Solicitation_No._12531A19Q0007.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NO.

957621

PAGE

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

12531A19Q0007

6. SOLICITATION ISSUE DATE

05/31/2019

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Sharon Martin

b. TELEPHONE NO. (No collect calls) 859-745-3131

8. OFFER DUE DATE/LOCAL TIME

06/28/2019

4:30 PM EST

9. ISSUED BY CODE

USDA Forest Service Daniel Boone National Forest 1700 Bypass Road Winchester, KY 40391

|_| UNRESTRICTED

SET ASIDE: 100 % FOR

SMALL BUSINESS

DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

|_| 8(A)

NAICS:115310

SIZE STANDARD: $7 Million

15. DELIVER TO CODE

TELEPHONE NUMBER:

EMAIL ADDRESS:

INVOICE PROCESSING PLATFORM (IPP)

Please refer to Pages 5 and 13 for more information on IPP and submitting your invoices.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Cold Hill Pre-harvest Site Preparation for Natural Regeneration with Herbicide on the London Ranger District of the Daniel Boone National Forest in Laurel County, Kentucky in accordance with the attached specifications, attachments, terms and conditions.

This solicitation is being issued pursuant to applicable parts of FAR 12 - Acquisition of Commercial Items and FAR 13 – Simplified Acquisition Procedures.

SEE SCHEDULE OF ITEMS

25. ACCOUNTING AND APPROPRIATION DATA

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

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

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

The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

31c. DATE SIGNED

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 4/2002) Solicitation No. 12531A19Q0007 Cold Hill Pre-harvest Site Preparation for Natural Regeneration with Herbicide London Ranger District, Daniel Boone National Forest

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

The contractor shall furnish all labor, materials, equipment, transportation, tools, supervision, supplies and incidentals except as listed under government furnished property; to perform all work required to complete Cold Hill Pre-harvest Site Preparation for Natural Regeneration with Herbicide, in accordance with the specifications, terms and conditions of this contract.

SCHEDULE OF ITEMS

Item # Description Quantity Unit Unit Price Total Price

1 Cold Hill Pre-harvest Site 125 Acres $_______ $________ Preparation for Natural Regeneration with Herbicide

TOTAL QUOTE ITEM 1 $_________

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule and within the time period shown under deliveries and performance.

ALL OFFERORS MUST COMPLETE THE FOLLOWING OFFEROR INFORMATION:

PHONE NO.____________________________ CELL PHONE NO. __________________________

E-MAIL ADDRESS:_________________________________________________________________

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: __________________________

FEDERAL TAX IDENTIFICATION NUMBER: __________________________________________

ARE YOU REGISTERED IN SYSTEM FOR AWARD MANAGEMENT (SAM) FORMERLY CENTRAL CONTRACTOR REGISTRATION? [ ] YES [ ] NO

IF NOT, PLEASE GO TO https://www.sam.gov/portal/public/SAM/ TO REGISTER YOUR ENTITY IN SAM. REGISTRATION IN SAM IS FREE. ALL CONTRACTORS MUST BE REGISTERED IN SAM PRIOR TO AWARD.

MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT (MSPA) NO. (If Applicable): ___________________________________________________________

Kentucky Herbicide Applicators License/Certification No.:_____________________________

SITE SHOWING: An inspection of the area is highly recommended and prospective offerors are urged to visit the project site prior to submitting offers.

A site showing is scheduled for Tuesday, June 11, 2019 at 10:00 AM EST. Prospective offerors shall meet at the London Ranger District office located at 761 S. Laurel Road, London, KY 40744. Please confirm your plans to attend the site showing by emailing Jared Calvert at jared.calvert@usda.gov your name and number of attendees prior to June 11, 2019.

For technical questions and more information on the site showing contact Jared Calvert at (606) 670-7168 or email at jared.calvert@usda.gov, or Jacob Royse at (606) 864-4163, Extension 119 or email at jacob.royse@usda.gov.

Please contact Sharon Martin at (859) 745-3131 or email at sharon.martin@usda.gov for all other questions.

CONTRACT AWARD: This solicitation is for a firm fixed-price contract. Only one contract will be awarded for this project.

BASIS OF AWARD: The Government will award a firm fixed-price contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the best value and most advantageous to the Government, price and other factors considered.

IMPORTANT NOTICE AND INSTRUCTIONS TO OFFERORS

SITE SHOWING

An inspection of the area is highly recommended and prospective offerors are urged to visit the project site prior to submitting offers.

A site showing is scheduled for Tuesday, June 11, 2019 at 10:00 AM EST. Prospective offerors shall meet at the London Ranger District office located at 761 S. Laurel Road, London, KY 40744. Please confirm your plans to attend the site showing by emailing Jared Calvert at jared.calvert@usda.gov your name and number of attendees prior to June 11, 2019.

For technical questions and more information on the site showing contact Jared Calvert at (606) 670-7168 or email at jared.calvert@usda.gov, or Jacob Royse at (606) 864-4163, Extension 119 or email at jacob.royse@usda.gov.

Please contact Sharon Martin at (859) 745-3131 or email at sharon.martin@usda.gov for all other questions.

KENTUCKY WORKERS’ COMP POLICY: A Kentucky Workers’ Comp Policy is required by law for any contractor with employees working in Kentucky, whether using out-of-state employees or not. If awarded the contract the contractor will be required to submit a copy of their Kentucky Workers’ Comp policy.

KENTUCKY HERBICIDE APPLICATORS LICENSE/CERTIFICATION: The contractor must have a valid License/Certification for application of herbicide in the State of Kentucky. Prior to contract award, the Contractor shall provide a copy of their license/certification. Failure to provide a copy of the license may remove the offeror from consideration for award of the contract.

Please refer to Pages 27-29, HERBICIDE USE, STORAGE, AND TRANSPORTATION for more information.

MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT (MSPA)

The migrant and seasonal agricultural worker protection act applies to this solicitation and any resultant contract. Contractors who intend to utilize migrant or seasonal or H2B workers during the performance of any contract resulting from this solicitation must supply a federal MSPA number.

Please refer to Pages 23-27, H2-B AND MIGRANT AND SEASONAL AGRICULTURAL WORKER INFORMATION and Page 31, H-2B & MSPA WORKFORCE CERTIFICATION for more information.

SYSTEM FOR AWARD MANAGEMENT (SAM)

The General Service Administration (GSA) Office of Governmentwide Policy is consolidating the governmentwide acquisition and award support systems into one new system – the System for Award Management (SAM). SAM is streamlining processes, eliminating the need to enter the same data multiple times, and consolidating hosting to make the process of doing business with the government more efficient.

The Entity Management functional area of SAM, formerly Central Contractor Registration (CCR), Online Representations and Certifications (ORCA), and Federal Agency Registration (FedReg), is the primary database for the U.S. Federal Government to manage information on potential government business partners or federal financial assistance recipients.

If you have previously registered your entity in CCR, ORCA, or FedReg all of your entity’s information has been brought into SAM. You just need to set up a SAM account, migrate your roles and update/renew your entity record in SAM as needed. See the following website https://www.sam.gov/portal/public/SAM/ for more information and assistance on registering your entity in SAM.

In order to be eligible for an award, potential contractors must comply with all requirements of FAR Clause 52.204-7, System for Award Management.

INVOICE SUBMITTALS

Invoices shall be submitted monthly unless a different submittal period is agreed upon between the contractor and the government. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

Benefits of registering with IPP include the ability to create invoices directly from a contract award and submit them electronically, as well as:

email notification when invoice(s) are paid online payment history email notification when you are awarded a new contract

The email notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information.

INSTRUCTIONS TO OFFERORS:

The following shall be completed and returned with your offer to be determined responsive:

1. SF-1449 (Page 1)

2. Section B – Supplies or Services and Prices/Costs, Schedule of Items and Offeror Information (Page 2)

3. H-2B & MSPA Workforce Certification (Page 31) and copies of current certifications if applicable.

4. Kentucky (KY) Herbicide Applicators License/Certification.

5. Offeror Representations and Certifications – Commercial Items (Pages 33-52) or completion of paragraph (b) of this provision (Page 36) if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov or https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

6. Evaluation Factors for Award (Page 54-55): Please complete and return the requested information for each evaluation factor (Refer to Page 53 and submit the information requested) in order for the evaluation factors to be evaluated. Failure to provide all the required information may result in your offer not being considered for award.

Completed packages should be received at the address shown below.

FAX AND EMAIL RESPONSES: Offerors may fax their offers to (859) 745-4710 or email their offers to sharon.martin@usda.gov.

All offers shall be received by 4:30 p.m. EST on Friday, June 28, 2019.

Offerors shall mail their original offer to USDA Forest Service, Daniel Boone National Forest, Attention: Acquisition Management, 1700 Bypass Road, Winchester, KY 40391 promptly if their offers are faxed or emailed. Please see below for information on submitting a facsimile offer.

FAR 52.215-5 Facsimile Proposals (OCT 1997)

(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: (859) 745-4710

NOTE: IF A FASCIMILE OFFER IS SUBMITTED AS A RESPONSE TO THIS SOLICITATION, THE OFFEROR SHALL PROMPTLY MAIL THE ORIGINAL SIGNED OFFER TO THE FOLLOWING ADDRESS:

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timelines, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

SPECIFICATIONS

SCOPE

The contractor shall furnish all labor, materials, equipment, transportation, tools, supervision, supplies and incidentals except as listed under government furnished property; to perform all work required to complete Cold Hill Pre-harvest Site Preparation for Natural Regeneration with Herbicide, in accordance with the specifications, terms and conditions of this contract.

DESCRIPTION

The areas are located within the boundaries of the Daniel Boone National Forest, London Ranger District, Laurel County, Kentucky. Project area map is attached.

All areas will be designated by flagging or by marking the perimeter with tree marking paint prior to contract implementation. Contracting Officer Representative (COR) will provide instructions regarding area designation method prior to contract implementation.

Item 1-Pre-Harvest Site Preparation with Herbicide - 125 acres

DESCRIPTION OF WORK

Item-1 Site Preparation

Trees to receive treatment:

1. All red maple trees not marked with tree paint, or flagging within the unit area that are 0.5 inches diameter at breast height (DBH) up to 11.9 inches DBH shall receive cut-surface herbicide application treatment (i.e. hack n’ squirt or cut-staub) as described within the treatment specifications portion of this document.

2. Any tree designated by the Contracting Officer’s Representative (COR) or Inspector.

Treatment Specifications

1. Leave trees shall not be damaged during cut-surface herbicide treatment operation.

2. Trees to receive herbicide treatment shall be treated using the hack n’ squirt method, unless they are under 2 inches in diameter. Incisions using a sharp cutting tool (i.e. hatchets and/or machetes) will be made at a rate of one incision per inch of diameter at breast height (DBH) spaced evenly around the stem unless specified differently by the COR. Herbicide shall be applied at a rate of 1.5 milliliters (ml) (0.05 oz.) of solution per incision unless specified differently by the COR. Incisions shall be made with a downward motion to ensure that herbicide is allowed to enter the incision site when applied from a calibrated spray bottle or other calibrated application device.

3. Trees 0.5 inches DBH to 2 inches DBH shall be completely severed using a sharp cutting tool at a point below 3 feet in height from the ground measured from the uphill side of the tree. Herbicide shall be applied at a rate of 1.5 milliliters (ml) (0.05 oz.) of solution per inch of DBH of the tree being treated unless specified otherwise by the COR.

4. Any cut tree that inadvertently hangs or leans on any tree shall be completely felled to the ground. This may require the contractor to occasionally make extra cuts on the leaning or hanging tree with a suitable cutting tool to get the tree completely on the ground.

5. The contractor shall release or cut all spring pole trees in the event that they are inadvertently created. A spring pole tree is a tree that is bent over or prohibited from growing a straight bole.

6. Any tree or limb inadvertently felled into a road, powerline right-of-way, or adjacent private property shall be completely removed. Fell all trees away from power lines if necessary. Leave a buffer where necessary.

7. No dead trees shall be felled unless confirmed as a hazard tree by the COR or inspector.

8. All work will occur in terrestrial areas. No project work or herbicide application will occur in riparian areas. The contractor is responsible for working with the COR to determine if and where riparian areas exist within treatment units and avoiding treatment 100 feet from all perennial streams and at least 50 feet from intermittent streams or seeps. If an unidentified perennial stream, intermittent stream or seep is encountered during treatment the contractor shall avoid treatment within the area and notify the COR of the area to determine the appropriate buffer distance.

9. Nozzles on calibrated spray bottles or similar calibrated application device shall not exceed six (6) inches from the target incision or cut surface when applying herbicide to ensure a targeted application.

10. Areas treated with herbicides are to be clearly posted with notice signs to warn visitors of the treatment. The contractor is responsible for working with the COR to ensure that signs are adequately displayed.

11. Application equipment, empty herbicide containers, clothing worn during treatment, and skin are not to be cleaned in open water or wells. Mixing and cleaning water must come from a public water supply and be transported in separate, labeled containers.

12. The contractor is responsible for working with the COR to identify necessary buffer zone areas such as perennial, intermittent, or ephemeral streams and seeps or other sensitive areas prior to treatment so applicators can easily recognize and avoid the buffer area.

13. Herbicide mixing, loading, or cleaning areas in the field are not to be located within 200 feet of private land, open water or wells, or other sensitive areas such a riparian areas.

14. All existing American chestnut shall not be cut or treated with herbicide.

15. Any tree along the area boundary that has red blaze marks that may indicate a property line will not be cut.

16. All known archaeological sites that need to be avoided will be buffered by a flagged and/or painted boundary. The contractor is responsible for obtaining information on areas to be avoided prior to implementation of the contract. The contractor shall avoid treatment in all buffered areas.

17. Any new potential archaeological sites discovered during treatment shall immediately be reported to the COR who will inform the District archaeologist. If the site is determined to be an archeological site then it will be marked and treatment will be avoided.

18. Any tree indicating area boundary shall not be cut.

19. Any litter resulting from the contractor’s operations shall be removed from National Forest land.

EQUIPMENT SPECIFICATIONS

The contractor shall furnish power saws, hatchets, machetes, spray bottles, backpack sprayers, personal protective equipment (PPE) or similar equipment used in the performance of this contract. Power saws, hatchets, machetes, spray bottles, backpack sprayers, PPE or similar equipment must be in good operating condition and have approved mufflers meeting Forest Service standards.

RIGHTS-OF-WAY

All areas can be accessed through National Forest land or National Forest easements.

SALVAGE RIGHTS

Contractor does not have salvage rights.

ROAD CONDITIONS

The Contractor shall not operate vehicles over Forest Service Roads when damage can result due to the ground conditions.

INSPECTION

Inspection of the work shall be made by COR or the designated inspector as the work progresses at such intervals as necessary to insure compliance with the contract specifications and provisions. Upon completion of an area, the Contractor shall notify the COR so that they can make an inspection of that phase of the work. If work is unacceptable, the Contractor shall complete any remedial work required for acceptance prior to commencing work on the next area.

METHOD OF MEASUREMENT

Acreage listed in the schedule was determined by Global Positioning System (GPS) mapping, and for the purposes of this contract is considered actual acreage and not an estimate.

PAYMENT

Payment will be based on actual acres completed by the Contractor and accepted by the Government. Payment will be made at the unit price quoted per acre.

DELIVERIES AND PERFORMANCE

The contractor shall perform all work between August 15, 2019 and November 15, 2019. Work may commence on August 15, 2019 following the award of the contract and receipt of a Notice to Proceed. All work should be complete by November 15, 2019. Contractor shall be required to (a) commence work under this contract within 10 calendar days after the effective date of the Notice to Proceed; (b) prosecute the work diligently; and (c) complete the entire work prior to November 15, 2019. The time stated for completion shall include final clean-up of the premises.

The contractor shall submit a detailed statement in writing when submitting their offer on the contract describing their ability to complete the contract within the August 15th to November 15th time period.

LABOR LAWS

The Service Contract Act of 1965 as amended applies to this procurement and Wage Determination No. 1980-0151 (Rev. 52) dated 03/12/2019 is attached.

GOVERNMENT FURNISHED PROPERTY

Herbicide (Arsenal AC) shall be provided (and may be provided within pre-mixed containers) by the COR prior to contract implementation. The contractor is responsible for working with the COR to ensure that Herbicide is mixed properly to the correct percent solution. A dye used to indicate where treatment occurs may also be provided by the COR, or pre-mixed by the COR within the herbicide solution.

CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror(s) will be scheduled if required by the Contracting Officer. It will be scheduled as soon as possible after the date of contract award. Dates and locations of the conferences will be mutually agreed upon.

PRE-WORK MEETING

Prior to commencement of work, the Contracting Officer (CO) or Contracting Officer’s Representative (COR) will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements.

DESIGNATION OF CONTRACTOR REPRESENTATIVE

Prior to commencement of work, preferably at the pre-work meeting, the Contractor shall designate in writing a person to act for him in his absence. When designating a representative, the Contractor shall furnish a copy of the designation in writing to the Contracting Officer. The designation shall clearly indicate the name and limitations (if any) of authority of the representative. The Contractor or the designated representative shall be on the job whenever work is in progress. In the absence of the Contractor, the authorized representative will take action as required to keep the job in progress under the terms of the contract. The presence of the Contractor’s Representative or Contracting Officer’s Representative on the job will not relieve the Contractor of responsibility for satisfactory performance. The Contractor and the designated representative shall be able to speak and understand English.

ADMINISTRATIVE CONTRACTING OFFICE

USDA FOREST SERVICE

DANIEL BOONE NATIONAL FOREST

ATTN: ACQUISITION MANAGEMENT

1700 BYPASS ROAD

WINCHESTER, KY 40391

CONTRACTING OFFICER

Sharon Martin will be designated Contracting Officer (CO) for this project unless another CO is designated at the time of award. Sharon can be reached as follows:

Sharon: (859) 745-3131, sharon.martin@usda.gov

SYSTEM FOR AWARD MANAGEMENT (SAM)

The General Service Administration (GSA) Office of Governmentwide Policy is consolidating the governmentwide acquisition and award support systems into one new system – the System for Award Management (SAM). SAM is streamlining processes, eliminating the need to enter the same data multiple times, and consolidating hosting to make the process of doing business with the government more efficient.

The Entity Management functional area of SAM, formerly Central Contractor Registration (CCR), Online Representations and Certifications (ORCA), and Federal Agency Registration (FedReg), is the primary database for the U.S. Federal Government to manage information on potential government business partners or federal financial assistance recipients.

If you have previously registered your entity in CCR, ORCA, or FedReg all of your entity’s information has been brought into SAM. You just need to set up a SAM account, migrate your roles and update/renew your entity record in SAM as needed. See the following website https://www.sam.gov/portal/public/SAM/ for more information and assistance on registering your entity in SAM.

In order to be eligible for an award, potential contractors must comply with all requirements of FAR Clause 52.204-7, System for Award Management.

INVOICE SUBMITTALS

Invoices shall be submitted monthly unless a different submittal period is agreed upon between the contractor and the government. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

Benefits of registering with IPP include the ability to create invoices directly from a contract award and submit them electronically, as well as:

email notification when invoice(s) are paid online payment history email notification when you are awarded a new contract

The email notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information.

CONTRACT TERMS AND CONDITIONS

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/ http://www.da.usda.gov/procurement/policy/index.html http://fsweb.wo.fs.fed.us/aqm/fsar/

FAR 52.212-4 Contract Terms and Conditions - Commercial Items FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.232-1 Payments FAR 52.232-23 Assignment of Claims FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-1 Disputes FAR 52.236-6 Superintendence by the Contractor FAR 52.236-7 Permits and Responsibilities FAR 52.243-1 Changes-Fixed Price FAR 52.253-1 Computer Generated Forms

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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).

___(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.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___(5) [Reserved].

___(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (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)).

___(17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)) ___(ii) Alternate I (Jan 2017) of 52.219-9.

___(iii) Alternate II (Nov 2016) of 52.219-9.

___(iv) Alternate III (Nov 2016) of 52.219-9.

___(v) Alternate IV (Aug 2018) of 52.219-9 ___(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

___(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

___(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

___(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).

___(ii) Alternate I (July 2014) of 52.222-35.

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

___(ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

___(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

___(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)

X (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.

___(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___(41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___(ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

___(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___(44) 52.223-21, Foams (Jun 2016) (E.O. 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.

X (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.

___(48) 52.225-5, Trade Agreements (Aug 2018) (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).

X (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).

___(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (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-

(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) 52.219-8, 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.

(v) 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.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (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).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 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).

(xxi) 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.

(xxii) 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.

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

1. (a) Definitions. As used in this provision— “Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) (1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.t

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause— “Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that–

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the…