this contract.
https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm http://www.ipp.gov/
Contract Management
The Contractor shall provide a contract manager responsible for oversight of work. This individual shall be available to meet with the CO/COR during normal working hours. The name of this person, and any alternate, shall be designated in writing to the CO 5 days after the notice to proceed is issued.
Contract Period and Exercising Options
The contract period shall extend for 12 months. However, at the option of the Government, the contract option may be exercised for additional one-year periods, not to exceed two option period, with the same terms and conditions. The Government will notify the Contractor of its intent to exercise the option not less than thirty (30) calendar days prior to the expiration of the current contract period. The government may add additional time up to, but not to exceed six (6) months at the end of the contracting period (see Clause FAR Part 52.217-8)
Prework Conference A post award pre-work meeting may be scheduled with the successful offeror/contractor to review contract requirements. This meeting will be scheduled at the earliest available time of the Contracting
Officer and the Contracting Officer’s Representative.
CONTRACT CLAUSES
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. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/
52.204-13 System for Award Management Maintenance (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
52.212-4 Contract Terms and Conditions—Commercial Items. (OCT 2018)
Clauses incorporated in Full Text:
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—
Commercial Items. (JAN 2019)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
http://farsite.hill.af.mil/
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-
78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with
Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009).
__X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct
2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section
743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(Oct 2018) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.
657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and
(3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Aug 2018) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov
2011) (15 U.S.C. 657f).
_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small
Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15
U.S.C. 637(m)).
_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.
13126).
_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
_X__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
___ (ii) Alternate I (July 2014) of 52.222-36.
___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)
(22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated
Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and
Air Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s
13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and
13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct
2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug
2011) (E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
_X_ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41
U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
_X__ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year
2008; 10 U.S.C. 2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov
2007) (42 U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
4505), 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10
U.S.C. 2307(f)).
_X__ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management
(Oct 2018) (31 U.S.C. 3332).
___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).
___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)
(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
___ (iii) Alternate II (Feb 2006) of 52.247-64.
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.
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 30 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 30 months.
AGAR 452.211-74 Period of Performance (FEB 1988)
The period of performance of this contract is from September 1, 2019 to February 28, 2023.
SOLICITATION PROVISIONS
FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Federal Acquisition Regulations -http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER 1)
52.212-1 Instructions to Offerors—Commercial Items (OCT 2018)
52.204-7 System for Award Management (OCT 2018)
Solicitation Provisions in Full Text
52.212-3 -- Offeror Representations and Certifications -- Commercial Items.(OCT 2018)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United
States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html https://www.sam.gov/
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the
Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).
Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the
International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United
States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding
$750,000 after taking into account the applicable exclusions set forth at 13 CFR
124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term
“successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with
13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph
(b)(2) of this provision do not automatically change the representations and certifications in
SAM.
(2) The offeror has completed the annual representations and certifications electronically in
SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] http://www.sam.gov/
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part
127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each
WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB
Program and other small businesses that are participating in the joint venture:
_________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in
(c)(6) of this provision.] The offeror represents that—
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part
127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each
EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns…
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