a.Deschutes_NF_Portable_Toilet_Rental_&_Cleaning_Services_1204GG18Q0006_RFQ.pdf

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

Offeror to complete blocks 12, 17, 23, 24, & 30 895710 1 of 53

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

1204GG18Q0006 02/22/2018

7. FOR SOLICITATION

a. NAME b. TELEPHONE (No Collect Calls) 8. OFFER DUE DATE/

03/23/2018 INFORMATION CALL CO: RaShauna Workman

541-383-5433

@ 1200 Noon

(PST)

9. ISSUED BY (MAIL OFFERS TO) CODE 04GG 10. THIS ACQUISITION IS

UNRESTRICTED

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED.

12. DISCOUNT TERMS

USDA FOREST SERVICE X SET-ASIDE. 100% FOR SEE SCHEDULE

Deschutes National Forest Service X SMALL BUSINESS, HUBZONE SMALL BUSINESS

13a. THIS CONTRACT IS A RATED ORDER

63095 Deschutes Market Rd. 8(A)

UNDER DPAS (15 CFR 700)

Bend, OR. 97701 SOLE SOURCE 13b. RATING

NAICS: 562991

14. METHOD OF SOLICITATION

rworkman@fs.fed.us SIZE STANDARD: $7.5 M RFQ IFB RFP

15. DELIVER TO: CODE 04GG 16. ADMINISTERED BY CODE

Deschutes National Forest Service

63095 Deschutes Market Rd.

Bend, OR. 97701

Same as Block 9

17a. CONTRACTOR/OFFEROR CAGE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE IPP

DUNS #____________________________

Invoice Processing Platform https://www.ipp.gov/index.html

TELEPHONE: TIN: 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER IS CHECKED: SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Deschutes NF (Bend Fort Rock Ranger District) – Portable Toilet Rental & Cleaning Services

Deschutes National Forest

SERVICES FROM: 04/01/18 – 03/31/19, Base Year –

Alfalfa Curves, Four Corners, Corrals, Millican ODOT

Pit, Ground Hog Play Area

12 Mo $ $

SERVICES FROM: 04/01/19 – 03/31/20, Option Year 1

Alfalfa Curves, Four Corners, Corrals, Millican ODOT

Pit, Ground Hog Play Area

12 Mo $ $

SERVICES FROM: 04/01/19 – 03/31/20, Option Year 2

Alfalfa Curves, Four Corners, Corrals, Millican ODOT

Pit, Ground Hog Play Area

12 Mo $ $

SERVICES FROM: 04/01/19 – 03/31/20, Option Year 3

Alfalfa Curves, Four Corners, Corrals, Millican ODOT

Pit, Ground Hog Play Area

12 Mo $ $

SERVICES FROM: 04/01/19 – 03/31/20, Option Year4

Alfalfa Curves, Four Corners, Corrals, Millican ODOT

Pit, Ground Hog Play Area

12 Mo $ $

Total Price of All Items $

** Pricing shall include rental, delivery & set-up, weekly cleaning service, pumping, mileage, and demob for all units at all locations.

VENDOR EMAIL:__________________________

This is an option year contract. Initial award will be made for line Item 1 (Base Year).

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 and ADDENDA ARE ARE NOT ATTACHED.

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

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ORIGINAL TO ISSUING OFFICE.

CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN.

29.

AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED

(BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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 31c. DATE SIGNED

RaShauna Workman

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 4/2002) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR (48 CFR) 53.212

Deschutes NF – Portable Toilet Rental & Cleaning Services

Deschutes National Forest

Solicitation No. 1204GG18Q0006

19. ITEM NO 20. SCHEDULE OF SUPPLIES/SERVICES 21. QTY 22. UNIT 23. UNIT PRICE 24. AMOUNT 32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________

32b. SIGNATURE OF AUTHORIZED GOVT.

REPRESENTATIVE

32c. DATE 32.d PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32.e MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32.f TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32.g E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

COMPLETE PARTIAL FINAL

PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 4/2002) BACK

1. PERFORMANCE OF WORK STATEMENT

This contract is set forth to provide (6) Portable Toilets and Cleaning Services in accordance with the specifications and best commercial practices in a manner that will maintain a satisfactory condition and present a clean, neat and professional appearance. The Contractor shall furnish all labor, transportation, supervision, equipment, operating and cleaning supplies, and incidentals necessary to pump, wash down, clean, restock, disinfect, and dispose of all waste products that are removed from the portable toilets and shall be in accordance with the County, State, Local, and Federal Regulations.

2. PROJECT LOCATION

All work within this contract will be located on the Bend Fort Rock Ranger District of the Deschutes

National Forest. (See attached Vicinity Map).

DESCHUTES NF – PORTABLE TOILET RENTAL & CLEANING SERVICES

Location Name Type Location/Access

Approximate

Distance from Bend, OR.

# of Portable

Toilets

Corrals Staging Area

Off Geo. (George) Millican

Hwy. 24 Miles 1

Alfalfa Curves Staging Area

Near Alfalfa Market Rd. &

Reservoir Rd. Jct. 20 Miles 1

Four Corners Staging Area

At Geo. (George) Millican

Hwy. & Reservoir Rd. Jct. 22 Miles 1

Millican ODOT

Pit Staging Area Off Hwy 20 26 Miles 2

Ground Hog Play

Area Staging Area Off FSR 2510 35 Miles 1

3. TECHNICAL SPECIFICATIONS

Contractor shall provide the following:

A. (6) Portable Toilets: Shall be delivered and set-up at the requested Staging Areas/locations

(Corrals, Alfalfa Curves, Four Corners, ODOT Pit, and Ground Hog Play Area) shown on the attached Vicinity Map and referenced above.

B. Cleaning Services: Clean and sanitize inside and around all portable toilets and restock all portable toilets with toilet paper and hand sanitizer on a weekly basis.

Toilet paper is to be locked to prevent theft.

Service Records are to be displayed in a visible location on each portable toilet.

C. Pumping Services: All portable toilets shall be pumped on an as needed basis.

D. Contractor Furnished Materials: Contractor shall provide and furnish all labor, materials, chemicals, equipment, supervision, technical expertise, and incidentals to fully accomplish the requested services while complying with all State, County, Local, and Federal regulations.

E. Offsite Disposal of Sewage and Debris: Contractor shall be properly licensed by the State of

Oregon and shall be responsible for making disposal arrangements, including the disposal of all effluent, debris, trash, and payments of all fees. Disposal shall conform to all Federal, State, and local laws and ordinances. Contractor shall be responsible to prevent spillage and to haul all waste material (sewage and debris) in watertight containers. Handling all waste material shall be in accordance with all applicable health regulations.

4. CONDUCT OF PERSONNEL

Contractor and his/her employee(s) shall make every reasonable effort to prevent interference with the normal use and occupancy of recreational areas while engaged in the performance of this contract. Due to the nature of duties under this contract, the Contractor and his/her employee(s) shall keep themselves and equipment presentable at all times. The Contracting Officer may, in writing, require the Contractor to remove from the work site any employee(s) the Contracting Officer deems incompetent, careless, and/or discourteous to the public, is otherwise objectionable, or for theft, possession and/or removal of materials, supplies, equipment, or any Government-owned property.

5. BIOBASED PRODUCTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002

(FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and

Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) 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 conforms 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 (CO).

All custodian cleaning products required in the performance of this SOW shall be biobased and meet as a minimum, Green Seal Product Standards (http://www.greenseal.org). Biobased products that are designated for preferred procurement under USDA’s Bio Preferred program must meet the required minimum biobased content standards as listed below:

Adhesive and Mastic Removers (BP) 58% - Minimum Biobased Content

Graffiti and Grease Removers (BP) 34% - Minimum Biobased Content

Hand Cleaners and Sanitizers – Hand 64% - Minimum Biobased Content

Cleaners (BP)

Hand Cleaners and Sanitizers – Hand 73% - Minimum Biobased Content

Cleaners (BP)

Sorbents (BP) 89% - Minimum Biobased Content

Carpet and Upholstery Cleaners - 54% - Minimum Biobased Content

General Purpose (BP)

Carpet and Upholstery Cleaners - 7% - Minimum Biobased Content

Spot Removers (BP)

Glass Cleaners (BP) 49% - Minimum Biobased Content

Bathroom Cleaners (BP) 74% - Minimum Biobased Content

Floor Strippers (BP) 78% - Minimum Biobased Content

Dust Suppressants (BP) 85% - Minimum Biobased Content

NOTE: The Contractor must submit to the COR a list of product(s) to be utilized in the performance of its work. The Contractor shall not use any materials, chemicals, or compounds that the COR determines to be unsuitable to perform the required work. The Contractor shall utilize products and materials made http://www.greenseal.org/ from biobased materials. All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable, include the exclusive use of biobased products. The Contractor shall utilize the greatest number of biobased products available that meet the applicable health and environment specifications.

The following is a list of categories for products that may be required for performance of custodial duties. Each product submitted for use under this contract must be identified with at least one of these categories (some products may be listed under more than one category). Labeling shall be printed on all containers. Contractor is required to furnish MSDS sheets on all products used to perform these services.

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

Spot and stain remover Lime and scale remover (tub & tile cleaner)

Air freshener including dispenser Liquid hand soap including dispenser

Bathroom cleaner Stainless steel polish

Brass polish/cleaner Toilet bowl cleaner

Chrome polish/cleaner Whiteboard cleaner

Cream cleaner Wood floor cleaner

Solvent spotter Laundry detergent

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased

Products under Service and Construction Contracts.

For more information regarding the Department of Agriculture Bio-based Affirmative Procurement

Program got to http://www.usda.gov/procurement /biobased/APP.pdf.

Information on products may be obtained from http://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

6. BIO-PREFERRED PERFORMANCE REQUIREMENTS

Required Service - Ensure the mandatory purchasing of bio-based products.

Task - ALL

Performance Indicator – Quantitative Factor

Performance Standard - Contractor compliance with FSIRA, EO 13423, and FAR

Surveillance Methodology – 100% Inspection

AQL – 100%

Deduction – 2% deduction off the monthly invoice for failure to comply with bio-based product use.

More than 2 deductions during the year will result in a 3% decrease on all future invoices for Non

Compliance of bio-based product use. This could ultimately lead to a Termination for Default for Non

Compliance with the contract requirements and will reflect on the Contractor’s Performance Evaluation.

http://www.usda.gov/procurement%20/biobased/APP.pdf http://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

7. CONTRACTOR - FURNISHED PROPERTY, MATERIALS, AND SERVICES

Contractor shall provide all labor, supervision, transportation, equipment, supplies (except those provided by the Government), and incidentals necessary to perform the described work. The Contractor shall at all times provide adequate supervision of employees ensuring all work is accomplished in accordance with the terms and conditions of the contract.

Equipment – Contractor shall furnish all toilet pumping equipment, tank truck, tools, disinfectant

(green bio-preferred product), and all other necessary equipment. All equipment shall be in full accordance with all Federal, State, County, or local regulations and will periodically be inspected by the Government, before work begins to insure waste is not being transported from outside sources and disposed of at a Government facility.

All disinfecting solutions shall be approved by the Government prior to use.

Item

No.

Supply Description Qty Date Available

1 Toilet Paper: 2-ply TBD As Needed

2 Hand Sanitizer TBD As Needed

All Necessary Cleaning Chemicals & Materials, and

Toilet Pumping Equipment Needed To Meet The Scope

Of Work

TBD As Needed

All supplies listed above are for use in the performance of this contract.

These supplies and materials shall be of a quality and type customarily utilized by other Contractors engaged in the profession of providing cleaning services.

The Contractor shall furnish all necessary cleaning equipment including: those items referenced above. If available, equipment utilized under this contract shall be Energy Star qualified or meet the Department of

Energy’s Federal Energy Management Program (FEMP) Energy-Efficient product requirements.

The Contractor is responsible for maintaining all equipment in good working order, in accordance with manufacturer recommendations.

If any Contractor equipment becomes inoperable of defective it shall be brought to the attention of the

COR within 24 hours of knowledge by the Contractor, and repaired or replaced at the Contractor’s expense within prior to weekly cleaning. If requested services are unable to be rendered within 24 hours of equipment brake down, the need for services will be evaluated to determine an invoice reduction in the amount of a 1% to 3% (percent) after assessing the severity of the services needing to be performed.

Contractor shall receive notification of any deductions that shall be made.

The Contractor shall provide protective gloves, safety glasses, and any other safety equipment needed to execute the contract to all employees.

8. ACCEPTABILITY QUALITY LEVELS

The Contractor shall perform quality control and as part of that, shall inspect periodically as work progresses or as work is completed to determine acceptability of method and manner of performance, the product of the maintenance operations and to make measurements for payments.

When unacceptable performance is observed, the Contractor will be notified in writing. Failure to correct unsatisfactory performance or continued failure to perform satisfactorily may be grounds for termination of the Contractor’s right to proceed, with work under contract.

9. CONTRACTOR QUALITY CONTROL SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the Contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

The Contractor shall provide a job-specific Quality Control Plan at the Post-Award Conference.

10. GOVERNMENT QUALITY ASSURANCE SURVEILLANC PLAN

Government inspections and tests are for the sole benefit of the Government and does not relieve the

Contractor of the responsibility for providing adequate quality control measures; constitute or imply acceptance; or affect the continuing rights of the Government after acceptance of the completed work.

Quality Assurance Surveillance Plan consists of two parts:

1. Visual inspections for compliance with included Performance Standards and other contract requirements. The Government will perform random visual inspections the within 1 to 2 days after services are rendered. Inspections will be documented in a written inspection report or daily diary.

2. Satisfaction with Contractor performance: CO shall investigate validity of complaints regarding

Contractor performance under this contract. Complaints - valid or not - will be documented in a written inspection report or daily diary.

When sub-standard performance is observed or valid complaints received, the Contractor and/or

Contractor’s Designated Representative shall be notified in writing through the issuance of Notice of

Non-Compliance.

The contractor shall correct unsatisfactory performance within the next cleaning cycle at no cost to the government. Continued failure to perform satisfactorily by the Contractor may cause a termination for default of the Contractor’s right to proceed.

More than three (3) customer complaints or incomplete cleanings, verified by the CO as valid, per calendar month will equal in a 1% deduction of Contractors monthly payment. Rework of unacceptable work will be permitted if the schedule allows. If the unacceptable work is not reworked and accepted, a

5% deduction in payment will be assessed and additional more stringent inspections will be performed. If a weekly cleaning is missed, an 8% deduction will be made for that month. Full payment will be made for acceptable work.

11. CONTRACTOR RESPONSIBILITIES

The Contractor shall:

1. Be responsible to make the management and operations decisions to meet the quality standards required under this contract.

2. Use innovation, technology and other means and methods to develop and perform the most efficient cleaning services.

3. Implement an effective Quality Control Plan (QCP).

4. Reduce the environmental impacts of work performed under this contract by using, to the maximum extent, environmentally sound practices, processes, and products.

Designated on-site representative or Supervisor(s): Contractor, or designee, shall be available and onsite at all times when the contract work is in progress. Contractor shall designate the on-site representative in writing.

Communication: The Contractor shall furnish the Contracting Officer with contact information for land line, cell phone, and email if available.

12. CONTRACTOR SUBMITTALS

(a) MSDS Sheets – Contractor shall provide MSDS sheets to COR prior to product use of all materials used or stored in Government Offices.

(b) Cleaning Product Information – Contractor shall provide manufacturer’s or supplier’s information describing the contents and recommended uses for each cleaning product used.

(c) Personnel – Provide and keep a current written list of the names of all Contractor’s employees performing duties under this contract

(d) Quality Assurance/Quality Control Plan – A plan put in writing to explain how the Contractor will:

organize, plan, implement, and perform the duties to fulfill the Scope of Work and an organizations procedures to specify how they will meet the desired results of this contract.

(e) Safety Plan – A personalized, practical plan that includes ways of staying safe while performing project work under this contract.

(f) Technical Capability Statement -

13. SAFETY

Inherently hazardous conditions that could lead to serious injury or loss of life may be present for the contractor in portions of work. These may include use of chemicals, pesticides, or physical activities.

Contractor shall be familiar with all OSHA requirements for these types of work. When inherently hazardous conditions exist, the contractor shall provide a written, job-specific safety plan for information and discussion at the pre-work meeting.

Contractor is not expected to perform pesticide applications requiring state certification or licensing.

Contractor is responsible for awareness of and compliance with all safety requirements of cleaning products. See requirements for Contractor supplied information for cleaning products to be used in this contract.

Contractor shall provide information, or a plan to reduce safety hazards and the costs of litigation. All inherently hazardous conditions shall be documented and Contractor shall provide a job-specific Job

Hazard Analysis (JHA) for Forest Service employees involved. This will help identify hazards involved in the job.

Prevention of Slips and Fall’s

- To help prevent accidents, the Contractor shall post wet floor areas with signs or barricade areas to restrict access.

- The Contractor shall post signs whenever mopping, stripping, or finishing floors.

- Pay particular attention on stormy days to building entrances, stairways, hallways and restrooms.

Safe Use of Cleaning Materials and Other Chemicals

Maintenance and custodial work requires the use of several cleaning materials. Some of these can be dangerous if used improperly. The Contractor shall implement the following procedures at a minimum:

- Keep materials labeled.

- Follow the directions for use. Be sure the chemical is properly diluted.

- Wear protective garments such as rubber gloves or goggles if necessary or required.

- Provide adequate ventilation to prevent the buildup of fumes or gases.

- If an individual is exposed to a chemical, get prompt attention; and, if necessary, get medical help. Check the Material Safety Data Sheet (MSDS) for the material and/or the label on the container.

- Do not use unknown chemicals. Find out what it is or dispose of it safely.

Electrical Hazards

Electrically-powered equipment can be dangerous if used improperly. Use of electrical equipment on a wet floor or under wet conditions can be very dangerous. The Contractor shall follow these procedures at a minimum:

- Do not use equipment with a spliced cord or with cut or exposed wires, broken wires, a short, or a damaged ground.

- Report damaged equipment, any equipment that gives a shock, or grounds that have been tampered with to your supervisor.

- Ground all equipment before use.

Fire Safety and Prevention

Always be alert to recognize potential fire hazards. If smoke or fire is discovered:

- Immediately evacuate the area of the fire.

- Evacuate the building.

- Sound the alarm if possible.

- Call the fire department, then your supervisor and the Government (COR).

In addition, Contractors shall submit a safety plan to the Contracting Officer, in compliance with the

Occupational Safety and Health Administration (OSHA). A job-specific safety plan shall be submitted prior to start work or at the post-award conference.

14. PERSONAL PROTECTIVE EQUIPMENT

The contractor will provide training in the safe operation and use of equipment to all workers using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

Defective or damaged personal protective equipment shall not be used.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support.

The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard

Z87.1-2003.

The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise, if necessary.

15. CPARS

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

All Contractors shall ensure that they are registered with the Contractor Performance Assessment

Reporting System within 30 days of contract award. System information can be found at:

https://cpars.csd.disa.mil/cpars/app/home.do https://cpars.csd.disa.mil/cpars/app/home.do

16. MEASUREMENT AND PAYMENT

Payment will be made monthly in arrears for portable toilet services satisfactorily provided. Payment may be withheld, at the Government’s discretion, until all performance standards have been met.

17. INVOICE PROCESSING PLATFORM (IPP)

The “Submit Invoice-to” address for USDA orders is the Department of Treasury’s Invoice Processing

Platform (IPP). The Contractor must follow the instructions on how to register and submit invoices via

IPP as prescribed in the previous communications from USDA and Treasure. All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S.

Department of Treasury and additional information is available at this website:

https://www.ipp.gov/index.htm.

Vendors register at: https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account.

18. AGAR 452.204-71 INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the

Contracting Officer or the Contracting Officer Representative (COR). Offerors should contact the

Contracting Officer or the Contracting Officer Representative (COR) listed on page 1 of the solicitation, about any aspect of this requirement prior to contract award.

19. FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract 5 days after the date the

Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than March 31st, 2019 for the Base Year. The time stated for completion shall include final cleanup of the premises.

NOTE: Estimated start work date and contract time is as follows:

ITEM NO. ESTIMATED START WORK

DATE

CONTRACT TIME

(Calendar Days)

Base Year April 1, 2018 Through March 31, 2019

Option Year 1 April 1, 2019 Through March 31, 2020

Option Year 2 April 1, 2020 Through March 31, 2021

Option Year 3 April 1, 2021 Through March 31, 2022

Option Year 4 April 1, 2022 Through March 31, 2023

20. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

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

60 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 October 1st, 2023; unless mutually accepted by both Contractor and Contracting

Officer.

21. FAR 52.217-4 EVALUATION OF OPTIONS (JULY 1990)

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, 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).

22. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (JAN

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 Government wide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR

52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct

EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds

Transfer— System for Award Management, or 52.232-34, Payment by Electronic

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and

Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

(i) Payment.

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

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

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

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

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

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

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

33.211 if—

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

Contractor;

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

or

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

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

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

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

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

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

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

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) 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 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 of the FAR;

(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.

(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 FAR 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 Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

Government authorized end user to such clause.

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

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

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

(End of Clause)

Alternate I (Jan 2017) When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The

Government will perform inspections and tests in a manner that will not unduly delay the work.

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

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

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or https://www.acquisition.gov/ materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit.

Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)

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

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

(B) Terminate this contract for cause.

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

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the

Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to--

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

(ii) The conduct of one or more of the Contractor’s employees selected or retained…