12444221Q0042_Solicitation for Davy Crockett Ranger District.pdf
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- Attached to
- Davy Crockett Ranger District Cut Tree and Leave Marking Federal contract opportunity
- Solicitation number
- 12444221Q0042
- Issued by
- Department of Agriculture Forest Service
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| Wage Determination 1977-1427.txt | TXT text file | |
| 4C South C92_Proposed_Schedule_of_Items.docx | DOCX document |
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
ATLANTA GA 30309-2449
STE 876S
1720 PEACHTREE ST NW
USDA-FS CSA EAST 4
7DE1 CODE 16. ADMINISTERED BYCODE
X
X
X
115310
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR7J18
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
08/05/2021 1300 CT
07/22/2021
479-964-7220JACQUELINE ROBINSON
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
12444221Q0042
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 36 1039071OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
RATCLIFF TX 75858
FM 227 OFF STATE HIGHWAY 7
DAVY CROCKETT NATIONAL FOREST
USDA FOREST SERVICE
15. DELIVER TO
RUSSELLVILLE AR 72801
605 W MAIN
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$12.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
OZARK-ST FRANCIS NATIONAL FORESTS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Delivery: 100 Days After Award Period of Performance: 09/01/2021 to 12/10/2021
0001 The purpose of the proposed contract is to provide timber marking services to the Davy Crockett Ranger District. Timber marking will include leave tree marking and cut tree marking with sample tree cruising for approximately 1295 acres.
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
JACQUELINE ROBINSON
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
2 2 of
National Forest and Grasslands in Texas 12444221Q0042 Davy Crockett Cut Tree Leave Tree Marking
3 3
IMPORTANT NOTICE TO OFFERORS
This is a Total small business set aside.
Leave Tree Marking NAICS: 115310 SBA Size Standards: $8 Million
The following shall be returned with your quotation to be determined responsive by the due date of 08/05/2021: (Do not send back the whole solicitation.)
1. Contractor’s Proposal Package MUST include the following:
a. SF-1449 p. 1- 4 (blocks 23, 24, and 30.a, b & c)
b. Past performance information
c. Experience Questionnaire (attached)
d. Performance Relevancy Questionnaire (attached)
e. Current Qualified Cruiser Certification
2. Contractor must be active in SAMS (SYSTEM FOR AWARD MANAGEMENT) (www.sam.gov) AND SHALL ENTER THEIR REPRESENTATIONS AND CERTIFICATIONS ONLINE IN ORDER TO BE ELIGIBLE TO RECEIVE AND AWARD
Offers in complete form are due to the contracting office no later than 1:00 P.M. August 5, 2021. Submit to jacqueline.robinson@usda.gov with the subject line: RFQ 12444221Q0042 Davy Crockett Cut Tree Leave Tree Marking
GENERAL INFORMATION
SCOPE: This is a Request for Proposal which will result in a firm-fixed price, contract for a basic period of performance from September 1, 2021, through December 10, 2021. Only one award will be made. This project is set-aside 100% for small business. Award will be made based on the best value to the government and can be made on initial offers. Contractor to furnish all material, labor, tools, equipment, signs, supplies, transportation, supervision, incidentals, and OSHA safety measures necessary to perform Cut Tree and Leave Tree Marking services at the Davy Crocket National Forest in accordance with the terms, conditions, and specifications of this solicitation and any resultant contract. .
INVOICE PROCESSING PLATFORM (IPP)
The awarded Contractor will be required to upload their Invoices in the Invoice Processing Platform (IPP) (www.ipp.gov) If you need assistance, contact the IPP Helpdesk at 866-973-3131.
SITE VISIT: Persons wishing to set up a site visit should contact Amber Blair, at 936-553-3457, e-mail ramberblair@usda.gov http://www.ipp.gov/ mailto:ramberblair@usda.gov
National Forest and Grasslands in Texas 12444221Q0042
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CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS
STATEMENT OF WORK (SOW)
General Description
1. SCOPE
The purpose of the proposed contract is to provide timber marking services to the Davy Crockett Ranger District. Timber marking will include leave tree marking and cut tree marking with sample tree cruising for approximately 1295 acres.
Project Location: Davy Crockett Ranger District with the district office being in Ratcliff, Texas.
Compartment 30 and 31 are north of the Davy Crockett Ranger District office and the south group thinning area is located northeast of Groveton, TX. The treatment area consists of compartment 30, 31 and the south group thinning project area consists of compartments 92-94, and 100 (See the project maps for exact locations in Attachment A).
Project Area: The total combined project area consists of approximately 1,295 acres of timber marking.
Units in Compartment 30 and 31 will have 750 acres to be delineated on the ground with orange boundary paint and GPS data collected before the start of the work. The south group thinning area will comprise of approximately 545 acres to be determined before start of the work and will be delineated on the ground with orange boundary paint and acres determined by GPS.
Access: All of these areas are accessible by vehicle or by foot and are generally level slope with an elevation of about 240 feet.
Davy Crockett Ranger District Compartment Payment
Units Cut Tree /
Leave Tree Marking
GIS Acres 30, 31 1 Cut Tree 750
South group thinning area
2 Leave Tree 545
MARKER CERTIFICATION: Contractors are required to obtain a Qualified Cruiser Certification through the Forest Service by passing a written examination and field test PRIOR
TO AND IN ORDER TO COMPETE FOR CONTRACT AWARD OF TIMBER SALE
PREPARATION TASKS AND SUBTASKS. This certification will remain valid for a period of one year and annual recertification is required in order to continue performing services under this contract.
Contact Kristi Keach, 936-639-8540, to obtain information about the Qualified Cruiser Certification and recertification.
Payment: It will be required that the timber marking be completed to contract specifications and inspected by an authorized Forest Service Representative on a single area before payment is made for that area.
National Forest and Grasslands in Texas 12444221Q0042
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LIST OF ATTACHMENTS
Attachment Title of Attachment # Pages A Treatment Area Maps 2 B Tracer Paint Accountability 5 C Experience Questionnaire and
Performance Relevancy Questionnaire
Attachment A
Treatment Areas and Payment Unit Maps
National Forest and Grasslands in Texas 12444221Q0042
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National Forest and Grasslands in Texas 12444221Q0042
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National Forest and Grasslands in Texas 12444221Q0042
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Attachment B
TRACER PAINT ACCOUNTABILITY
General
The security of tracer paint cannot be emphasized too greatly. It is an extremely important link for the Forest Service to be successful at proving a trespass case on a timber sale.
Each District Ranger will designate a Property Custodian who will take responsibility of all phases of tracer paint security, from completing the order, until each can has been properly disposed. The District Ranger will also designate an Accountable Property Officer. These designations are in accordance with direction in FSH 2409.12.
Duties of Property Custodian, COR and Marking Contractor
The Property Custodian is ultimately responsible for tracking all tracer paint, from the time it is ordered until the cans are properly disposed of, including: ordering, receiving, checking, inventorying, distribution, securing storage, and disposal of empty cans.
The Property Custodian will ensure that COR’s trained in the procedures and importance of accountability.
Contracting Officer’s Representatives will discuss with and impress upon the Contractor, the importance of the security and accountability procedures required of them.
Once a paint transaction has been checked for completeness and proper exchange, it shall be added to the inventory forms and secured in the Contractor’s approved paint storage containers. Any missing or unaccounted for paint cans could result in a charge of $250.00 per can to the Contractor and will be investigated by law enforcement.
Training
The Contractor’s and his employees shall be instructed in the proper safety, use, and security of Tracer Paint.
Instruction will include the following:
1. View the “Tree Marking Paint” video.
2. Review the Job Hazard Analysis for tracer paint.
3. Review the Tracer Paint Accountability Plan.
4. Discuss with the COR and understand the following:
a. Accountability procedures.
b. Proper security measures for transporting Tracer Paint.
c. What to do if cans are missing.
d. How to identify and report suspicious situations.
e. How to properly mark a tree.
National Forest and Grasslands in Texas 12444221Q0042
9 9
Paint Storage
The COR will ensure that all individuals checking out Tracer Paint have the ability to secure the paint at all times while the paint is out of the Forest Service Tracer Paint storage facility. Tracer Paint will not be issued to anyone who does not have the capability to secure the paint in the field. Tree marking paint will be stored in secure containers (building, vehicle, toolbox, etc.)
The Contractor’s paint storage containers will be inspected and approved for compliance with security measures prior to paint being issued to the Contractor. Storage containers shall be constructed of strong materials, with locking mechanisms that cannot be easily compromised. Containers must be anchored (if applicable) and have secured doors, windows, and lids, with hinges to the inside or welded to prevent theft of the paint or the container itself.
Tracer Paint containers will be locked at all times, while not under direct surveillance of the Contractor or his employees.
Tracer Paint Security While in the Field
Security of Tracer Paint is most vulnerable from the time it is checked out for field use, until it is returned and accounted for. It is most important during this time for the paint to be properly transported, stored, and used in the field.
If paint is not “on the person” of the contractor or his/her employees involved with the tree marking contract, all paint will be stored in secure containers which will be locked at all times.
The Contractor will keep track of the tracer paint used each day via the “NFGT Standardized Tree Marking Contractor’s Daily Paint Accountability Log” form. At the end of each day, and when additional paint is issued, the proper number of empties must be accounted for.
Returning Used and Unused Paint Containers to the COR
The Contractor will return all unused paint and empty cans to the Forest Service secured paint storage facility on a weekly basis in coordination with the Paint Custodian. All paint shall be accounted for by the COR and Contractor.
All unused paint and empty cans will be returned to the COR at the Forest Service storage facility and accounted for by inventory methods. The Contractor shall provide the COR with the required documentation, recorded on the “NFGT Standardized Tree Marking Contractor’s Daily Paint Accountability Log”, prior to the COR approving any final Payment Invoice.
Lost Paint Procedure
Any missing or unaccounted for paint cans could result in a charge of $500.00 per can to the Contractor and will be investigated by law enforcement.
National Forest and Grasslands in Texas 12444221Q0042
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Paint Lost From Storage
Any time the inventory does not match the inventory sheets; check past and present inventory sheet figures in an effort to locate a possible math error or where the discrepancy occurred. If the paint cannot be accounted for:
1. Immediately perform a complete audit of all paint in storage, including paint stored in vehicles. If procedures have been followed, this audit should identify the person who lost the paint or verify that a theft has occurred from the paint storage facility.
2. If a theft from the storage area is indicated, immediately notify the COR and the COR will notify the District Law Enforcement Officer (LEO).
3. The Contractor, COR and Property Custodian will write up separate statements. The Property Custodian will send it to the Forest Supervisor’s Office (S.O.) Timber Management.
Paint Lost in the Field
If all Tracer Paint cans are not accounted for at the end of the day:
1. An immediate inventory will be conducted to determine which employee lost the paint.
2. Prior to the crew leaving the area, a search will be conducted of the area in which the employee was working.
If the lost paint is not found:
1. The Contractor will provide a written statement to the COR addressing the circumstances involved in the loss. Statements involving lost Tracer Paint must include the following information:
Brand of paint (manufacturer) Batch number Date of manufacture Color of paint Type of can (quart, aerosol etc.)
Was the can(s) full, partially full, or empty Circumstances and location of loss
If lost on a timber sale, COR will include all information in the presale or administration folder as appropriate.
2. The COR will immediately notify the Property Custodian. The Property Custodian will notify the Law
Enforcement Officer, District Ranger and S.O. Timber Management as soon as possible.
3. S.O. Timber Management will involve Law Enforcement and determine investigation procedures.
Tree Marking Contractor’s Daily Paint Accountability Log
District: Date Received:
Color: Date Returned:
National Forest and Grasslands in Texas 12444221Q0042
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Batch #: Quantity Issued: Issued By:
(1 Batch # per sheet)
(Additional log pages inserted here)
Contractor’s Paint Accountability Log*
ISSUE: Full Containers
Paint Color: Batch #
Quantity Issued:
Size of containers:
Date:
Quart Cans
DATE
TREATMENT AREA
UNIT NUMBERS
MARKED TODAY
(Treatment Area No.)
PAINT USED
(Quarts)
National Forest and Grasslands in Texas 12444221Q0042
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Issued by (signature)
Date:
Received by (signature)
RETURNED: Full and Partials containers
Quantity Returned:
Issued by (signature)
Date:
RETURNED: Empty containers
Used Quantity Returned:
Issued by (signature)
Date:
*Use 1 log sheet per batch number Note: Please sign name so signature is legible.
Attachment C
Experience Questionnaire and Performance Relevancy Questionnaire
National Forest and Grasslands in Texas 12444221Q0042
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EXPERIENCE QUESTIONNAIRE
INSTRUCTIONS: If extra space is needed use the reverse. Mark "X" in appropriate boxes.
CONTRACTOR NAME, ADDRESS & TELEPHONE
How many years do you or your firm have in the line of work contemplated by this solicitation ______? How many years experience in contracting have you or your business had as a (a) prime contractor _____ and/or (b) sub-contractor _____?
List below the projects your business has completed within the last 3 years:
Contract Amount Type of Project Date Completed Name Address & Telephone No. of Person to Contact for Project Info.
List below all of your firm's contractual commitments running concurrently with the work contemplated by this solicitation:
Contract No. Dollar Amt.
of Award Name, Address & Phone No. of Business Govt./Agency
Awarded (Units)
Completed
Date Contract Completed
Have you ever failed to complete any work awarded to you? Yes ( ) No ( ) Has work ever been completed by performance bond? Yes ( ) No ( ) If "Yes" to either item above specify location(s) and reason(s) why:
Organization and work that will be available for this project:
a. Minimum number of employees: ( ) and a Maximum number of employees: ( )
b. Are employees regularly on your payroll: Yes ( ) No ( )
c. Specify equipment available for this contract:________________________________________
d. Estimate rate of progress below (such as 2.0 acres/man/day):
Minimum progress rate: __________ Maximum progress rate: _____________
List below the experience of the principal individuals of your business:
Individual's Name Present Position Years of Experience Magnitude and Type of Work
CERTIFICATION
I certify that all of the statements made by me are complete and correct to the best of my knowledge and that any persons named as references are authorized to furnish the Forest Service with any information needed to verify my capability to perform this project.
Certifying Official's Name and Title Signature (In Ink) Date
National Forest and Grasslands in Texas 12444221Q0042
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PERFORMANCE RELEVANCY QUESTIONNAIRE
Provide the following information requested in this format for each of the projects/contracts being described. Projects may be ongoing and cannot have been completed any later than 3 years prior to the solicitation issue date. Provide frank, concise comments regarding YOUR PERFORMANCE on the contracts you identify. Use as much space as required. OFFEROR
SHOULD PLACE THEIR NAME ON TOP OF EACH QUESTIONNAIRE PAGE.
INSTRUCTIONS: If extra space is needed use the reverse. Mark "X" in appropriate boxes.
CONTRACTOR NAME, ADDRESS & TELEPHONE
How many years do you or your firm have in the line of work contemplated by this solicitation ______? How many years experience in contracting have you or your business had as a (a) prime contractor _____ and/or (b) sub-contractor _____?
PART 1 - PAST / CURRENT PROJECTS
List below up to 5 projects your business has completed within the last 3 years similar in scope to the solicitation:
Contract Amount Type of Project Date Completed Name Address & Telephone No. of Person to Contact for Project Information.
List below all of your firm's contractual commitments running concurrently with the work contemplated by this solicitation:
Contract No. Dollar Amount of Project
Name, Address & Phone No. of Business Govt./Agency
Awarded (Units)
Completed
Date Contract Completed
Have you ever failed to complete any work awarded to you? Yes ( ) No ( ) Has work ever been completed by performance bond? Yes ( ) No ( ) If "Yes" to either item above specify location(s) and reason(s) why:
PART 2 – SPECIALIZED EXPERIENCE – For each of the projects listed above, address the following comments:
a) Describe the specific elements of the work performed by your firm.
b) Indicate what elements of work were performed by your major subcontractors and indicate if those same subcontractors will be used on Forest Service projects.
c) Address any technical areas about this project you consider uniquely relevant to this solicitation.
d) Point of Contact for Owner/Government agency Contracting Officer and or inspector; include a current phone number and facsimile number. Email address is also desired.
CERTIFICATION
I certify that all of the statements made by me are complete and correct to the best of my knowledge and that any persons named as references are authorized to furnish the Forest Service with any information needed to verify my capability to perform this project.
Certifying Official's Printed Name and Title Signature (In Ink) Date
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XIV. WAGE DETERMINATION:
Attached at the end.
XV. CONTRACT CLAUSES
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-
COMMERCIAL ITEMS (OCT 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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 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:
[Contracting Officer check as appropriate.] _X_ (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).
_X_ (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (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).
__ (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 Set-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)).
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__ (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)).
_X_ (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 (Oct 2019) (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 (Oct 2019) (E.O.13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).
_X_ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
_X_ (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).
_X_ (ii) Alternate I (July 2014) of 52.222-36.
_X_ (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).
_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 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 (Jun2016) (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 Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
_X_ (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.
__ (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. 13693).
__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (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.
__ (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.
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__ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (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)(13)).
__ (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.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:
[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items.
Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
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(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 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)).
(iii) 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).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 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).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph
(e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph
(d) to read “paragraphs (a), (b), and (c) of this clause”.
Alternate II (Aug 2019). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than-
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall
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1 1 be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
(C) 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).
(D) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(E) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(F) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(G) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(H) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(I) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29 U.S.C. 793).
(J) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(K) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67).
(L) ___(1) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).
___(2) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(M) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(N) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).
(O) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).
(P) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(R)(1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(2) Alternate I (Jan 2017) of 52.224-3.
(S) 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).
(T) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(U) 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). Flow down required in accordance with paragraph (d) of FAR clause
52.247-64 .
FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement
Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee’s employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
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AGAR 452.209 – 71 Assurance Regarding Felony Conviction or Tax Delinquent Status For Corporate Applicants, Alternate 1 (Feb 2012)
(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –
(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and
(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.
(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.
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.
FSAR 4G52.222-701 - Employment of Eligible Workers (DEC 1999)
Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS), now the United States Citizen and Immigration Services, established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8 CFR 274a).
The contractor is required to:
1. Have all employees complete and sign the I-9 Form to certify that they are eligible for employment;
2. Examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual;
3. Record information about the documents on the form, and complete the certification portion of the form;
4. Retain the form for 3 years, or 1 year past the end of employment of the individual, whichever is longer.
It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.
Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.
For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local United States Citizen and Immigration Services office.
AGAR 452.228-71 Insurance Coverage. (NOV 1996)
Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:
(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered
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2 2 under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.
(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.
(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance.
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